The ride-hailing industry led by Uber and Lyft has grown in popularity throughout New York. Using an app on your phone to summon a ride may be affordable and convenient, but you need the help of an experienced personal injury lawyer to sort through the complex legal issues that arise. Uber and Lyft do not own the vehicle that picks you up, and its driver does is not their employee. So, who pays the damages when someone suffers serious injuries in Uber and Lyft accidents?
At the New York offices of The Carrion Law Firm, our dedicated team of personal injury attorneys understand of the legal issues unique to Uber and Lyft accidents. We use our experience to develop strategies allowing us to secure maximum compensation from any and all parties at fault in causing the accident.
If you were injured because of an Uber or Lyft accident, get help pursuing the payment you deserve. Reach out to our experienced New York City Uber and Lyft accident lawyers by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.
Why You Need a New York City Uber and Lyft Accident Attorneys
If you are seriously injured in any car accident caused by the negligence of another driver, you have the right to sue for damages, including:
- Pain and suffering
- Physician, hospital and other medical expenses
- Lost wages
- Diminished or lost future earnings
- Rehabilitation and physical therapy costs
Many Uber and Lyft drivers carry only the legally required minimum insurance coverage on their vehicles, which may be insufficient to pay the compensation you need and deserve. The attorneys at The Carrion Law Firm, use their knowledge of the ride-hailing industry to pursue other sources of insurance coverage. One source is the $1 million liability and uninsured/underinsured policy Uber and Lyft provide as secondary coverage when the primary policy on a driver’s vehicle is not enough to pay your damages. The policy limits have been increased for vehicles picking up passengers in New York City.
For Uber or Lyft Accidents in NYC, Do You Sue the Driver or the Company?
Alawsuit 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 with the help of a Uber and Lyft accident lawyer.
Why Can’t I Sue Uber or Lyft in New York?
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. 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.
Who Can I Sue After an Uber or Lyft Accident in NYC?
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 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.
Identifying All Parties Responsible for Causing an Accident in New York City
As with any collision involving motor vehicles, identifying the parties at fault in causing an Uber or Lyft accident is crucial to obtain the maximum compensation for your injuries. If you are a passenger in an Uber or Lyft car that collides with another vehicle, there could be multiple drivers at fault. We thoroughly investigate the accident and carefully review police accident reports to identify the cause of the accident and the parties responsible for it. All drivers responsible for causing an accident may be sued by anyone suffering injuries. If you are injured in an accident involving an Uber or Lyft vehicle, remain calm and call 911. Other steps to take include:
- Avoid moving around as it may worsen your injuries.
- Get the names and contact information of all drivers involved the accident if you are physically able to do so.
- Unless emergency medical personnel transport you to a hospital for treatment, you should arrange to be examined by your doctor as soon as possible.
- Avoid discussing your medical condition or how the accident happened. Statements you make could jeopardize your right to recover damages.
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 shuts off 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.
When to File an Uber or Lyft Accident Lawsuit in New York City
States’ statutes of limitations set forth time lines for filing certain types of lawsuits. According to C.V.P. Law § 214, victims of Uber and Lyft accidents will usually have three years from the dates of their crashes to bring their cases to court. Failure to file your case in time could cause you to miss out on important monetary damages.
Furthermore, crucial evidence can be hard to preserve. Witnesses can forget pertinent details and physical items can be misplaced. By contacting our New York City Uber and Lyft accident lawyers as soon as possible after your crash, we can more easily gather the evidence necessary to win your case.
Evidence Used to Prove Fault in New York City Uber and Lyft Accident Lawsuits
There are several different forms of evidence that can be used to show why an accident occurred. Our New York City Uber and Lyft accident lawyers can help collect and preserve any of the following forms of evidence in your case:
Witness Statements
Testimony from eyewitnesses can be very valuable when proving that another driver is at fault for an Uber or Lyft accident. Witnesses can provide either oral or written statements that help explain why crashes happened. Accordingly, you should attempt to retrieve contact information for any witnesses to your collision if possible. Our team can offer guidance and support when reaching out for their cooperation.
Accident Reports
Accident reports are another helpful piece of evidence that can be used when proving fault for Uber and Lyft accidents. After any injurious crash, a police officer should visit the scene to create their accident report. These reports often contain information that can be used when proving fault. You can contact our New York City Uber and Lyft accident lawyers for help recovering a copy of your report.
Expert Witness Statements
Expert witnesses are regarded as experts because they have the requisite education, training, and experience in their respective fields. Experts can be summoned to explain complicated theories of fault. For example, an engineering expert may be called to demonstrate how a defective brake component contributed to an Uber or Lyft accident. Further, an accident reconstruction expert may be summoned to explain why a defendant is at fault for an intersection collision. Our attorneys can help find the right experts to support your claim.
Photos from the Scene
Photos from the scene of an accident can also be utilized when proving fault for and Uber or Lyft accident. For instance, photos of a badly damaged vehicle may be used to show that a defendant driver was speeding when a collision happened.
Also, photos from the scene can be used when disproving defendants’ arguments. For example, a defendant may state that a crash occurred because a street light was broken, so the road was dark. In that case, photos from the scene showing a working street light and well-lit road can be used to disprove the defendant’s theory. Our team can review any photos from the scene of your crash during our free review of your case.
Contact our New York City Uber and Lyft Accident Attorneys
Let the attorneys at the New York City offices of The Carrion Law Firm, take the burden of dealing with insurance companies and claims adjusters off your shoulders. The injuries caused by Uber and Lyft accidents entitle you to compensation, so let our team of attorneys fight for you. Contact us today by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.