New York Rideshare Accident Attorneys

Navigating the Complexities of Rideshare Accident Insurance

Rideshare accidents have become a prevalent concern in today's society. Understanding the intricate web of insurance coverages involved in these incidents is crucial for victims seeking compensation. In New York, the specific insurance policy that applies to a rideshare accident depends on the driver's status at the time of the crash, whether they were online or offline, and whether they had a passenger.

If you were hurt in a Uber or Lyft accident in New York, then Horn Wright, LLP wants to be the legal team to help you explore your options to pursue compensation. You deserve the chance to recover as best you can without reaching into your own finances. In many cases, recovering fair compensation after a rideshare accident requires fighting both the insurance company and the driver, both in and out of court. With our experience and dedication, we're prepared to assist you throughout this process.

For a free consultation, please dial (855) 465-4622.

What Types of Insurance Coverages are Involved in Rideshare Accidents?

In New York, the insurance coverage in a rideshare accident will depend on the driver’s status at the time of the crash. If the driver was offline or not logged into their app, only their personal auto insurance would apply. 

When the driver is logged into the app, but without a passenger, rideshare companies like Uber and Lyft provide limited liability insurance, typically up to $50,000 per person for bodily injury. If a passenger is present, the company’s $1 million liability insurance comes into effect. Underinsured and uninsured motorist coverage can also apply if the at-fault driver does not have adequate insurance.

Can I Sue Uber or Lyft Directly After an Accident?

Suing Uber or Lyft directly after a rideshare accident is difficult because these drivers are considered independent contractors, not employees. This will shield the rideshare companies from vicarious liability under New York law. However, you might have a case against Uber or Lyft if you can show that the company acted negligently, such as by failing to vet drivers properly.

For most rideshare accident cases, claims are filed against the driver and their insurance policy or Uber and Lyft’s insurance policies. New York No-Fault insurance laws also come into play, which means that your own insurance could cover medical expenses and lost wages, depending on the circumstances.

How Does No-Fault Insurance Work in a New York Rideshare Accident?

New York is a “No-Fault” insurance state. This means that after a rideshare accident your own insurance company will cover your basic economic losses: medical expenses, lost wages, and other reasonable and necessary expenses up to $25 per day. 

If your injuries exceed New York’s “serious injury” threshold, you may be able to file a lawsuit for pain and suffering against the at-fault party. To meet the serious injury threshold, you must have sustained a fracture, significant disfigurement, or a permanent limitation of a body organ or member. In rideshare cases, the driver's status (logged into the app, on a trip, etc.) will determine which insurance policy covers additional claims.

What are the Most Common Causes of Rideshare Accidents?

Rideshare accidents in New York can happen for many reasons. Distracted driving is one of the most common causes, as the drivers are frequently interacting with the app to accept fares or navigate routes. 

Fatigue can also be a factor, especially for drivers working long hours. Other causes include speeding, failure to obey traffic signals, and aggressive driving. Since rideshare drivers often operate in unfamiliar areas, navigating difficult roads or heavy traffic may lead to accidents. Poor vehicle maintenance can contribute to crashes if drivers do not adequately maintain their cars. Understanding the cause of the accident is crucial when filing a personal injury claim.

How Long Do I Have to File a Rideshare Accident Claim in New York?

In New York, the statute of limitations for filing a personal injury claim is typically three years from the date of the accident. This time frame applies to rideshare accidents as well. 

However, if the accident involved a government entity (such as a city bus or a public roadway defect), you may have only 90 days to file a Notice of Claim. Waiting too long to file can result in the forfeiture of your right to seek compensation. If you are filing a claim under an insurance policy, there may be additional deadlines, such as notifying the insurance company soon after the crash.

What Should I Do if the Rideshare Insurance Company Denies My Claim?

If the rideshare driver's insurance company denies your claim, there are several steps you can take. First, review the reason for the denial—common reasons include disputed liability or policy coverage issues. If you believe the denial is incorrect, you can gather additional evidence, such as witness statements, expert reports, or further medical documentation. 

