Flushing Uber & Lyft Accident Lawyer
Uber and Lyft accidents are unlike other car accidents, in part because there are overlapping insurance policies that you could be entitled to claim compensation through. Additionally, the fact that the driver works for a company might increase the complexity of the case. Nonetheless, lawsuits might be available, but complex rules could limit your ability to sue.
For help with a Flushing Uber or Lyft accident, consider working with an experienced attorney. Our lawyers can help you sort out which claims are viable and how much your case could be worth. It is also important not to trust representatives from Uber or Lyft or their insurance companies to have your best interests in mind and to have your lawyer review any settlement offers.
For a free case review with our Flushing Uber and Lyft accident lawyers, call The Carrion Law Firm today. Our phone number is (718) 841-0083.
Suing Uber or Lyft for an Accident in Flushing
If your accident was caused by an Uber or Lyft driver, you may want to sue Uber or Lyft directly for the accident. With many taxi companies, bus companies, and trucking companies, the driver’s employer is ultimately responsible for the accident, so it would make sense if you could sue Uber or Lyft when their driver causes a crash. However, the way that Uber and Lyft are structured often prevents these lawsuits.
Uber and Lyft are not the “employers” of their drivers. Instead, the drivers work as independent contractors and are often legally considered “self-employed.” This means that you cannot reach past the driver and hold the company responsible for the accident, but you instead must sue the driver as an individual.
This might seem like a drawback, but it ultimately might not affect your case much. Since the driver is essentially considered their own business entity, they must still have insurance to cover injuries they cause. In addition, Uber and Lyft provide additional insurance to make sure that their drivers can afford to pay damages after a serious accident.
There may be a few exceptions that allow you to sue Uber and Lyft, such as when they hire a driver they should have known was dangerous. Speak to our Flushing Uber and Lyft accident lawyers about using these potential exceptions, but keep in mind that they are rarely applied.
Who Pays for Damages in an Uber or Lyft Accident in Flushing
Keep in mind that the Uber/Lyft driver is not always the one at fault for the crash. If you were a rider in an Uber/Lyft and they crashed into a stationary object, that driver is likely the only one who could possibly be at fault. Similarly, if you were hit by an Uber/Lyft while biking or walking on foot, that driver is likely responsible for the crash. However, if you were hit by another car while riding in an Uber/Lyft, it is possible the other driver could be the one at fault for the crash.
No-Fault Insurance Coverage
Nonetheless, insurance coverage primarily comes from the driver of the car you were riding in under NY’s no-fault rules. This means that if you were riding in the Uber/Lyft when the crash happened, their insurance will cover you. If you were driving or riding in another car when an Uber/Lyft hit you, you/your driver’s insurance will cover you. For pedestrians and bikers, the insurance for the driver who hit you covers you.
This insurance is designed to cover all medical bills and lost wages (up to a certain percentage of the total) without you needing to prove who was at fault. This is why, at this stage, it does not matter who caused the crash. However, the damages paid through these no-fault insurance policies might not be enough to cover your injuries in full, and damages for pain and suffering will not be issued in most cases.
Lawsuits
If you faced “serious injuries” in the crash, you could be entitled to file a lawsuit against the at-fault driver. At this stage, it is important to determine who caused the crash, as that is the party you will file your lawsuit against in court. This means looking at the situation and the various traffic laws involved and having your Flushing Uber/Lyft accident lawyers determine who was at fault for the crash.
These lawsuits are only allowed when you have “serious injuries.” This includes any permanent injuries, injuries involving broken bones, or injuries that cause the loss of a limb or the loss of a pregnancy. Lawsuits can also be filed for a loved one’s death without any additional considerations as to how “serious” the injuries were.
When you file a lawsuit, the driver’s insurance will often pay the damages rather than the individual paying out of pocket. When it comes to suing an Uber or Lyft driver, there might actually be several overlapping insurance policies that could cover your damages.
Which Insurance Covers?
If you are filing a no-fault claim, you file against your driver’s insurance. If you are filing a lawsuit against the at-fault driver, their insurance should step in to cover damages. However, Uber and Lyft drivers have multiple policies.
Each Uber/Lyft driver must have their own auto insurance, which covers in cases where they were off duty. To work as a rideshare driver, they will also need commercial or rideshare insurance, which should cover any time they are on duty.
In addition, Uber and Lyft each provide two enhanced policies. The first covers any overages from the driver’s insurance if they were on duty but did not have a ride selected yet. The second is a $1 million policy that covers any time there was a rider in their car or they were on the way to pick up a rider.
Typically, your Flushing Uber and Lyft accident lawyer will be able to determine which policy to file a claim against or which policy will cover in a lawsuit.
Call Our Flushing Uber and Lyft Accident Attorneys Today
If you were hurt in an accident involving a rideshare driver in Flushing, call the Flushing Uber and Lyft accident attorneys at The Carrion Law Firm today at (718) 841-0083.