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From Collision to Compensation: Uber and Lyft’s Post-Accident Support

If you or your loved one experienced an injury in a New York Uber or Lyft accident, you may be eligible for compensation. Uber and Lyft offer insurance coverage of up to $1 million, ensuring protection for medical bills, vehicle repair costs, and emotional distress resulting from accidents. It’s your right to seek compensation for losses caused by someone else’s negligence.

To understand your eligibility and initiate your claim promptly, reach out to the Uptown Uber or Lyft accident lawyer. We will guide you through the process and help you take the necessary steps to secure the compensation you deserve.

Photo accident involving many cars on the road

Understanding the Insurance Coverage Support After a Rideshare Accident

Handling the aftermath of a rideshare accident in New York involves understanding the distinct phases of insurance coverage provided by companies like Uber and Lyft. The insurance system is divided into three phases, each with specific coverage details.

Phase 1: Personal Insurance Coverage

In Phase 1, when you, as a rideshare driver, are logged into the app but haven’t accepted a ride request, your personal insurance policy comes into play. During this phase, coverage is limited to your own liability and property damage, and the rideshare company’s insurance is not yet in effect.

It’s essential to be aware of the minimum liability insurance requirements mandated in New York during Phase 1, which are as follows:

  • $25,000 for one person in any one accident (not resulting in death)
  • $50,000 for one person resulting in death in one accident
  • $50,000 for injury (not resulting in death) of two or more persons in any one accident
  • $100,000 for injury resulting in the death of two or more persons in one accident
  • $10,000 for injury or damage to property of others in one accident

If you get into an accident during Phase 1 in New York, your personal insurance coverage will apply based on the above minimum liability limits. Make sure that your personal insurance policy meets or exceeds these requirements to fulfill legal obligations and adequately protect yourself in case of a car accident.

Phase 2: Limited Rideshare Insurance

Once you accept a ride request and are on the way to pick up the passenger or have the passenger in the car, Phase 2 begins. During this phase, it’s crucial to note that your personal auto insurance policy won’t cover you in the event of an accident because you are driving for commercial purposes.

However, Uber and Lyft step in to provide limited insurance coverage, particularly if you don’t carry commercial insurance. The provided coverages during Phase 2 include:

  • $75,000 for your liability for bodily injury per person
  • $150,000 per covered accident for bodily injury
  • $25,000 per accident for property damage for which you are responsible
  • $25,000 Uninsured/Underinsured Motorist Protection
  • As state law requires, personal Injury Protection (PIP) covers $50,000 per accident Upstate and $200,000 in New York City.

It’s important to keep in mind that Uber or Lyft provides no collision coverage during Phase 2. Therefore, any damage sustained by your vehicle during this period will need to be covered out of your pocket.

Phase 3: Substantial Rideshare Insurance

In Phase 3, when you’ve accepted a ride and the passenger is in the vehicle, Uber and Lyft provide substantial insurance coverage, as mandated by law. The coverages during Phase 3 include:

  • $1,250,000.00 coverage for bodily injuries extends to you, your passengers, pedestrians, individuals in other auto vehicles, and property damage.
  • $1,250,000.00 bodily injury coverage for you and your passengers, protecting against uninsured/underinsured motorists.
  • Additional coverage up to the value of your vehicle if you already have comprehensive and collision coverage, with a $2,500.00 deductible.

During Phase 2 and 3, your personal insurance won’t cover emergency roadside assistance or rental car reimbursementif these are part of your policy.

It’s advisable to consult with a knowledgeable accident attorney to navigate the complexities of the insurance processand ensure that all applicable coverages are leveraged for compensation in the event of injuries or damages.

How Common Is the Usage of Rideshare Services?

Using rideshare services is incredibly common nowadays. Uber and Lyft, the top ridesharing apps in the U.S., each provide hundreds of millions of rides annually. Globally, the ridesharing market is valued at $95.09 billion in 2022, and it’s estimated to hit $185.1 billion by 2026.

In the U.S., 36% of Americans have used ridesharing apps, more than twice the number from 2015. Back then, 33% of the U.S. population hadn’t even heard of ridesharing, but now, in 2021, that unfamiliarity has dropped to only 3%.

Breaking it down further, Uber holds a significant 71% share of sales in the U.S. rideshare market, while Lyft claims the remaining 29%. Monthly, 26% of ridesharing app users rely on these services for their regular commute.

A noteworthy shift has occurred in the contribution of ridesharing to vehicle miles traveled (VMT) across the U.S. In 2016, ridesharing made up just 1% of VMT, but now, in 2023, Uber and Lyft are responsible for a substantial 6%, marking a remarkable fivefold increase in just five years. This underlines rideshare services’ growing impact and prevalence in our daily transportation habits.

Who Will Be Responsible for Covering My Uber and Lyft Accident?

