Uber and Lyft make getting around New Orleans and the rest of Louisiana pretty convenient. But when a rideshare vehicle is involved in an accident, figuring out which insurance policy applies can be a lot less convenient.
Unlike a typical car accident, a rideshare crash can involve the driver’s personal auto insurance, insurance maintained for rideshare activity, and potentially other policies. A big part of figuring out available coverage is determining exactly what the rideshare driver was doing when the accident happened.
Here’s a simple breakdown.
The App Is Off
If an Uber or Lyft driver isn’t logged into the rideshare app and is simply using the vehicle for personal reasons, the accident will generally be handled like a regular car accident.
In that situation, the driver’s personal auto insurance would typically be the first policy to look at.
The App Is On, But the Driver Hasn’t Accepted a Ride
Things change once the driver logs into the rideshare app.
Louisiana law requires primary automobile insurance during what’s called the “pre-trip acceptance period,” basically, when the driver is logged in and available to receive ride requests but hasn’t started a prearranged ride.
The required coverage during this period is at least:
- $50,000 for bodily injury or death per person
- $100,000 for bodily injury or death per accident
- $25,000 for property damage
The policy must also include uninsured and underinsured motorist coverage to the extent required under Louisiana law.
It’s also important to know that a driver’s personal auto policy may exclude some or all coverage while the driver is logged into a rideshare network. That’s one reason identifying the driver’s exact status at the time of the crash matters.
The Driver Has Accepted a Ride
Once the driver is engaged in a prearranged ride, Louisiana requires significantly more insurance.
During a prearranged ride, the required automobile insurance is at least $1 million for death, bodily injury, and property damage.
This stage can include the time when the driver is traveling to pick up the passenger as well as the actual trip with the passenger.
What If You’re the Rideshare Passenger?
If you’re riding in an Uber or Lyft and your driver gets into an accident, you may have multiple potential sources of insurance coverage depending on who caused the crash and the circumstances.
For example, a claim could potentially involve the rideshare-related policy, another driver’s liability insurance, or uninsured/underinsured motorist coverage.
That’s why rideshare accidents aren’t always as straightforward as they initially seem.
What If Another Driver Causes the Accident?
The rideshare driver doesn’t necessarily have to be responsible for you to have a claim.
If another driver causes the crash, that driver’s liability insurance may be involved. If that driver doesn’t have insurance or doesn’t have enough coverage for the injuries caused, other available coverage may also need to be investigated.
How Do You Know What the Rideshare Driver Was Doing?
After an accident, determining whether the driver was logged into the app, and whether they were waiting for a request or already on a prearranged ride, can be important.
Louisiana law requires rideshare drivers involved in an accident to provide proof of the required insurance upon request to directly interested parties, insurers, and investigating police officers. They must also disclose whether they were logged into the rideshare network or on a prearranged ride at the time of the accident.
Rideshare Accident Claims Can Get Complicated
The biggest takeaway is simple: don’t assume there’s only one insurance policy available after an Uber or Lyft accident.
The driver’s status at the time of the crash can make a major difference in which coverage applies. There may also be questions about who caused the accident, whether another vehicle was involved, and what additional insurance coverage is available.
If you’ve been injured in an Uber or Lyft accident in Louisiana, Cueria Law Injury Lawyers can help you look at the circumstances of the crash, identify potential insurance coverage, and understand your options.
Have questions about a rideshare accident? Call Cueria Law Injury Lawyers at (504) 525-5211 for a free consultation.
