What Damages Can I Claim in an Uber/Lyft Accident in New York?
In the bustling streets of New York, ride-sharing services like Uber or Lyft have become a convenient and affordable mode of transportation. However, accidents can still happen, and if you find yourself injured in an Uber or Lyft accident in New York, you may wonder what damages you can claim.
You can claim for hospital bills, the cost of your pain, medication expenses, lost wages, and even emotional trauma. That is why, understanding the damages in an Uber or Lyft accident is important to navigate the legal process effectively and seek appropriate compensation.
Common Causes of Uber/Lyft Accidents
Uber or Lyft ride-hailing services have significantly changed how people travel in New York City. However, it’s essential to know the common causes of accidents involving Uber/Lyft to ensure the safety of passengers and drivers.
Here are some common causes of Uber or Lyft accidents in NYC:
- Distracted driving
- Reckless driving
- Vehicle maintenance issues
- Inadequate training
- Intoxicated driving
- Pedestrian and cyclist accidents
- Adverse weather conditions
- Road hazards and construction zones
What to Do if I Get Into an Uber or Lyft Accident In New York?
If you happen to be in an Uber or Lyft car accident in New York City, it is crucial to take immediate action to ensure your safety and protect your legal rights. Here are some preventive measures you must follow:
Ensure Your Safety
First and foremost, check yourself and others involved in the car accident for any injuries. If there are serious injuries, seek immediate medical assistance.
Contact the Police
Call police and inform them about the accident, even if the injuries appear minor. This is because, having an official police report can be helpful when filing for insurance claims or legal proceedings in the future.
Collect essential details from the accident scene, including the names, contact information, and insurance details of all parties involved, including the Uber or Lyft driver. Also, note down the license plate numbers and models of the vehicles involved.
Document the Scene
Taking photographs or videos of the accident scene is essential to ensure you have the necessary evidence for insurance coverage or legal proceedings. Capture images of the damaged vehicles, skid marks, traffic signs, and other important details. Such visual evidence can play a crucial role in supporting your case.
If witnesses are present, note their names, contact information, and record statements. Their statements can prove valuable in determining fault and strengthening your case. This way, you enhance the evidentiary support for your claim and increase the likelihood of a favorable outcome.
Report the Accident to the Uber/Lyft Company
Contact Uber or Lyft company to report the car accident. They have specific procedures in place for handling accidents involving their drivers. Inform them about the incident and provide them with the necessary details.
Additional Safety Measures to Remember
Furthermore, there are several additional important safety measures to consider if you are involved in an Uber/Lyft accident, such as:
- Even if you don’t feel immediate pain or notice any injuries, seeking medical attention as soon as possible is important. Some injuries might not be immediately noticeable, but having medical documentation early on will be essential for your claim.
- Contact a personal injury attorney specializing in handling Uber or Lyft ride accidents. A personal injury attorney can provide guidance, protect your rights, and assist you in navigating the legal process.
- Inform your car insurance company about the accident, regardless of whether you are a passenger or one of the drivers involved. The insurance company can also guide you through the process and determine if any coverage is applicable.
- Keep records of all accident-related documents, such as medical reports, repair estimates, and correspondence with Uber or Lyft insurance companies and healthcare providers.
Who Is Responsible if I Am Injured in an Uber/Lyft Accident?
Determining who is responsible for injuries in an Uber/Lyft accident in NYC depends on several parties, such as:
- The Uber driver
- Uber/Lyft as rideshare companies
- Other negligent individuals who are involved in the accident
If the actions of the Uber driver caused the accident, they could be held responsible. Furthermore, Uber or Lyft companies may share liability if the driver worked for them during the accident. To better understand these liabilities, you must consider your role in the accident, such as whether you were a driver, passenger, or pedestrian.
Let’s explore different scenarios to illustrate these situations.
An Uber or Lyft Driver Struck You: If a rideshare driver is at fault for the accident and you sustained severe injuries, you can file a claim against the insurance companies of both the driver and the rideshare company.
You Are a Rideshare Passenger Using Uber or Lyft: You have some options to consider if you are injured while riding in an Uber or Lyft. If the accident happens by the Uber or Lyft driver, you must file a claim with Uber or Lyft. However, if the accident is the fault of another driver, you need to file a claim with that driver’s insurance coverage.
Someone Struck You While You Were Driving for an Uber or Lyft Company: If you drive for Uber or Lyft and get injured in a car accident, you might have a claim against the driver responsible for the crash. Ride-sharing companies provide rider injury protection coverage for medical expenses and temporary disability. These coverage plans may even apply if you are at fault for the accident, as long as they are available.
Navigating Liability Coverage and Phases in Uber/Lyft Accidents
If an Uber or Lyft driver gets into an accident, the companies may avoid taking liability based on different factors and the driver’s activities. Understanding the different phases of ride-sharing accidents and the related insurance coverage is important to know what applies.
