Can You Sue Uber or Lyft If You Were Hit While Walking in New York City?
It doesn’t always make sense to own a car in a place like New York City. Plenty of New Yorkers get around by public transportation, cabs, or on foot. These pedestrians are sometimes struck by vehicles, leaving them seriously injured. When pedestrians are hit by Uber or Lyft cars, they might be unsure whether they can sue.
After being hit by an Uber or Lyft while walking in New York City, you can take legal action to get compensation. However, you cannot sue Uber or Lyft directly. Instead, you can sue the driver of the vehicle that hit you or pursue an insurance claim. Even though you cannot sue Uber or Lyft, you might still be covered by their insurance.
If you were hit by a Lyft or Uber while walking in New York City, our New York City Lyft and Uber accident attorneys can help you get compensation for your injuries. Speak to our team at The Carrion Law Firm about a free review of your case. Call us at (718) 841-0083.
Filing a Lawsuit After Getting Hit by an Uber or Lyft While Walking in New York City
While filing a lawsuit after being hit by an Uber or Lyft as a pedestrian is possible, you cannot sue the ridesharing companies themselves. This odd rule has to do with the relationship between the ridesharing companies and their drivers. However, a lawsuit might still be possible in your case against a different defendant, and our Brooklyn Uber and Lyft accident attorneys can help you get the process started.
Normally, an employer can be held liable for their employees’ negligent actions as long as those actions were within their scope of employment. Contrary to what you might think, an Uber or Lyft driver is technically not considered an employee of those companies. This blocks you from suing the company for the driver’s mistakes, but it doesn’t block you from suing the driver directly.
Who Can I Sue After Getting Hit by an Uber or Lyft While Walking in New York City?
It is not always clear whom you can sue after being hit by an Uber or Lyft vehicle in New York City. On the one hand, people often want to blame the Uber or Lyft driver. On the other hand, there might be numerous other factors you are unaware of that played a role in the accident. Some of these factors might have been outside the Uber or Lyft driver’s control.
Although every case is different, the Uber or Lyft driver in your case might share responsibility for the accident. In some cases, they are solely to blame. When you sue the driver, insurance may cover the costs of your damages. Uber and Lyft drivers are required to have their own insurance and Uber and Lyft provide additional insurance policies to cover these accidents.
Suppose other factors played a role in the accident, and perhaps the Uber or Lyft driver is not at fault or only shares responsibility with another party. In that case, you can sue all responsible parties. The identities of these parties will vary from case to case. For example, perhaps the Uber or Lyft driver stopped so you could cross the street, but then they were rear-ended by another vehicle, pushing them to hit you in the crosswalk. In that case, you can sue the driver of the second vehicle. It can be challenging to figure out which parties in an accident are responsible for causing it, but our NYC car accident lawyers have experience handling these cases, and we can assist you.
Perhaps the Uber or Lyft driver that hit you had an unruly passenger that caused the driver to swerve off the road and onto the sidewalk. In this case, you might also want to name the passenger as a defendant in your lawsuit. Depending on how the driver acted in that situation, they can also share liability. Alternatively, if the driver did everything they reasonably could to stop their unruly passenger, the driver can act as a witness in your favor.
Does Uber or Lyft’s Insurance Cover Pedestrians Hit in New York City?
Uber and Lyft have insurance policies that might cover your damages. However, the amount of coverage may change depending on the specific details of your case.
Uber and Lyft both have insurance to cover people injured in accidents with their drivers. If the driver that hit you had their app turned on waiting to accept a ride, their policy would cover up to $50,000 in damages. If the driver had their app turned on and had already accepted a ride or had a passenger in the car, the policy would increase to $1,000,000 in coverage.
Unfortunately, if the Uber or Lyft driver in your case had the app turned off for some reason, they are considered off duty for insurance purposes. This means they are essentially on their own personal time, and insurance from Uber or Lyft will not cover an accident. In such a case, you might need our Long Island car accident attorneys to help you file a claim against them and their personal insurance policy.
Whether you should sue the Uber or Lyft driver or pursue an insurance claim is a tough call for many injured victims. There are also so many insurance policies at play, and it might not be clear which policy you would file a claim against. Do not hesitate to reach out to an attorney for guidance.
Contact Our New York City Uber and Lyft Accident Attorneys for Help
If you were walking down the street when an Uber or Lyft suddenly struck you, you might be in serious pain and serious debt. Call our Bronx Lyft and Uber accident lawyers for help getting compensation. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.