Collision and comprehensive coverage

If you find yourself in an accident involving Uber or Lyft, whether you’re a passenger or another party, the responsibility often falls on the driver involved in the accident. Their insurance policy is the primary source of compensation.

However, the at-fault driver’s own insurance may not be sufficient to cover your injuries fully. In such cases, victims often seek to hold the rideshare companies, Uber and Lyft, accountable for the negligent actions of their drivers.

Despite both companies classifying their drivers as “independent contractors,” they are generally obligated to maintain a minimum liability insurance coverage for each driver, as mandated by New York State laws governing ridesharing. The status of the rideshare driver at the time of the accident—whether they were logged into the app, the trip had not started, or they had accepted a ride—determines the applicable insurance coverage.

New York City introduced an additional layer of regulation, where drivers for ridesharing companies must also carry commercial auto insurance as specified by the Taxi and Limousine Commission (TLC). This dual requirement ensures a higher level of coverage for potential accidents.

Moreover, regarding liability, New York’s comparative negligence rules state that responsibility may be attributed to multiple parties contributing to the accident. This includes not only Uber and Lyft drivers but also:

  • Other motorists
  • Cyclists
  • Pedestrians
  • Transit companies
  • Government entities
  • Manufacturers or sellers of defective products that contributed to the accident

Post Accident Protocol: Immediate Steps to Take After an Uber or Lyft Collision

After an Uber or Lyft collision, prioritize safety by checking for injuries and moving to a safe location. Exchange contact and insurance details with the rideshare driver and document the scene with photos.

Here is a quick guide on the immediate steps to take:

Prioritize Safety

  • Assess the situation for injuries and, if necessary, call emergency services 911 immediately.
  • Move to a safe location away from traffic to avoid further harm.

Exchange Information

  • Share contact information, insurance details, and vehicle information with the rideshare driver and other parties involved.
  • Specifically, note the Uber or Lyft driver’s name, license plate number, and contact details.

Document the Scene

  • Capture the accident scene through photographs, focusing on vehicle damage, skid marks, and relevant road signs.
  • Take screenshots of your ride details in the app, including the driver’s information and the trip status.

Seek Witness Information

Report to Authorities

Notify Rideshare Company

  • Reach out to Uber or Lyft promptly to report the accident. Provide comprehensive details and document the support ticket number for reference.

Seek Medical Attention

  • Even if injuries seem minor, seek immediate medical attention. Some injuries may not be immediately apparent but could surface later.

Consult Legal Advice

  • Consider consulting a personal injury attorney with experience in rideshare accidents. They can help you understand your rights and potential avenues for compensation.

Avoid Settlement Talks

  • Refrain from discussing fault or agreeing to settlements without consulting legal counsel. Any premature agreements may jeopardize your potential claims.

By diligently following these detailed steps, you can ensure your safety, gather essential evidence, and establish a solid foundation for any potential claims or legal actions arising from an Uber or Lyft collision.

Is Filing a Lawsuit Against Uber and Lyft Possible?

Filing a lawsuit against Uber and Lyft is possible but comes with certain complexities. The rarity of such lawsuits is often attributed to the classification of rideshare drivers as independent contractors rather than employees. This classification can present challenges in holding the rideshare companies directly liable for the actions of their drivers.

However, there are situations where legal action may be warranted. For example, if an Uber or Lyft driver has a history of serious traffic offenses, such as reckless or drunk driving, and the rideshare company knows about it but fails to take appropriate action, this could be grounds for a lawsuit.

Negligent hiring, evidenced by the failure to conduct proper background checks, may be cited as a basis for holding the rideshare company accountable. Additionally, accidents involving defective equipment or a breach of duty of care may also warrant legal action.

To assess the viability of a lawsuit against Uber or Lyft, consulting with a personal injury attorney with expertise in rideshare cases is crucial. They can evaluate the specifics of your situation, explore potential avenues for legal action, and guide you through the complexities associated with holding rideshare companies accountable for their drivers’ actions.

What Is the Deadline to Sue the Rideshare Company in New York?

The deadline to sue a rideshare company in New York is subject to the statute of limitations for personal injury cases, which typically is three years from the date of the incident. This means that if you’ve been involved in an accident with a rideshare vehicle and intend to file a lawsuit against the company for damages, you generally have three years from the accident date to initiate legal proceedings.

However, it’s crucial to be aware that legal timeframes can vary, and exceptions may apply based on the specific circumstances of your case. To ensure compliance with the appropriate statute of limitations and understand potential exceptions, it is highly recommended to discuss with a car accident lawyer in New York.

How Can a Rideshare Lawyer Help You After an Uber/Lyft Accident?

A rideshare lawyer is instrumental in guiding you through the complexities after an Uber or Lyft accident. Firstly, they offer expert guidance tailored to the specific laws and regulations governing rideshare incidents. Moreover, these legal professionals play a pivotal role in thoroughly investigating and gathering evidence, including witness statements and accident reports, to build a compelling case on your behalf.

