Uber and Lyft provide vital transportation services to people in Woodside, as most Queens residents would rather avoid driving their own vehicles. While this is a convenient option, accidents abound.
If you were involved in an accident with a Lyft or Uber driver, our attorneys can help you determine who to hold responsible and how to cover your losses. Many rideshare accidents occur while the driver is on duty. If so, you can usually file an insurance claim with their commercial provider, which will open up the option of using Uber or Lyft’s liability policy to cover what the driver’s insurance cannot. However, our team will be looking for ways to file a lawsuit, which is the only way to cover your non-economic damages after a car accident. We can do this by gathering evidence to demonstrate that you suffered serious injuries in the accident.
For a free assessment of your case with our Queens Uber and Lyft accident attorneys, call The Carrion Law Firm at (718) 841-0083 today.
What You Have to Do to Recover Compensation After an Uber and Lyft Accident in Woodside, Queens
Uber and Lyft accident claims often have many more issues to consider in order to recover compensation after a crash. You must determine who is liable, what options will cover your losses, and whether you can and should file a lawsuit. However, you do not need to take these steps yourself. Our Uber and Lyft accident lawyers can manage these tasks for you and more. Our team will know what evidence your case needs and where to get it to demonstrate the seriousness of your injuries. We will do this and file your lawsuit before time runs out, allowing you to focus on recovering while we do the heavy lifting.
Determine Who is Responsible
Identifying the liable parties is a critical first step in any personal injury claim, especially for those involving a rideshare driver. If you were the other driver in the accident, we would first look to the Uber or Lyft driver. If you were the rideshare passenger, liability might be shared between multiple drivers.
Naturally, you might think you should be able to hold Uber or Lyft liable if their rideshare driver acted negligently. If rideshare drivers were traditional employees, you would be right. However, Uber and Lyft typically classify their workers as “independent contractors.” This creates a degree of legal separation from liability since companies cannot be held liable for the acts of independent workers. Thus, holding Lyft or Uber directly liable is rarely possible.
Instead, our team will focus on the parties directly involved. Since accidents seldom involve one vehicle, we will likely have a few drivers we can investigate for liability in many cases. We might also look into a vehicle manufacturer or designer to name in your claim. For instance, if the rideshare driver claims their brakes failed before the accident, we can investigate where the defect occurred and who was responsible.
File for Insurance
After determining the liable parties, we will know what paths to take to recover your compensation. Your Personal Injury Protection (PIP) insurance is usually the first method used since New York is a no-fault insurance state. These rules require injured drivers and passengers to use their own insurance to cover general economic damages. If you only have the minimum coverage, PIP will likely not be enough.
Fortunately, rideshare drivers must carry commercial insurance for accidents that happen when they are on duty, so we can file a third-party claim if they were logged into the app and actively working at the time of the crash. If they were off-duty when it happened, we can still file a claim with their personal car insurance.
Uber and Lyft also have insurance policies to cover accidents involving on-duty drivers. If the coverage with the rideshare insurance is exhausted after filing a claim, we can file a claim with Lyft or Uber’s provider to cover the remaining losses.
Even with all these insurance options, you are not likely to be compensated for your pain and suffering from them. While dealing with the insurance companies, we will also gather evidence to show that you suffered serious injuries, allowing us to file a lawsuit for all your losses.
File a Lawsuit
New York only allows vehicle accident victims to file a lawsuit for non-economic damages when they have suffered “serious” injuries. While most injuries are serious to those who suffered them, I.S.C. Law § 5102(d) provides a specific list of injuries that meet the threshold. Because serious injuries are more likely to cause long-lasting subjective effects, like physical pain and mental anguish, it is only fair that you should have your day in court.
We can also pursue non-economic damages in a lawsuit if your economic damages went beyond the limit set by § 5102(a)(5).
File Before the Statute of Limitations Runs
We must file your lawsuit before the statute of limitations passes. Otherwise, you will not be able to recover any damages. C.V.P. Law § 214(5) has a total time limit of three years to prepare and file a claim. If the lawsuit is filed after the deadline, opposing counsel will request the court dismiss the case, which the law will compel it to grant, leaving you with no compensation.
Gather Evidence
We will already have some of your medical records and other evidence when we file your lawsuit since we needed it to meet the abovementioned thresholds. However, we must gather much more evidence to prove each element of your claim.
Police accident reports usually contain a wealth of important details about your crash, so be sure to call 911 after the accident so the police can investigate. Our team can also search for footage of your crash, like video from the rideshare driver’s dashcam.
Contact Our Woodside, Queens Uber and Lyft Accident Lawyers Today for Help with Your Rideshare Claim
Contact The Carrion Law Firm at (718) 841-0083 for a free case review from our Lyft and Uber Accident lawyers.