The emergence of Uber and Lyft ridesharing services has altered the transit patterns in New York City. While convenience is offered with ridesharing, complications arise if one is involved in an accident. If you are in a crash sitting in a rideshare or hit by a rideshare vehicle, the matter of your rights and how you potentially seek recompense may become an exasperating judicial maze.
At NYLawnet, it is our priority to unravel such complexities. Here’s what you need to understand about the legal landscape of Uber and Lyft accident claims in New York.
Understanding Rideshare Insurance Tiers
Uber and Lyft drivers are classified as independent contractors, not employees. However, both companies provide insurance coverage in tiers depending upon the status of the driver at the time of the accident:
- App Off: If the driver is not logged into the Uber application, then his/her personal insurance applies.
- App On, No Passenger: The driver may receive limited liability coverage from Uber/Lyft when waiting for a ride request (generally $50,000 per person, $100,000 per accident for injuries, and $25,000 for property damage).
- Passenger On Board or En Route: Uber/Lyft offers up to $1 million in liability coverage and property damage, as well as uninsured and underinsured motorist protection.
Determining which liability tier applies, and whether an offsetting coverage is to be applied, is the first theoretical hurdle.
Who’s Liable?
Determination of fault in a rideshare accident does not always come about very easily. The alleged tortfeasors are:
- The rideshare driver
- Another negligent driver?
- Uber or Lyft (in some situations)
- Municipality or third party (where road defects are concerned)
An experienced lawyer will probe into the facts, collect witness testimony, and consult with accident reconstruction experts to determine liability.
Challenges of Filing a Claim
Unlike your everyday motor vehicle accident, an Uber/Lyft claim necessarily involves multiple insurance companies, all with legal departments intent on limiting payouts. Typical challenges faced by the injured include:
- Disputes about whether the driver was “on the clock“
- Delays in acquiring the police report, getting app data
- Low settlement offers
- Disputes about which insurance policy is primary
Taking this on alone may very well ensure a denied claim, or insufficient compensation.
Legal Representation Is a Must
The trick to extracting maximum compensation for yourself is to gain the services of an attorney specializing in personal injury law and with an in-depth understanding of New York’s ridesharing and insurance laws. Our personal injury attorneys at NYLawnet will provide:
- Full case evaluation for every client
- Aggressive representation against insurer
- Access to medical experts and investigators
- No fees unless we win your case
You have rights whether you are a passenger, a pedestrian, maybe a cyclist, or a fellow driver-they need to be protected.
Take Action Today
If you have been involved in an accident with an Uber or Lyft, never delay. Crucial evidence disappears with time; deadlines may be strictly enforced (for example, New York’s statute of limitations). Contact NYLawnet today for a free consultation and let us lead you through the legal maze, freeing you to get well.
