Rights of a Passenger in an Uber or Lyft Accident

Injured in a rideshare crash? Call a New Orleans Uber and Lyft accident lawyer

Every day, residents and visitors of New Orleans rely on Uber and Lyft for transportation. Maybe you’re heading back from the French Quarter after a late dinner or catching a ride to Louis Armstrong Airport before dawn. You expect to get from point A to point B, safely and without incident. But then something goes wrong and a crash happens. Maybe your driver was speeding. Maybe someone ran a red light. Suddenly, you’re dazed, in pain, and unsure of what comes next.

As a passenger, you're almost never at fault in these situations. But the truth is, that doesn't mean things will be simple. Rideshare accidents can lead to a tangle of insurance policies, shifting blame, and companies more interested in protecting their bottom line than helping you recover.

That’s why it’s so important to know your rights. If you’ve been injured as a passenger in an Uber or Lyft crash in New Orleans or anywhere in Louisiana, The Law Offices of John S. Williams can help you sort it out and get fully compensated for your damages. To learn how, contact us and schedule a free, no-obligation case consultation.

“First and foremost I would like to thank The Law Office of John S. Williams for being there for me during a very difficult time in my life. John was professional and thorough with the particulars of my case, from the initial consultation I felt confident that I'd chosen an awesome attorney. I'm highly satisfied with my overall experience and definitely will recommend John to anyone seeking legal representation. A scale from 1-10 isn't sufficient for John, his rating in my opinion is a 100 off the charts.” – F.A., ⭐⭐⭐⭐⭐

You have the right to medical care and full compensation

In Louisiana, injured rideshare accident victims have the legal right to be made whole. That doesn’t just mean getting your hospital bills paid. It means every consequence of your injury should be accounted for, including the physical, financial, and emotional consequences.

As a passenger in a rideshare vehicle, you didn’t cause the crash. Whether your driver was at fault or another motorist was to blame, you have the right to recover compensation for:

Emergency room visits and ambulance costs
Surgeries, rehabilitation, and physical therapy
Prescription medications and medical devices
Time missed from work and future lost earnings
Pain and suffering, anxiety, depression, and emotional distress
Reduced quality of life or changes to your daily routine

Maybe you had plans after the crash. A family to care for. A job to get back to. But everything was put on hold because someone else made a mistake. That’s what compensation is for. It’s not to make you rich, but to give you a fair shot at putting your life back together. Attorney John S. Williams can calculate a fair settlement estimate and fight for every dollar you’re entitled to.

You have the right to file a claim against whoever caused the crash

In Louisiana, we follow what’s called a “fault-based” system. That means the party responsible for causing the crash is also responsible for covering the damages. As a passenger, you’re in a unique position. You’re not the one who was driving, so you don’t have to prove you were being careful.

What you do have is the right to file an insurance claim (or, if necessary, a lawsuit) against any of the following:

The Uber or Lyft driver

If your driver was texting, speeding, or simply not paying attention, they could be liable. Rideshare drivers aren’t professionals in the traditional sense; they’re regular people using an app to make extra money. But they still owe you a duty of care. When they break that duty, you have every right to hold them accountable.

Another driver on the road

It’s not always the rideshare driver’s fault. If another car plows into your vehicle, you may need to pursue a claim against that driver’s insurance policy instead.

Both drivers

Sometimes both drivers share the blame. For example, one might have been speeding, while the other failed to yield. In these situations, Louisiana’s “comparative fault” rules come into play, and both drivers’ insurance policies may be tapped to cover your injuries.

The rideshare company (in limited cases)

Here’s where things get complicated. Uber and Lyft try to avoid liability by classifying their drivers as independent contractors. But when a driver is actively transporting a passenger or has accepted a ride request, the company’s $1 million commercial insurance policy kicks in. That policy is often your best route to getting fully compensated.

Do I have to prove fault if I’m an Uber or Lyft passenger?

