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WERE YOU INJURED IN AN UBER ACCIDENT IN New YORK CITY?
Rideshare companies like Uber and Lyft are governed by New York Vehicle and Traffic Law. Similar to other states’ laws concerning Uber and Lyft, in order to operate in New York, the companies must abide by Title 8, 44-B, Transportation Network Company Services. This law requires Uber and Lyft to purchase group ridesharing insurance in connection with being online in the Digital Network.
Our network of lawyers prosecutes Uber and Lyft cases day in and day out. Don’t take our word for it; see what our clients have to say.
WERE YOU INJURED IN AN
UBER RIDESHARE ACCIDENT?
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Can I File a Case Against Uber for a nyc Accident?
In the event of an accident while in an Uber or Lyft, your lawyer will advise you that your coverage for damages like medical expenses, wage loss, and pain and suffering will be dependent on the following rules:
During a prearranged time where the Uber driver is on the way to pick up a customer and while a customer is in the Uber vehicle:
- $1.25 million of liability insurance per covered accident pursuant to Uber’s group ridesharing insurance while connected to the Digital Network. That liability extended from when a ride is accepted on the app until the passenger is dropped off. It is important to note that this is primary coverage to any personal auto policy.
- $1.25 million of supplementary uninsured/underinsured motorist bodily injury insurance per covered accident
- New York No fault coverage
- Contingent property and comprehensive coverage if the ride share driver has insurance on their personal auto policy with a $1,000 deductible. This will only apply to a pre-arranged trip.
While the Uber app is on and the driver is waiting for a request:
- $75,000/$150,000/$25,000 of insurance between trips. During this period, Uber maintains a group ridesharing policy that provides liability coverage for bodily injury for up to $75,000 per injury per accident with a total of $150,000 per accident and $25,000 for property coverage.
- Uninsured Motorist Coverage (UM). This includes $25,000 in injury liability per person ($50,000 per accident) and $50,000 per person for death ($100,000 per accident). This is coverage for when there is a hit and run involving an Uber.
- No fault coverage. This is at a maximum of $50,0000.
Unfortunately it’s much more probable than you think to get into an accident while in an Uber, especially if you are a driver. Distracted driving during the ridesharing process is a huge problem that inherent in the product again and again caused Uber crashes in New York and nationwide.
If you were injured in an Uber accident, it’s crucial to speak to a New York Uber accident attorney as soon as you are able. It may be difficult for you to deal with Uber’s insurance company, Allstate Insurance Company, currently, to cover your past and future medical expenses and pain and suffering. The Rideshare Accident Attorneys is a network of well-respected trial lawyers that will advocate on your behalf at no cost unless we win your case. Call our New York Rideshare Accident Attorney today for your free consultation today.
What I should do after an Uber Accident in New York
Immediately call 911 for medical attention. Don’t allow another driver talk you out of calling the New York Police Department. If the accident in New York is a result of a cosmetic damage to a vehicle in a parking lot or another non-emergency, you can reach the NYPD at 311.
Having a police report is essential in your Uber personal injury case. The police report will typically include details of the car accident, including interviews, potentially recorded, and photos of the accident.
If the Uber accident is not serious, try to get the other driver’s license and insurance information, in the event that the NYPD officer doesn’t make the information available to you in his report. If you are an Uber passenger in New York, subsequent to an accident on a roadway, try to get all the insurance information from the driver.
When you are able, remain in a safe area from traffic and photograph the Uber vehicle and other vehicle(s) involved to provide information for an accident reconstruction, and collaborate your side of the Uber crash.
After dealing with the responding officer, if you were not taken by EMS to a hospital, it is important to get seen as soon as possible by a doctor if you have any symptoms of pain or discomfort. Even a feeling like a sprain or slight tension in your neck or back immediately following the accident typically culminates within the next few days to being a serious back or neck injury. Getting seen immediately by your New York physician guarantees that you will have medical records documenting the significance of your injury following an Uber accident.
Alert your personal insurance provider immediately following the Uber accident. Inform your insurer that you have been involved in an Uber accident in New York. You should hire a knowledgeable New York Uber attorney to conference in on the call; especially if you are under the influence of medication, your statement may become skewed and used against you in your future Uber lawsuit.
It may be tempting to go through the process of filing a claim with your insurer yourself, but it is better to avoid the possibility of getting a denial of benefits claimed in your Uber lawsuit by consulting with an Uber accident lawyer who has had experience in the process.
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Over
NYC Uber Laws
Uber rides in New York City are regulated by the NYC Taxi and Limousine Commission. The Commission requires commercial insurance policies for each vehicle on the roadway. Uber accidents that occur on rides that begin in New York City are covered by the required commercial policies which are maintained by the Uber driver. Outside New York City, drivers may be partnered with Uber, who are licensed and insured commercially by other legal jurisdictions.
Make sure that your Uber accident is classified properly by the agent assigned to your case so you are receiving your maximum compensation for your injuries by consulting with a knowledgable New York Uber accident lawyer.
An Uber Driver is not classified as an Employee under New York Law.