Determining liability in rideshare accidents, where multiple parties may share responsibility, requires a nuanced approach. A rideshare lawyer carefully assesses the details of the accident, identifying responsible parties and navigating through legal intricacies to build a case that stands up to scrutiny.

When it comes to handling insurance companies, a rideshare lawyer serves as a crucial intermediary. They skillfully manage communications with insurance companies on your behalf, utilizing their negotiation skills to secure a fair settlement. This settlement aims to adequately compensate you for various aspects, including medical expenses, property damage, lost wages, and pain and suffering.

If negotiations fall short and a fair settlement cannot be reached, a rideshare lawyer is ready to transition seamlessly into representing your interests in court. With their legal knowledge and courtroom experience, they can present a compelling case, advocate for your rights, and pursue the fair compensation you rightfully deserve.

Whether you’re a passenger, pedestrian, or another auto vehicle driver involved in a rideshare car accident, a rideshare lawyer becomes an invaluable ally. Their role plays a crucial part in navigating the intricate legal and insurance processes associated with rideshare accident cases, ensuring your rights remain protected throughout the entire legal journey.

Contact Uptown Injury Uber and Lyft Accident Lawyers in New York

Facing the aftermath of an Uber or Lyft accident in New York can be daunting, especially when dealing with insurance companies that often employ tactics to minimize or deny claims. In such situations, having an experienced lawyer becomes crucial to navigating your case’s complexities.

At Uptown Injury Law, PLLC, we have been relentlessly advocating for personal injury accident victims throughout the Bronx, Manhattan, Brooklyn, Queens, and the New York City Metro Area for over 15 years.

Here’s how our team at Uptown Injury Law can assist you:

  • No Fee Unless You Win: We operate on a contingency fee basis, ensuring you only pay if we secure compensation.
  • Free Case Evaluations: We offer free consultations to assess your case merits and provide you with informed legal advice.
  • Dedicated Legal Team: Our team is committed to making sure that insurance adjusters do not take advantage of you. We don’t settle until you receive fair compensation for your injuries and damages.
  • Navigating New York’s Shared Fault Rule: Ridesharing accidents often involve shared fault situations. Our lawyers understand New York’s legal system and can help establish liability and secure fair compensation.

Contact us online or call our office toll-free at 917-540-8728. Our team is ready to stand by you, offering personalized legal support to secure the compensation you rightfully deserve.

FAQ’s

What to Do After an Uber or Lyft  Driver Injures You?

If an Uber or Lyft driver injures you, immediately prioritize your safety by moving to a secure location. Next, exchange contact information with the driver and gather eyewitness accounts for evidence. Also, report the incident to the rideshare company and seek prompt medical attention.

What Do I Do if an Uber or Lyft Driver Hits My Car?

If an Uber or Lyft hits your car and causes injuries, you may seek compensation from different sources. Your PIP policy, offering No-Fault Insurance coverage, may apply first. Depending on the situation, you could also file a claim with the rideshare company’s insurance or the driver’s personal liability insurance.

What Are Some Common Causes of Rideshare Car Accidents in New York?

Rideshare car accidents in NY can stem from various factors. Common causes include distracted driving, such as messaging or app usage, speeding, and failure to obey traffic rules. Furthermore, issues like driver fatigue and inadequate vehicle maintenance increase the risk of accidents.

What Makes a Rideshare Accident Different From a Regular Motor Vehicle Accident?

A rideshare accident differs from a regular motor vehicle accident in several ways. Firstly, the complex nature of determining liability involves multiple parties, such as the rideshare driver, the rideshare company, and other drivers. Moreover, insurance claims may face unique challenges due to the shared-fault scenarios often present in rideshare accidents.

Do Uber and Lyft Drivers in New York Need to Have Special Insurance?

Yes, in New York, Uber and Lyft mandate drivers to carry special commercial insurance, especially in NYC. This includes a minimum of $100,000 for bodily injury liability per person and up to $300,000 for the entire accident. Plus, there is a requirement for at least $10,000 in property damage coverage per accident.

What Leads Insurance Companies to Deny Claims From Rideshare Drivers?

Insurance companies deny rideshare drivers’ claims because personal auto insurance policies exclude coverage for commercial purposes like ridesharing. This limitation creates a coverage gap, leading to claim denials when accidents occur during rideshare trips.

What Type of Compensation Can I Get Following an Accident With an Uber or Lyft?

After an accident with Uber or Lyft, you may qualify for compensation covering various damages. This includes reimbursement for medical expenses, property damage, lost wages, and pain and suffering.

How Much Does It Cost to Hire a Rideshare Accident Attorney?

The cost of hiring a rideshare attorney varies, typically working on a contingency fee basis. This means the attorney only gets a fee if they secure compensation for you. The fee is a percentage of the settlement, usually ranging from 33% to 40%. This arrangement ensures accessibility to legal representation without upfront costs, allowing you to pursue your case without financial burden.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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