When the driver’s app is off, and they are not actively looking for passengers or giving rides, Uber or Lyft companies might argue that they are not liable for any accidents during this time. Thus, the driver’s car insurance is the primary coverage in such cases.
App On, No Passenger
If the driver has their app on but has yet to accept a ride request or is on their way to pick up a passenger, Uber or Lyft, generally provide limited liability coverage. However, the driver’s car or auto insurance may still be involved, depending on the specific policy terms.
Passengers on Board
When the Uber or Lyft driver accepts a ride request and has passengers in the car, Uber or Lyft typically offers higher liability coverage. In most cases, their insurance coverage would be the primary source of coverage for accidents during this phase.
However, Uber or Lyft may deny liability or limit their responsibility by arguing that the driver wasn’t actively providing services or disputing coverage based on their terms and conditions.
Therefore, consulting with an Uber/Lyft accident lawyer is essential to navigate these complexities. An attorney will review the applicable insurance policies and advocate for your rights, ensuring you receive fair compensation for your injuries and losses.
Compensation for Uber/Lyft Accidents in New York
In a rideshare accident in New York, you may be eligible to claim various types of damages, depending on the specific circumstances of your accident and the extent of your injuries. Below are some common types of damages you can potentially claim:
You can claim and seek compensation for medical expenses related to your injuries, including:
- Hospital bills
- Future medical costs resulting from the accident
If your injuries prevent you from working, you may be entitled to claim and seek compensation related to your lost wages. This includes:
- Your lost income and any potential future loss of earnings.
- The wages you missed during your recovery period.
- Any reduction in your earning capacity due to long-term or permanent injuries.
Pain and Suffering
Damages for pain and suffering are meant to claim and compensate you for the physical and emotional distress caused by the ridesharing accident and your injuries, such as:
- Mental anguish
- Loss of enjoyment of life you have experienced
If your property, such as your vehicle or personal belongings, gets damaged in the accident. In that case, you can claim and seek compensation for:
- The repair cost of the property damage
- The fair market value of the property damage
Disability and Disfigurement
If the accident caused a permanent disability, impairment, or disfigurement. In that case, you may be eligible for additional claims and compensation such as:
- The long-term impact on your quality of life
- Decreased daily activities
- Loss of future earning potential
In cases where a loved one has suffered a fatal injury in a rideshare accident, family members can seek compensation for various damages. These damages may include:
- Funeral expenses
- Loss of financial support
- Emotional pain and suffering
Claiming or pursuing compensation for these damages can provide financial stability and a sense of justice during difficult times. It’s important to note that the types and amount of damages you can claim may vary based on the circumstances of your case and the laws in New York.
Therefore, consulting with an Uber/Lyft accident lawyer in New York is highly recommended to ensure you understand your rights and maximize your compensation.
Contact Uptown Injury To Claim Uber Or Lyft Accidents in New York
If you’ve been involved in an Uber or Lyft accident in New York and need legal assistance, consult Uptown Injury today! Our team of experienced car accident lawyers will fight for your rights and help you secure the compensation you deserve.
Don’t face the complexities of your case alone. Take a proactive step today and contact us or call our office toll-free at 855-233-8728 for a FREE consultation. Let us guide you through the legal process while you focus on your recovery.
What Are the Liability Coverage Requirements for Uber or Lyft Companies in New York State?
New York State mandates that transportation network companies (TNCs) like Uber or Lyft must maintain specific liability coverage. This coverage amount is $1.25 million and applies when the rideshare driver has passengers. The exact amount of coverage for uninsured and underinsured incidents is also mandated during these times. These requirements aim to provide protection and financial security for passengers and others involved in rideshare accidents.
What Is the Uber/Lyft Accident Lawsuit?
Drivers or passengers typically initiate the Uber/Lyft accident lawsuit, which encompasses a range of legal actions filed against Uber or Lyft. These lawsuits include a wide range of allegations addressing various issues, such as:
1. The misclassification of drivers
2. Safety issues
3. Wage disputes
4. Violations of local regulations
Consequently, the lawsuits aim to address these matters and seek legal compensation for the affected parties.
What Steps Should You Take if You Get Into an Accident With Uber or Lyft?
If you are involved in an accident with Uber or Lyft, there are specific steps you should take to ensure your safety and handle the situation, such as:
1. Move to a safe location away from any potential hazards
2. Check for injuries
3. Seek immediate medical attention, even if the injuries are minor
4. Call the Police
5. Gather information
6. Takes photos
7. Report the accident to Uber/Lyft companies
8. Contact your insurance company
What Are New York’s No-Fault Insurance Rules?
New York has a no-fault insurance rule for car accidents. It requires vehicle owners to carry Personal Injury Protection (PIP) coverage which covers medical expenses, lost wages, and other necessary expenses resulting from injuries sustained in a car accident.
Furthermore, this coverage applies regardless of who is at fault in the car accident. In such cases, it is essential to consult with an Uber/lyft accident lawyer to understand your rights and seek appropriate compensation.