For Uber or Lyft Accidents in NYC, Do You Sue the Driver or the Company?
Uber and Lyft have made transportation more accessible to people who do not have their own vehicles. Unfortunately, accidents with Uber and Lyft vehicles have been known to happen, and sometimes passengers and pedestrians are seriously hurt. In such an incident, you might be wondering whether you can sue the ridesharing company or the driver of the vehicle.
A lawsuit is certainly a possibility, but you typically cannot sue the companies Uber or Lyft. Instead, plaintiffs usually sue the driver of the Uber or Lyft vehicle. However, insurance provided by the ridesharing companies might cover your accident. If it doesn’t, you can sue the driver and the insurance companies.
After a car accident involving an Uber or Lyft vehicle, you might need financial compensation to help pay for medical bills and other damages. Our New York City Uber and Lyft accident attorneys can help you get your deserved compensation. Call The Carrion Law Firm at (718) 841-0083 for a free initial case evaluation with our NYC Taxi accident lawyer.
Can I Sue the Companies Uber or Lyft After an Accident in NYC?
In most cases, you cannot sue Uber or Lyft after a car accident with one of their drivers. This might seem somewhat strange since employers are often held liable for the negligent behavior of their employees. However, Uber and Lyft are not legally considered “employers” of their drivers. Instead, drivers are independent contractors.
Uber and Lyft are not considered employers of drivers. Instead, drivers are independent contractors. According to our Long Island Uber and Lyft accident attorney, since there is no employer-employee relationship between a driver and ridesharing company, you cannot sue Uber or Lyft.
While this might sound like a significant hindrance to your case, do not lose hope. Drivers often carry various forms of insurance, including additional insurance provided by Uber and Lyft. This leaves injured passengers with multiple options for compensation. Our Brooklyn Uber and Lyft accident lawyers can help you assess your case and get your lawsuit started.
Who Can I Sue After an Uber or Lyft Accident in NYC?
After a car accident involving an Uber or Lyft, you may sue whoever caused the crash. Depending on your circumstances, this might be one or several people.
Most often, plaintiffs sue the driver of the Uber or Lyft vehicle. However, you could sue a driver in another car if they were the ones who caused the accident. If more than one person is at fault, you can sue multiple people. You could even sue pedestrians or bike riders if they did something like cross the street when they should not have, causing your driver to slam on their brakes and get rear-ended. However, it is important to discuss your case with our Bronx Uber and Lyft accident lawyers, as there could be other possible defendants in your case.
Depending on how your accident occurred, the driver of your Uber or Lyft ride is likely the person you will sue. If the accident did not involve any other vehicles, your driver might be the only possible defendant. For example, if the driver hit a utility pole or crashed into a wall, you could sue the driver for their negligence.
However, it is important to closely analyze how your accident happened when other vehicles were involved. Perhaps the other driver is to blame for the crash, not the driver of your Uber or Lyft ride. It might be a better idea to sue the other driver in such a case. However, in many cases, responsibility is shared between the drivers. We could sue one or both drivers for compensation. If we only sue your Uber or Lyft driver, that driver could sue the other driver for contribution. Talk to our Boca Raton Uber and Lyft accident lawyer for more information.
Whose Insurance Covers My Uber or Lyft Accident in NYC?
After any car crash, the question of insurance will inevitably come up. Car accidents can be extremely expensive, and insurance helps us fill in the financial gaps we otherwise cannot afford to pay. In a car accident case with an Uber or Lyft driver, various forms of insurance are often at play.
First, all drivers are required by law to carry their own personal insurance. This rule applies to ordinary drivers and those who drive for a living, including cabs drivers, Uber and Lyft drivers, and truckers. However, people who carry passengers, including drivers for ridesharing services like Uber and Lyft, typically have a second layer of commercial insurance.
This second form of insurance, often called rideshare insurance, covers drivers while they are working. The standard insurance most drivers have often does not cover ridesharing. This means Uber and Lyft drivers need rideshare insurance to fill the gap. In New York City, Uber and Lyft drivers are required by the New York City Taxi and Limousine Commission to have this second form of insurance.
Third, Uber and Lyft often provide their drivers with additional insurance coverage. These companies offer about $50,000 in coverage if the driver has not accepted a ride. This could help you if you were hit by an Uber or Lyft driver who had their app turned on but had not yet accepted a ride.
Once a driver has accepted a ride, a larger $1,000,000 policy goes into effect. This covers any time a rider is in the vehicle or the driver is on their way to pick up a rider.
The policies may cover anyone injured in the accident and compensates victims for any injuries or damaged property. Our New York City car accident lawyers can help you get the coverage you need from the appropriate insurance provider.
When Uber and Lyft Do Not Cover Accidents in NYC
If you are relying on insurance provided by Uber and Lyft to fund your compensation, you should know that there are some limitations on when and how this insurance applies.
Lyft and Uber have a strict policy about insurance coverage in an accident. A driver must have a rider in the car or be on their way to pick up a rider for the insurance to kick in. This means that an Uber or Lyft driver must have a passenger in their car or be on their way to pick up a passenger. There may still be insurance coverage if there is no passenger, but it will come under the lesser $50,000 policy instead of the $1,000,000 policy.
Also, Uber and Lyft will not cover your accident if the ridesharing app was turned off. The app must be on for a driver to be considered “an Uber driver” or “a Lyft driver.” If the app is off, the driver is considered off duty, and the law treats them like any other driver in New York City. If your driver shut of their app for some reason during your ride, this might present a problem in your case.
Uber and Lyft will also deny coverage from their insurance policies if your driver does not have insurance. This can include situations where the driver had only normal non-commercial driver’s insurance since drivers are required to carry their own rideshare or commercial insurance. Our New York City Lyft and Uber accident attorneys can help you fight for just compensation.
Call Our Uber and Lyft Accident Attorney for Guidance and Advice
If you were injured in an accident with a Lyft or Uber vehicle, you might have a few options for compensation. Our Queens car accident lawyers can help you decide which option is best for you. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.