Uber is an extremely popular choice to get around NYC and avoid the subways. Unfortunately, this has led to a sharp increase in the number of accidents involving Uber drivers.
Whether you were injured as an Uber passenger or hit while driving your vehicle, our lawyers can help you get damages for your losses. We will start by filing a claim with your insurance company to cover your financial losses. Our team will then turn to the rideshare driver and Uber’s insurance for additional coverage. However, we must file a lawsuit if you want to get compensation for your non-economic damages, such as pain and suffering. Only those with “serious injuries” can file a lawsuit.
For a free case evaluation from our Uber accident attorneys, call The Carrion Law Firm today at (718) 841-0083.
How to Cover Damages from an NYC Uber Accident
New York is a no-fault insurance state, so your own insurance will be the first to cover your expenses. However, victims will usually need to file a lawsuit to recover all their damages.
PIP Insurance
Whether you are an Uber passenger or the other driver in the crash, your driver’s personal injury protection (PIP) insurance will usually cover your economic expenses, like medical bills and a certain amount of lost income.
However, PIP will only compensate some damages and provides no coverage for pain and suffering.
Lawsuits
To be compensated fully, our Uber accident lawyers can help you file a lawsuit or a claim against the at-fault driver’s liability insurance. Unfortunately, I.S.C. Law § 5104(a) only gives you the right to pursue non-economic damages if your injuries are serious.
Several classes of injuries are considered serious under § 5102(d), including broken bones, miscarriage, dismemberment, and death. Most permanent injuries are also considered serious, but so are injuries that keep you from completing daily activities for at least 90 of the following 180 days.
Does Uber Provide Insurance for Accidents in New York City?
Uber does provide some coverage when one of its drivers causes an accident, but the amount will depend on whether the driver was on duty when the crash occurred.
When an Uber Driver is Transporting or Picking Up a Passenger
If the driver was transporting you or another rider or was en route to pick up a passenger when they caused the accident, multiple insurance policies should cover you.
Your PIP insurance will cover your economic losses if you were the other driver in the crash. The Uber driver’s PIP coverage will be used if you were the passenger.
If the rideshare driver was en route to pick up someone or transporting a passenger, Uber provides up to $1,250,000 in coverage for injuries and property damage.
When an Uber Driver is On Duty but Has No Passenger
When an Uber driver causes a crash while online but without a rider, yours or the driver’s PIP will be the first compensation option, then the Uber driver’s liability insurance.
If the driver’s insurance does not apply, Uber’s supplemental liability insurance will cover up to $75,000 per person and $150,000 an accident, as well as $25,000 for property damage.
When an Uber Driver is Off Duty
Uber drivers who cause a crash while offline do so in their personal capacity. In such cases, PIP can help at first.
However, you can file both a third-party claim against the Uber driver’s liability insurance and sue if you suffered serious injuries, regardless of whether your PIP was exhausted.
If their provider responds with a low settlement offer, we can take the case to trial or forego filing a third-party claim and go straight to suing.
Can I Sue Uber for an Accident in NYC?
While insurance claims can typically be filed with Uber’s insurance in the situations above, suing the company is often not an option.
Unlike traditional employees, Uber treats rideshare drivers as independent contractors, so they technically do not work for Uber. Although this rule is under debate, the employment relationship typically prevents Uber from being held vicariously liable for a driver’s negligence in a lawsuit.
We can, however, file a lawsuit against Uber if we discover that its business practices contributed to the accident. Perhaps the rideshare driver caused accidents in the past, but Uber negligently retained them rather than firing them.
Alternatively, Uber might not have conducted a full background check before hiring someone with a dangerous driving history. Uber can often pay damages that a driver could not personally afford.
Suing Other Drivers Involved in Your NYC Lyft Accident
Other drivers who contributed to the accident should be sued or you risk losing compensation. Each defendant is liable for their conduct and the percentage of fault attributed to them for causing the accident.
For instance, an Uber driver might be found 60% liable for the accident and another driver 40% responsible.
If you do not sue the other driver, you would only get damages for the Uber driver’s share of fault.
Why You Should Hire an Attorney After Your Uber Accident in New York City
There are several reasons to start your case immediately after your Uber accident, including the following:
File Your Claim on Time
Car accident victims in NYC have three years from the date they are injured to file a lawsuit, according to C.V.P. Law § 214(5). The court will dismiss claims filed after the deadline, unless a rare exception applies.
Gather and Review Evidence
Starting your case as soon as possible is also the best way to preserve evidence. You will need medical records to show that your injuries are serious and prove your damages. Witnesses are more likely to remember important details if they are identified and interviewed right after the crash.
You should also gather evidence while you are still on the scene. Take photos of the damage to the vehicles and any visible injuries. We can submit your photos when we file your claim.
You should also report your accident to the police so they can make a report, which your attorney can obtain and use during insurance settlement negotiations.
Call Our Uber Accident Lawyers in NYC Today for Help with Your Case
Call The Carrion Law Firm at (718) 841-0083 for a free case assessment from our Uber accident lawyers.