Many individuals use Uber, Lyft, and other rideshare apps to get where they need to go every day. These services are used for getting to and from work to avoid the hassle of parking, getting into and out of downtown for a night out without needing a designated driver, getting to the airport without needing to manage where you put your vehicle, and much, much more. Unfortunately, Uber/Lyft drivers are no less prone to getting into accidents than any other ordinary motorist.
An accident while riding in an Uber can be a scary experience, but our lawyers can help. We are experienced attorneys who will make sure you sue the right parties and have professional, competent representation when we fight for you in court. We can fight difficult insurance companies and other defendants to try and obtain the financial compensation you need after you are injured.
The Carrion Law Firm has Uber/Lyft accident lawyers you can call at (718) 841-0083 for a free analysis of your case.
The Right Party to Sue in Uber/Lyft Accidents in Huntington, NY
It is very important in any lawsuit to sue the right party in court. The law only lets you recover damages from defendants who have caused your injuries. You might think that the correct parties to sue for a rideshare accident in court are the driver and the rideshare company that the driver was working for at the time. However, this is very often not the case.
You can, and should, sue the driver who injured you in an Uber accident lawsuit. However, it is very unlikely that you would be able to recover damages from the rideshare company. Uber and Lyft use independent contractors as drivers to provide their services. The law allows you to sue employers for the negligent on-the-job conduct of their employees. However, independent contractors are not employees, so under most circumstances, Uber or Lyft cannot be liable for the injuries you incurred in your accident.
The fact that you cannot sue Uber/Lyft does not mean you should not involve the relevant company in your lawsuit in some capacity. Our Uber/Lyft daccident lawyers will need to analyze the specific facts of your case, but it might be a good idea to interview or ask questions of the relevant rideshare company, as doing so could provide key information beneficial to your case.
Insurance in Rideshare Accidents in Huntington, NY
You might be dealing with multiple insurance companies in your Uber/Lyft accident lawsuit. In addition to your own insurance company or the insurance company of any other drivers involved in the accident, you will likely have to deal with the Uber/Lyft driver’s insurance company.
Uber and Lyft both require their drivers to have a special type of insurance in addition to their ordinary coverage, called rideshare insurance. Rideshare insurance is a specialized auto insurance policy that covers incidents when a driver is driving for a rideshare company. Alongside a driver’s personal coverage, both companies also have their own rideshare insurance that will cover up to a certain amount.
It can be tricky figuring out which insurance company to file a claim with after an accident since many could be involved. You could be dealing with the driver’s personal insurance, Uber/Lyft’s insurance, your own insurance if you were driving your personal vehicle and an Uber driver hit you, or another driver’s insurance if they hit a rideshare vehicle you were a passenger in. Our lawyers can help navigate this process and make sure you file a claim with the correct insurance companies and policyholders.
Damages in a Huntington, NY Uber/Lyft Accident Lawsuit
Damages are how courts compensate successful plaintiffs after a lawsuit. The idea behind damages is to put the plaintiff as close as possible to how they were before they were injured. Often, such as in cases where a plaintiff’s physical injuries are permanent, this cannot literally be done. Thus, financial compensation is used as a substitute in those instances. Courts divide damages into economic, non-economic, and punitive damages.
Economic Damages
Economic damages are generally the most straightforward type of damages to understand. They are awarded for injuries that have a readily ascertainable monetary value attached to them. For example, any hospital bills, costs of medical procedures, and long-term care will fall under the umbrella of economic damages in a rideshare accident lawsuit.
Additionally, you can be awarded economic damages from lost income. For example, if you had to miss work for a long time because you were recovering from your injuries, you can be awarded damages for that lost income by the court. Similarly, if you had to take a less well-paying job because of your injuries, the court may award you damages based on the difference in income between your prior job and your current one.
Non-Economic Damages
Non-economic damages are more abstract than economic damages. They are awarded for things like pain and suffering, mental anguish, and loss of enjoyment of life. These things do not necessarily have a price tag attached to them, so you and our lawyers will need to create an amount you are asking for in economic damages.
Punitive Damages
Punitive damages are a special kind of damages that are not based on the injuries of the plaintiff. Instead, punitive damages are based on the conduct of the defendant. Courts mete out punitive damages only when a defendant has acted especially badly. Punitive damages are rarely awarded, so you should have a compelling argument for the court if you are going to ask for them in your lawsuit.
Talk with Our Huntington, NY Uber & Lyft Accident Lawyers Today
The Carrion Law Firm’s Uber and Lyft accident lawyers can be reached at (718) 841-0083 to talk about your case.