As a passenger, you don’t have to figure out who caused the crash. That’s not your responsibility. You’re not expected to investigate, argue with insurance adjusters, or make legal determinations.

All you need to do is report the crash, seek medical attention, and contact an attorney who can handle the rest. Attorney John S. Williams will track down police reports, interview witnesses, gather medical records, and identify which insurance policies apply.

How do rideshare insurance policies work for passengers?

Uber and Lyft carry insurance policies to cover collisions that happen during active trips. But getting access to that money isn’t always straightforward. Here’s how the insurance works:

$1 million liability coverage

When your driver is actively carrying a passenger (or on the way to pick one up), Uber and Lyft provide $1 million in third-party liability coverage. This means:

If your driver caused the crash, the policy should cover you.
If another driver caused it, but their insurance isn’t enough, Uber or Lyft’s policy may provide additional coverage.

UM/UIM coverage

What if the driver who hit your rideshare had no insurance? Or only carried the bare minimum, which isn’t enough to cover your injuries?

In those cases, Uber and Lyft also provide uninsured/underinsured motorist coverage. This coverage is designed to protect passengers when the at-fault driver’s insurance won’t cut it.

MedPay and your own health insurance

Sometimes, you may need to use your own resources to get care. If you have MedPay on your car insurance policy, it can help cover out-of-pocket medical costs. Health insurance or Medicaid may also step in temporarily. However, those costs may later be reimbursed as part of your claim.

What should I do right after a rideshare accident as a passenger?

The moments after a rideshare crash can be chaotic. You may be confused, in pain, or unsure of what’s going on. But to protect your health, legal rights, and ability to seek compensation, here’s what to do, step by step:

Call 911: Always report the crash. This is important for your safety and ensures there’s a police report, which becomes key evidence in your case.
Get medical help: Even if you feel “okay,” adrenaline can hide injuries. Internal bleeding, concussions, and soft tissue injuries aren’t always obvious right away. A medical exam documents the connection between the crash and your injuries.
Document everything: Take photos of the vehicles, road conditions, and anything else that might be relevant. Also, screenshot your ride details in the app: driver’s name, pickup time, drop-off location, and trip route. Lastly, get the names and contact information of any witnesses.
Report the crash in the app: Use Uber or Lyft’s in-app tools to report the crash. Keep it brief and factual. Avoid discussing your injuries in detail.
Don’t give recorded statements to insurance companies: If an insurance adjuster calls, politely decline to give a statement until you’ve consulted a New Orleans rideshare accident lawyer. Anything you say could be used to reduce your claim.

How long do you have to file a rideshare accident claim in Louisiana?

In Louisiana, the deadline to file a personal injury lawsuit is just one year from the date of the crash. This is known as the prescriptive period, and it’s one of the shortest in the nation. That clock starts ticking the day of the crash, not when you start treatment or decide to pursue a claim.

Waiting too long can mean:

Key evidence disappears
Witnesses forget details
Your legal rights expire

Even if you’re not sure whether you want to pursue a claim, talking to a New Orleans rideshare accident lawyer early can give you clarity and peace of mind. The sooner you consult with The Law Offices of John S. Williams, the easier it will be to gather fresh evidence and build a strong case.

Don’t face the insurance companies alone

After a rideshare accident, you may assume the process will be straightforward. But behind the scenes, insurance companies are already working to limit what they owe. They have teams of lawyers, trained adjusters, and strategies designed to protect profits, not people. If you try to face that alone, you’re at a serious disadvantage.

That’s why having an experienced New Orleans Uber and Lyft accident lawyer matters more than you think. The Law Offices of John S. Williams can identify all available insurance policies, document the true extent of your injuries, and push back when the other side tries to reduce your pain or lowball your claim.

We’ve seen too many people accept settlements that barely cover their expenses, simply because they didn’t know what they were truly entitled to. We won’t let that happen to you. We offer free consultations, and we work on a contingency fee basis, so you don’t pay a dime unless we win. Contact us and let’s talk about what happened, what’s at stake, and how we can help you with the next steps.