Every day, people use ridesharing apps like Uber and Lyft. When you use these ridesharing apps, the last thing on your mind is getting into an accident. However, accidents do happen, and the rates of accidents involving rideshare vehicles have increased as the apps have become more popular.
When an accident happens, you need to know how to handle it. An experienced New York Lyft Accident Lawyer can inform you of your rights and advise you on the next steps. An attorney can also represent you and get you compensation for the damages you suffer.
Who Is Responsible for an Accident?
After a rideshare accident, one of the first questions you may have is who is responsible. The question of responsibility or liability can be incredibly complex, especially when the accident involves a rideshare vehicle.
Every accident case is unique, and the circumstances surrounding the accident determine who is liable. Liability usually comes down to deciding which driver’s negligent or reckless actions caused the accident. The insurance company of whichever driver is deemed negligent will usually be required to cover any damages you suffer.
Passenger Rights During a Rideshare Accident
As a passenger in an Uber or Lyft, you have a right to bring a lawsuit to recover any damages you have suffered. Generally, you cannot sue Uber or Lyft directly. Instead, you can sue whichever driver is at fault.
Even if you cannot sue Uber or Lyft directly, you may have the right to receive compensation through the insurance provided by ridesharing companies. If this insurance does not cover all your damages, you can bring suit against the driver or insurance companies.
Immediate Steps to Take After an Accident
After you make sure you are safe, you should immediately seek medical attention after an accident. Even if you feel that your injuries are minor, you should still be seen by a medical professional to document your injuries and discover any injuries that may not be immediately apparent.
You should also report the accident to both the rideshare company and the police. Additionally, you should gather evidence, such as the information of any drivers involved and the contact information of any witnesses. If you are able, you should take photos of the scene and any damage to either you or your property.
Uber and Lyft’s Insurance Coverage
Personal car insurance policies do not cover commercial driving. Commercial driving is when you transport passengers for a fee. In New York City, Uber and Lyft drivers are mandated by the New York City Taxi and Limousine Commission to have commercial auto insurance. The amount of coverage depends on what the driver is doing at the time of the accident.
The driver has the Uber or Lyft app turned off: only the driver’s personal insurance applies.
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $10,000 for property damage per accident
The driver has the rideshare app turned on but has not gotten a ride request: the rideshare company’s auto liability coverage applies with minimum coverage.
- $75,000 for bodily injuries or death per person
- $150,000 for bodily injury or death per accident
- $25,000 for property damage per accident
The driver has the Uber or Lyft app turned on, the rideshare company’s auto liability coverage applies with substantial coverage.
- $1.25 million for bodily injury, death, and property damage
- $1.25 million for bodily injury coverage for the driver and passenger against uninsured/underinsured motorists
Legal Obligations of Uber and Lyft
Uber and Lyft have various legal obligations in New York. These include driver requirements, vehicle requirements, and community guidelines, in addition to the insurance requirements listed above.
For example, drivers are required to have a valid TLC driver’s license and drive a TLC-licensed vehicle. To get a TLC, a driver must be above the age of 18, have a valid driver’s license, have a social security number, owe no fines or fees to the DMV, be fit to hold a license, and have no more than 5 points on your personal license within a 15 month period back from your most violation date.
An Uber Accident lawyer can examine your case to determine if the rideshare company has breached any legal obligations.
Filing a Claim Against Uber or Lyft
In most cases, you cannot sue the ridesharing company after a car accident. This is because Uber and Lyft classify their drivers as independent contractors. By classifying their employees as independent contractors, they can escape liability for the driver’s actions as there is no employer-employee relationship.
In some cases, you can sue the rideshare company, for example, if they did not provide their drivers with adequate insurance coverage. An experienced attorney can analyze your case and inform you if you have a claim against Uber or Lyft.
How Can a Rideshare Accident Lawyer Help You?
The Personal Injury Lawyers at Gregory Spektor & Accociates P.C. have experience with a wide variety of rideshare accident cases. All accidents can be traumatic espically if you are a helpless passenger. Our attorneys will fight to get you compensation you deserve. While we fight for you, you can focus on recovering from this traumatic experience. Call 1(800)-318-8888 to set up your FREE consultation!
