Getting into an accident while riding in an Uber is confusing. You’re hurt, you don’t know who’s responsible, and you’re wondering whether you can actually sue the driver who caused the crash. The answer isn’t always straightforward because rideshare accidents work differently from regular car crashes. It depends on what the driver was doing when the accident happened.
When Can You Sue An Uber Driver
Louisiana law lets you pursue compensation after a rideshare accident. But the process is different from typical car accident claims because Uber’s insurance coverage operates on a tiered system. You might be able to sue an Uber driver directly if:
- They were driving recklessly or negligently
- You got injured, or your vehicle was damaged
- Their actions caused the collision
- The available insurance won’t cover all your losses
Here’s what most people don’t realize. You’ll probably deal with insurance companies first, not file a lawsuit right away. A New Orleans Uber accident lawyer can figure out which approach makes sense for your case.
How Uber’s Insurance Coverage Works
Uber doesn’t provide the same coverage all the time. The amount of insurance available depends entirely on what the driver was doing when the crash occurred.
App Off: If the driver wasn’t logged into the Uber app, you’re dealing with their personal auto insurance. That’s a problem. Most personal policies specifically exclude coverage when drivers are working commercially, which leaves you in a tough spot.
App On, Waiting for Request: When drivers are logged in but haven’t accepted a ride yet, Uber provides limited coverage. We’re talking $50,000 per person and $100,000 per accident. That might sound like a lot, but it won’t cover serious injuries.
Ride Accepted or Passenger in Vehicle: This is when Uber’s big policy kicks in. Once a driver accepts your trip or you’re in the car, there’s up to $1 million in liability coverage available.
Filing A Claim Against Uber’s Insurance
Most people file claims with Uber’s insurance carrier instead of suing the driver personally. That million-dollar policy should cover serious injuries, right? Sometimes it does. But getting insurance companies to pay what you deserve is another story. Adjusters will try to pay you as little as possible. They’ll argue about who was at fault, question your injuries, and use every tactic they can to reduce your claim. They might even try to argue the driver was just an independent contractor, so Uber shouldn’t be responsible. It’s frustrating, and it’s why having someone on your side matters.
When Personal Lawsuits Become Necessary
Sometimes you do need to sue the Uber driver directly. This happens when insurance coverage can’t come close to covering what you’ve lost. Catastrophic injuries cost more than a million dollars. If you’ve suffered permanent disabilities, traumatic brain injuries, or if someone died in the crash, policy limits might not be enough. That’s when a New Orleans Uber accident lawyer will look at every possible source of compensation, including the driver’s personal assets.
Louisiana’s Comparative Fault Rule
Louisiana uses what’s called pure comparative negligence. Even if you were partially at fault for the accident, you can still recover money. Your compensation just gets reduced by your percentage of fault. Let’s say you suffered $100,000 in damages but were 20% responsible for what happened. You’d still recover $80,000. This rule applies to every motor vehicle accident in Louisiana, whether it involves rideshare drivers or not.
Steps To Take After An Uber Accident
What you do right after the crash matters. Take photos of everything. Get the driver’s information and insurance details. Talk to witnesses and get their contact information before they leave. Even if you weren’t a passenger, report the accident to Uber through the app, document it. Don’t wait to see a doctor. Some injuries don’t show symptoms right away, and waiting can hurt both your health and your claim. Insurance companies love to argue that delayed treatment means you weren’t really hurt. Keep every medical record, every bill, every piece of documentation related to your injuries.
Getting Legal Help
Rideshare accidents aren’t simple. You’re dealing with multiple insurance companies, complicated coverage tiers, and companies that have lawyers whose entire job is to pay you less than you deserve. Kiefer & Kiefer has handled these cases before and knows how to fight for fair compensation. If you’ve been injured in an Uber accident, contact our team to talk about what happened and what your options are.
