Uber/Lyft Accidents Lawyer in New York
Uber/Lyft Accidents, or more commonly referred as “Rideshare Accidents,” are accidents in which people are injured physically and/or emotionally by or in taxis, and whose motor vehicles suffer damages as well. Personal injury laws relating to rideshare accidents help determine which individuals were at fault for the incident, which individuals need to pay for medical treatment, and which individuals need to pay for vehicle repairs.
Types of Injuries
Rideshare Accidents can cause numerous types of injuries, commonly including:
Head and Back Injuries
An accident can cause you to hit your head against various parts of the car – ranging from the driving wheel to windows to the dashboard – and potentially suffer from other major medical repercussions as a result of the impact; such repercussions include comas, concussions, fractures, hearing and/or vision loss, and varying degrees of brain injuries.
Back injuries can be suffered by victims of taxi accidents wherein a driver and/or passenger(s) injures their back against various parts of the car can suffer from spinal cord damage, reduced sensation in various body parts, varying degrees of paralysis, and a herniated disk.
Neck and Chest Injuries
An accident can cause you to lose control of their head and/or neck due to the impact and suffer major medical repercussions as a result of the impact; such repercussions include whiplash (most common), swelling, and even temporary vocal cord paralysis.
Chest injuries can be suffered by victims of taxi accidents wherein a driver and/or passenger(s) injures their chest area as a result of blunt force trauma; such trauma can lead to broken bones, collapsed lung(s), cardiac arrest, internal bleeding, and organ damage.
Arms, Legs, Hands, and Feet Injuries
Victims of rideshare accidents wherein a driver and/or passenger(s) injure their arms, legs, hands, and/or feet due to the impact can suffer major medical repercussions as a result of the impact; such repercussions include broken bones, severed limbs, ligament damage, scarring, emotional distress, and other psychological damage.
Common Causes of Rideshare Accidents
Uber/Lyft, and more broadly Rideshare, accidents are commonly caused by negligence, and are thus subject to negligence personal injury laws. Because the operation of motor vehicles comes with the duty to exercise reasonable care under the circumstances,” getting into a rideshare accident due to a lack of reasonable care is deemed negligent.
Rideshare personal injury claims can take the form of any of the below scenarios:
- A passenger in a rideshare vehicle was injured during a ride
- A driver of a rideshare vehicle was injured while picking up, driving, or dropping off a passenger
- A driver of another vehicle was injured in an accident with a rideshare vehicle performing ridesharing-related services
- A passenger of another vehicle was injured in an accident with a rideshare vehicle that was on its way to pick up a fare
Get started with a free consultation today by calling us at (646) 766-8308. Our experienced team is ready to help you move forward.
Insurance 101: What to Know About Rideshare Accidents
Your PIP
Typically, when you get into a car accident that does not involve a ridesharing vehicle, the #1 step to take is filing a claim against your own New York no-fault Personal Injury Protection insurance policy – referred to commonly as your PIP. Your PIP is required by law in New York to ensure that someone injured in a car accident can receive coverage for any immediate medical treatment without having to wait for a determination of fault. The great thing about your PIP is that, even if you caused the accident, it will still cover the costs associated with any physical injuries you suffered from the accident. Further, your PIP also covers the costs of injuries to any passengers, pedestrians, and/or bicyclists that were injured in the accident – to a certain extent of course. In situations where their injuries cost more than what your PIP can cover, a third-party claim will be filed by your insurance company against the at-fault driver’s liability insurance policy.
NOTE: PIP only covers costs associated with physical injuries, it does not cover costs associated with (I) property damage, (ii) certain severe injuries, (iii) emotional distress, (iv) pain and suffering, or (v) any other non-economic damages. Personal injury lawsuits are thus filed when your PIP AND the at-fault driver’s insurance will not settle for an amount that is deemed to fully cover medical expenses.
A TNC
In New York State, ridesharing companies are subject to the same laws and processes that Transportation Network Companies (TNC) are. TNCs are defined as companies that are licensed by the DMV to use a digital platform – with ridesharing companies it is typically a smartphone app – that connects and matches passengers with rideshare drivers to complete prearranged trips. In New York State, the two most prominent TNCs are Lyft and Uber.
