We rely on transportation nearly every day. While public transportation is nearly everywhere in New York City, it is not always readily available or accessible, or it might be uncomfortable for some. Uber and Lyft are popular rideshare services in Bayside, and numerous people use them regularly. Unfortunately, like any vehicle on the ride, an Uber or Lyft vehicle might be in a crash, and riders and others might be hurt.
While New York law requires that injured drivers file claims with their own no-fault insurance policies, many Bayside residents do not drive and do not have insurance. In such a case, Lyft or Uber should have insurance. If this is not available or does not work out, you might sue, depending on the extent of your injuries. In your case, we might name the negligent driver who caused the crash or other drivers, but Lyft and Uber are usually off-limits. However you choose to pursue compensation, significant damages might be on the line, and a lawyer can help you.
Get a private case evaluation for no charge by calling (718) 841-0083 and speaking to our Queens, NY Uber and Lyft accident attorneys at The Carrion Law Firm.
How to Get Financial Compensation for an Uber or Lyft Accident in Bayside
There is more than one way to get the compensation you need, and it is important that you review all your options with our Uber and Lyft accident lawyers before you make a final decision. Since New York law imposes strict rules regarding no-fault auto insurance, you might have to file an insurance claim to get what you need. Under certain circumstances, you might instead be able to file a personal injury lawsuit.
Insurance Options
Car accidents and insurance tend to go hand-in-hand. Drivers are legally required to have auto insurance, and drivers who carry passengers for a living often need even greater insurance. If you have auto insurance, you may file a claim with your own personal injury protection (PIP) policy, as detailed below. However, you might file a claim with insurance through Lyft or Uber.
Rideshare drivers are covered by insurance through Lyft and Uber, and the level of coverage provided depends on the specific circumstances of the accident. If the rideshare driver had their driving app on their phone turned off, they are considered off-duty, and no coverage is available. If the driver has the app on and is available for rides, there may be coverage up to $50,000 per person for injuries, $100,000 per accident for injuries, and $25,000 for property damage. Finally, if the driver is en route to a passenger or has already picked them up, there may be at least $1 million in coverage.
Personal Injury Lawsuit
No-fault insurance requirements under I.S.C. Law § 5104(a) restrict a person’s ability to sue after a car accident in New York. Generally, injured drivers must file claims with their own insurance that should cover them regardless of fault. If you were riding in an Uber or Lyft or driving your car when the accident happened, and you have auto insurance, you might have to file a claim with your insurance provider to get compensation. However, there are ways around this rule.
If a person experiences a “serious injury,” they may step outside New York’s strict no-fault insurance laws and file a personal injury case. According to § 5102(d), a serious injury may include fractures, loss of a fetus, death, disfigurement, loss or limitation of bodily functions, systems, or organs, or a medically diagnosed, non-permanent injury that prevents you from going about your normal daily activities for at least 90 days out of the 180 days following the crash.
If you meet the legal criteria to file a lawsuit or you do not carry auto insurance because you do not drive, we must file your case within the time limit set by the statute of limitations under C.V.P. Law § 214. You have only 3 years from the accident to file your case, and the clock might already be ticking.
Who You Can Sue for Damages After a Lyft or Uber Accident in Bayside
Deciding who to include in a case for an Uber or Lyft accident is not always a clear-cut decision. Many accidents are complicated, and it might be unclear who is to blame until after the authorities investigate. If you are unsure who is to blame, consider the behavior of the Uber or Lyft driver and possibly other drivers. The rideshare companies themselves are usually shielded from liability and cannot be sued.
The Rideshare Driver
Perhaps the driver of the Lyft or Uber vehicle was negligent on the road, causing the crash and your injuries. This is not an uncommon problem, as rideshare drivers are often in a hurry to complete as many trips as possible. The more passengers a driver can pick up and drop off, the more money they earn. As such, drivers often speed or drive recklessly to reach their destinations faster. Unfortunately, this is a perfect recipe for a car accident.
Another possibility is that your driver was just too tired. Many people turn to rideshare services to earn extra money, but some treat it almost like a full-time job. Many drivers are tired after hours of driving and picking up passengers, and they might doze off or lose focus, leading to a bad accident.
Other Drivers
We should also examine the behavior of other drivers involved in the collision. It is possible that the Uber or Lyft driver did nothing wrong and someone else caused the crash. Alternatively, more than one driver might be to blame, and we can file claims against multiple people. Perhaps another driver cut off the Uber or Lyft driver, leading to the accident. Maybe the rideshare driver was speeding, so they are not blameless. Anything is possible, and your attorney can assist you.
Uber and Lyft
Although it might be tempting to go after the rideshare companies themselves, they are usually shielded from liability. This is because Lyft and Uber do not hire drivers as employees. Instead, drivers are considered independent contractors, and they usually control when and how often they work. While an employer may be vicariously liable for an employee’s negligence, Uber and Lyft drivers are not employees, and suing the companies is usually futile. Even so, the legal landscape around this issue is always changing and is worth discussing with your attorney.
Reach Out to Our Bayside Uber and Lyft Accident Attorneys
Get a private case evaluation for no charge by calling (718) 841-0083 and speaking to our Uber and Lyft accident attorneys at The Carrion Law Firm.