Being in an accident while riding in or driving alongside an Uber or Lyft can add layers of stress and uncertainty to your potential case. Many victims are unsure of who they can sue to get compensation after an accident with an Uber or Lyft driver, and complex insurance rules often leave them with additional questions about their recovery.
If you were hurt in an accident involving an Uber or Lyft driver, our experienced Islip Uber and Lyft accident lawyers can help you file claims against the proper parties, assemble the evidence you need to prove your case, and get the damages you need.
For a free case review, call The Carrion Law Firm’s Islip Uber and Lyft accident lawyers today at (718) 841-0083.
Determining Fault in an Uber or Lyft Accident in Islip, NY
Car accident cases can often have multiple people who share fault in causing the crash. It is common that you can point to one particular person who is primarily at fault, and car insurance rules and other laws often allow you to sue them or file an insurance claim against them for damages. Our Islip Uber and Lyft accident attorneys will examine each potential party and explain whether they can be held at fault and what circumstances are necessary to file a case against them:
Uber or Lyft
Generally speaking, Uber and Lyft do not actually hire the drivers that “work for” them. Instead, these drivers are independent contractors, and Uber and Lyft insist that they merely match riders with drivers and manage payment. As such, you typically cannot hold these companies liable for a crash in the same way that you could hold a taxi company, bus company, or trucking company liable for its driver’s mistakes.
Even though you cannot sue them in most accident cases, these companies each provide insurance to their drivers. One “supplemental” policy will kick in any time a driver is on duty but has no passenger in their car. A more comprehensive policy will kick in any time the driver is on the way to pick up a passenger or has a passenger in their car. This ensures that injured passengers are typically covered by insurance no matter who caused the crash.
The Uber or Lyft Driver
If you were riding in a rideshare car or you were hit by a rideshare driver, you may be able to hold the Uber or Lyft driver responsible for the crash. If the crash was their fault and you suffered serious injuries, then you should be entitled to file an insurance claim against them or sue them in court for their share of fault in causing the accident.
All Uber and Lyft drivers are required to carry their personal auto insurance as well as rideshare or commercial insurance policies. Additionally, the aforementioned Uber and Lyft policies should cover any accident they are involved in. Lastly, in New York, your own no-fault insurance might cover your injuries in part first and foremost before you file a claim against any other driver’s insurance.
Other Drivers
Many crashes actually involve other drivers as well, who potentially take either a portion of the blame or all of the blame in the crash. If you were riding in an Uber or Lyft at the time of the crash, it is possible that your Uber or Lyft driver shared some degree of fault, but the crash might have actually been another driver’s fault as well (or instead). If you were in another car and were involved in a crash with 3 or more vehicles, it is possible that blame could be divided among the Uber/Lyft driver and the other driver(s).
If you are an Uber or Lyft driver who was injured in a crash, it is possible you were the victim and the other driver was 100% at fault for the crash. Our Islip Uber and Lyft accident lawyers are also prepared to help injured drivers like you get the compensation you need after an Uber or Lyft crash.
In any case, remember that no-fault insurance rules might require you to file a claim with your own insurance first, and they might limit your ability to file a third-party claim or lawsuit to situations with “serious” injuries.
The Uber/Lyft Passenger
Generally speaking, passengers cannot be held liable for crashes since they were not the ones operating the vehicle. However, if you were injured in a crash because an Uber or Lyft passenger grabbed the steering wheel or pulled the brake, that is a different story entirely. In those cases, you might be able to hold that individual responsible as if they were the driver of the vehicle for those brief moments where they interfered with the person in the driver’s seat’s control of the vehicle.
Other Parties
Although these situations are rare, it is possible that a crash could be caused by auto defects, which could be attributed to auto manufacturers, or bad road conditions, which could be attributed to local, state, or federal government entities.
Evidence Needed for an Uber/Lyft Accident Case in Islip, NY
Proving fault usually requires some evidence. Your own statements about what happened leading up to the crash and how your injuries occurred will be some of the most important evidence in your case. Additionally, statements from other witnesses and parties can help your case as well, especially if there were multiple victims. For example, if your Uber driver hit another car and that driver’s testimony also shows the Uber driver was at fault, their testimony will help your case.
As for additional “hard” evidence, you should take photos of the accident damage, get medical attention to create medical records, and save any bills or statements related to the costs you incurred because of the accident. Additionally, keep records of your injuries and recovery process so you can provide evidence of the pain and suffering you faced. Talk to our Islip Uber and Lyft accident lawyers about additional evidence you can collect, such as camera footage of the crash from nearby security cameras.
Call Our Islip Uber and Lyft Accident Attorneys Today
For a free case review on your Uber or Lyft accident case, call The Carrion Law Firm’s Islip Uber and Lyft accident attorneys today. Our phone number is (718) 841-0083.