§ 45:201.5 — Agreements; mandatory disclosures; prohibited provision; choice of law and forum

Louisiana § 45:201.5

• Jurisdiction: Louisiana
• Title 45: Public Utilities and Carriers

Text

§201.5. Agreements; mandatory disclosures; prohibited provision; choice of law and forum
A. The transportation network company shall disclose the following in writing to
each transportation network company driver before he is initially allowed to accept a request
for a prearranged ride on the transportation network company's digital network:
(1) The insurance coverage, including the types of coverage and the limits for each
coverage provided and any liability coverages rejected, which the transportation network
company provides while the transportation network company driver uses a personal vehicle
in connection with a transportation network company's digital network.
(2) That the transportation network company driver's own automobile insurance
policy may or may not provide any coverage while the driver is logged on to the
transportation network company's digital network during the pre-trip acceptance period or
is engaged in a prearranged ride, depending on its terms.
B. To the extent that any agreement between a transportation network company and
a driver or rider, or between a driver and a rider addresses liability, any provision that, in
advance, excludes or limits the liability of one party for causing bodily injury to the other
party is null.
C. Jurisdiction for any bodily injury or property damage claims resulting from the
negligence or fault of a transportation network driver during a prearranged ride, or the offer
or acceptance thereof, shall be exclusively conducted in a court of competent jurisdiction in
the state of Louisiana, with all choice of law conflicts resolved in accordance with Louisiana
law with respect to bodily injury or property damage claims. Nothing in this Section shall
prohibit any transportation network company, transportation network company driver, and
transportation network company rider from agreeing, by contract, to submit any contractual
or other disputes to arbitration.

Legislative History

Acts 2015, No. 266, §1, eff. Jan. 1, 2016; Acts 2021, No. 300, §1.