TNC drivers, otherwise Uber and Lyft drivers, are classified under New York law as independent contracts and not employees. This severely limits the potential liability of Uber and Lyft being that they are not responsible in the same way that an employer is responsible for employees actions in a typical lawsuit. However, New York law requires certain criminal and driving history background checks that, if violated, may give an injured party the opportunity to file a lawsuit against Uber.
Uber must possess special insurance to cover victims of accidents in New York
In general, New York law requires that New York Uber drivers and riders are entitled to insurance policies consisting of a minimum of $50,000 per passenger and $100,000 per occurrence when the driver is logged into the app and is receiving transportation requests. Further, a $1,000,000 minimum is in effect for each passenger trip, from the moment the trip is accepted until drop-off.
Although a $1,000,000 policy may seem generous at first glance, insurance companies will be eager to downplay your injuries and limit their liability to your Uber personal injury lawsuit. That is why it is crucial to protect your rights as a victim with a knowledgable New York Uber accident lawyer.
How to Recover after an Uber Accident in New York
In terms of recovering money if you are injured in an Uber accident, you can attempt to go about the process yourself and deal with Uber’s insurance as well as your own. Don’t! Remember, that there are many insurance pitfalls when dealing with an insurance company, as they are not in the business of handing out cash. Before you are able to recover any money from your accident in an Uber, you will have to file a claim with Uber’s insurance company by going through the prompts in Uber’s mobile interface and/or file a personal injury lawsuit against the defendant in a proper New York court.
If injured in a New York Uber accident, there are a few targets of note for your maximum recovery:
1. Your Personal Insurance Company
2. The At-Fault Driver’s Insurance Company (Uber Driver’s if at fault)
3. Uber’s Commercial Insurance Company (as required by New York law)
If you are hurt and are looking to recover a fair and adequate cash recovery from an Uber accident in New York, consult with a knowledgable Uber accident lawyer who has represented rideshare victims and had success in recovering maximum compensations for rideshare injuries.
DAMAGES AVAILABLE IN A NEW YORK UBER ACCIDENT LAWSUIT
What is the Value of an Uber Accident Lawsuit
In New York, damages for a personal injury lawsuit is depends on the facts of your injury, including the type and severity of the injuries sustained, in addition to lost wage amount. Even if you suffer soft tissue injuries, you have rights that the legal system is in place to compensate you. Other factors include permanent disability, past and future medical expense, and the level of pain and emotional suffering.
This is why our justice system is built on compensating the victim’s expenses and pain and suffering with money damages. Some damages that will help you determine the value of your Uber accident case are:
* Medical Bills
* Loss of Income, present and future
* Disability Care
* Chronic Pain
* Household Services
* Reduced earning capacity
* Loss of Enjoyment
* Loss of Consortium
* Emotional Trauma
* Disfigurement
* Property Damage
Call The Rideshare Accident Attorneys today to help you navigate your Uber accident lawsuit in New York. Our lawyers are here to speak to 24/7 to help you analyze your personal injury case to fight on your behalf.
WHAT IS YOUR LEGAL STATUS IF HURT IN AN UBER ACCIDENT IN NEW YORK?
Uber accident lawyers have become more prevalent just as Uber has become more popular in New York. In fact, Uber has become such a quite common option for intercity transportation in the United States that the term “Uber” has become, like Kleenex and Clorox, a generic term. You will overhear people in a restaurant or cafe, let’s grab an Uber. Although the rhetoric has built up Uber’s brand significantly, the legal procedures to safeguard the safety of users, both Uber drivers and passengers, in the event of an Uber accident have a ways to go in New York. Uber drivers are not professionally trained, and they are not considered taxis and limos under New York law.
Negligence involved an Uber may involved any of the following:
* The Uber driver
* The Driver of another vehicle
* Pedestrian
* Motorcyclist
* Bicyclist
* Government agency, or
* Defective Piece of Equipment
If you were injured in an Uber accident, it’s crucial to speak to a New York Uber accident attorney as soon as you can. It may be difficult for you to deal with Uber’s insurance company, Allstate Insurance, to cover your past and future medical expenses and fully compensate you for your pain and suffering with regard to your injuries in the Uber. Getting the required paperwork filled out and going through the steps of filing a case can be overwhelming. The Rideshare Accident Attorneys is a network of well-respected trial lawyers that will advocate on your behalf at no cost unless we win your case. Call our New York Rideshare Accident Attorneys today for your free consultation today.
What can I Sue for in an Uber Accident in a New York Court?
Under New York law, a party may be sued if it contributed to your Uber accident injuries. Consult a New York Uber accident lawyer to determine which causes of action may be pertinent to your accident.
- Uber Product Liability: Depending on the facts of your Uber accident, a claim may be made against Uber or the Transportation Network Provider for implementing an illegal product onto the roadways. Many Uber accidents occur because of the Uber driver failing to maintain proper lookout due to pairing with new riders for the next Uber ride.
- Uber Driver’s Negligence: You may file a lawsuit against the driver should you decide not to settle with Uber’s driver’s insurance company. You must prove liability in the Uber accident, that the driver was in fact negligent and that negligence was casually related to your injuries sustained in the Uber car.
- Manufacturer Defects: If you believe that a defect in a product, such as a tire or fault brakes, contributed to the Uber accident, you may have a valid defective product liability claim.
