Many NYC residents and tourists use Lyft as a convenient option to get around the city. However, recovering compensation can be extremely challenging if you are injured in an accident with a Lyft driver.
Our lawyers are experienced with the claims process and the best methods to cover your losses. We can help you determine who should be held liable for your injuries, including the rideshare driver, other drivers, and Lyft itself. Our team can file insurance claims with your provider and Lyft’s insurance if the driver was on duty at the time of the crash. However, we will be gathering evidence to prove your injuries are serious, allowing you to file a lawsuit for all economic and non-economic damages.
For a free case review with our Lyft accident attorneys, contact The Carrion Law Firm today at (718) 841-0083.
How to Gather Evidence for a Lyft Accident Lawsuit in NYC
Typically, the first step is to have our Lyft accident attorneys gather evidence, which will often come from several sources. The following are the most common forms of evidence used in personal injury lawsuits:
Medical Evidence
Medical evidence will help prove your injuries are from the collision. You likely went to the emergency room after the accident and visited other doctors for follow up care. No matter the care you received, our team will gather records from each of your providers.
Photos
We will need other evidence to prove liability. After the crash, take pictures of the accident scene, including debris, vehicle damage, and the street layout. Photos of your injuries can also be used in your claim, preserving their severity when the accident occurred.
Police Reports
You should also report the crash to the police. We can collect the crash report from the NYPD and use it to build your case. It usually includes the responding officer’s observations, detailing vehicle damage, your injuries, and the Lyft driver’s state following the crash. The report will likely also note each party’s insurance and contact information.
Witness Statements
Speaking to witnesses as soon as possible after the accident is also critical. They might forget, move away, or change their contact details if you wait too long. If you can, speak to witnesses while still on the scene and get their information. We can contact them after starting your case.
We can also review the police report for witness details if you did not have a chance to speak to anyone.
Determining Who to Sue for a Lyft Accident in NYC
Lyft accidents are also challenging because several parties could be responsible for your damages.
The Lyft Driver
Many Lyft drivers speed through NYC’s streets to complete trips, while others cause accidents because they are distracted by the rideshare app. Thus, it is likely that the rideshare driver is liable for the accident.
Other Drivers
If you were the passenger in the Lyft, the other driver might also share liability. We will usually sue each driver involved, since multiple defendants can be individually responsible for their own share of fault.
Lyft
Our team will also determine whether Lyft can be sued, but this is rare. Lyft drivers are independent contractors, meaning that Lyft technically does not employ them. Companies can be sued for their employees’ negligence, but not for independent contractors’ negligence.
Instead, we will need evidence that Lyft’s business practices contributed to your harm to hold it accountable. Perhaps the driver had a history of reckless behavior, but Lyft allowed them on the road or kept them on after causing accidents. If so, these negligent business practices let us include Lyft as a defendant.
How PIP Insurance Works in a NYC Lyft Accident Claim
New York uses no-fault insurance rules, so your own PIP (“personal injury protection”) insurance will help cover your initial economic losses, including medical expenses and some of your lost income. You can file with your PIP policy whether you were at fault or not.
What PIP Covers
Unfortunately, PIP is not designed to cover all the losses accident victims often suffer. PIP is typically limited at $50,000 for the driver and all occupants in the vehicle, covering 100% of medical bills and 80% of lost wages, subject to other limits.
PIP also does not pay for pain and suffering or other non-economic damages.
Overcoming the Serious Injury Threshold
Because NY is a no-fault state, auto accident victims do not have a right to sue for non-economic losses unless they sustained serious injuries under I.S.C. Law § 5104(a).
Serious injuries include fractures, significant disfigurement, dismemberment, miscarriage, permanent loss, permanent limitation, and death, as per § 5102(d). Non-permanent injuries are also considered serious if they keep you from performing your daily tasks for 90 out of the first 180 days following the crash.
We can use emergency room and hospital records, statements from your doctors, and expert evaluations to help prove that your injuries meet one of the definitions above, allowing us to file a lawsuit.
Lyft Insurance Coverage for NYC Accidents
If they were online when the accident occurred, Lyft’s commercial insurance coverage will likely cover some losses.
If you suffered serious injuries, we can file a claim with the Lyft driver’s commercial insurance provider. How much Lyft insurance will provide depends on whether the rideshare driver was transporting a passenger, en route to one, or idling on the app for a trip.
Still, insurance claims might not provide full compensation for non-economic damages. Filing a lawsuit is typically the best way to get paid fully for your losses.
Time Limit to File a Lyft Accident Claim in NYC
We must file your insurance claim or lawsuit on time, or you will recover nothing for your damages. The statute of limitations to file a lawsuit for an auto accident is three years, according to C.V.P. Law § 214(5).
The time starts running the moment you are injured, and you will be barred from pursuing compensation if you wait too long.
By starting your case quickly, we can use the time to organize medical records to overcome the serious injury threshold, interview witnesses, and collect other evidence you might have missed.
Contact Our New York City Lyft Accident Attorneys Today
Call The Carrion Law Firm at (718) 841-0083 for your free case review with our Lyft accident lawyers.