New York Rideshare Insurance Coverage
Because insurance applies to “periods of coverage” it is important to differentiate between periods:
- Period 1 – the rideshare app is turned off – insurance coverage must come from the driver’s personal insurance policy
- Periods 2 and 3 – the rideshare app is turned on – insurance coverage is in effect from the moment that a rideshare driver is notified of a rider that they have been matched with until the moment the rideshare driver completes the ride in-person and marks it as complete on their respective app.
Lyft’s Driver Insurance Coverage
- Contingent liability – applies when the rideshare driver has turned on “driver mode” and is waiting for a ride request – Lyft’s insurance covers and protects the rideshare driver if their own insurance doesn’t
- Primary auto liability – applies from the time a ride request is accepted until the ride concludes in the app – Lyft’s insurance covers $1,000,000 per accident. This policy can also be used as an “excess policy,” meaning used in addition to commercial insurance or personal insurance that you already have that already includes coverage specific to ridesharing
- Contingent collision – Lyft’s insurance covers property damage to the rideshare vehicle from an accident in addition to the driver’s personal insurance coverage. This insurance policy applies up to the value of the vehicle or cost of repair with a $2,500 deductible
- Contingent comprehensive coverage – Lyft’s insurance covers physical damage to the vehicle from a non-collision – which can include scenarios such as vandalism or fire, amongst others – with the driver’s comprehensive coverage on their personal policy. This insurance policy applies whether or not the driver is at fault with a $2,500 deductible
- Uninsured/underinsured motorist – Lyft’s insurance covers an accident that happens once the driver has accepted a rideshare ride or is transporting a rideshare rider and the other driver is uninsured or underinsured and at fault. This insurance policy applies with no deductible
Uber’s Driver Insurance Coverage
- Third-Party Liability – applies when the rideshare driver has turned on “driver mode” and is available and/or waiting for a ride request – Uber’s insurance covers $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage
- Auto Insurance – applies when the rideshare driver is on their way to pick up a rideshare rider they have matched with and/or while the rideshare driver is currently executing a trip – Uber’s insurance covers $1,000,000 third-party liability, uninsured/underinsured motorcycle bodily injury, and contingent comprehensive and collision. This insurance policy applies up to the cash value of the car with a $1000 deductible.
New York City Rideshare Insurance Coverage
NOTE: In New York City, rideshare drivers are regulated not by the TNC Act, but rather by the Taxi & Limousine Commission – meaning they have to abide by the exact same insurance requirements and coverages as taxis.
What To Do After Being in a Rideshare Accident?
For a step-by-step guide on what exactly you should do right after you have been in a rideshare accident, read this article on our resources page: “5 Things to Do After an Accident” The only thing that changes with rideshare accidents, however, is that you should report the accident to the specific rideshare company that you are using.
For Uber, you should click on “Trip and Fare Review” and select “I was involved in an accident.” This will prompt Uber to review the information you have submitted and subsequently send you an Incident Report Form.
For Lyft, you should click on “Report an Accident.” This will prompt Lyft to immediately respond to you to garner more information.
Ki legal Personal Injury Case Results
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NYC Negligence
Successfully represented a client who got into a motor vehicle accident on a street where work was being performed, resulting in serious injuries. We were able to secure a $250,000 settlement after extensive discovery and depositions.
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Side Door Car Collision
Successfully sued a railroad company that owned a truck involved in a side door car collision. Injuries involved the hand and head.
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Meatpacking NYC Motor Vehicle Accident
Successfully represented a client who got into a motor vehicle accident in the Meatpacking District with a commercial van. Due to the driver’s negligence, we were able to secure a $150,000 settlement after depositions.
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Rear-End Car Accident
Successfully represented a driver whose car was struck in the rear by a vehicle that was following too closely in Queens, New York. The driver suffered serious personal injuries requiring multiple surgeries.
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Truck Multi-Car Collision
Successfully sued a trucking company that owned a truck involved in a multiple-car collision. Injuries involved the back and head.
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Minor Child Car Accident
Successfully represented a minor passenger child of a car accident crash in Brooklyn, New York who suffered severe back and neck injuries due to a crash caused by a drunk driver that struck the car the minor child was traveling in.