You also have the option to appeal the denial within the insurance company's internal process. If these efforts fail, you can file a lawsuit against the at-fault driver, their insurance, or pursue claims under Uber or Lyft’s supplementary insurance. In some cases, bad faith claims against the insurance company may be warranted.

Can I File a Claim if the Rideshare Accident Was Partially My Fault?

Absolutely. In New York, you can still file a claim even if you were partially at fault for a rideshare accident, thanks to New York’s comparative negligence rule. Under this rule, your compensation will be reduced by the percentage of fault assigned to you. 

For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. This rule applies to rideshare accidents as well, where multiple parties may share responsibility, including the rideshare driver, another driver, or even pedestrians.

What Damages Can I Recover In a Rideshare Accident Claim?

After a rideshare accident, you may be entitled to recover various damages under New York law. These include economic damages such as medical bills, lost wages, and property damage. If you suffered a serious injury under New York’s “serious injury” threshold, you might also be able to recover for pain and suffering or emotional distress. In rare cases, punitive damages may be available if the at-fault party’s behavior was egregiously reckless. 

How Long Does a Rideshare Accident Lawsuit Take?

The length of a rideshare accident lawsuit can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the court's schedule. Some cases settle within a few months if liability is clear and insurance companies agree on compensation. 

However, if there is a dispute over who is at fault or the extent of injuries, the process could take a year or longer. Complex cases involving multiple parties, such as other drivers, or significant injuries may take even more time. After filing, the discovery process, negotiations, and trial preparation all contribute to the duration of a case.

Will My Rideshare Accident go to Trial?

Most rideshare accident cases do not go to trial, and instead are often settled before reaching that stage. Settlement negotiations may begin as soon as both sides understand the strengths and weaknesses of the case. 

If liability is contested or there is a significant dispute over the damages, the case may proceed to trial. In New York, only a small percentage of personal injury cases go to trial, since settlements are often faster and less riskier for both sides than going to trial.

What Happens if My Rideshare Accident Goes to Trial?

If your rideshare accident case goes to trial, it will be heard in court by a judge or a jury. Both sides will present evidence, call witnesses, and make legal arguments. You may need to testify about the accident, your injuries, and the impact on your life. 

Experts, such as accident reconstruction specialists or medical professionals, may also testify on your behalf. After both sides have presented their cases, the judge or jury will decide whether the defendant is liable for your injuries and, if so, how much compensation you are entitled to receive. Trials can be lengthy and unpredictable, but they are sometimes necessary to achieve fair compensation.

Can I Settle My Rideshare Accident Case Without Going to Court?

Many rideshare accident cases are settled without going to court. Settling can be faster and less stressful than going through a trial, and it allows both parties to agree on compensation without the uncertainty of a court ruling. 

Settlement negotiations usually begin after the discovery process, when both sides have enough information to assess the strength of their cases. Your lawyer will negotiate on your behalf to ensure you receive fair compensation. Settlements often include compensation for medical bills, lost wages, and other damages. 

What Medical Expenses Can I Recover in a Rideshare Accident?

In a rideshare accident claim, you can recover compensation for various medical expenses, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and follow-up care. 

Under New York’s no-fault insurance laws, your own insurance will cover basic medical expenses up to the limits of your Personal Injury Protection (PIP) coverage, regardless of fault. If your injuries are severe, you can pursue compensation for additional medical expenses from the at-fault driver’s insurance or the rideshare company’s liability insurance. It’s important to keep detailed records of all medical treatments and bills, as these will be critical in ensuring you receive the full compensation you deserve.

Can I Recover Lost Wages After a Rideshare Accident?

Yes, you can recover lost wages if a rideshare accident prevents you from working. Under New York’s no-fault insurance system, your No-Fault coverage will pay your wages up to 80% of your earnings, up to a maximum of $2,000 per month. 

If your injuries are severe enough to meet New York’s “serious injury” threshold, you can seek additional compensation from the at-fault driver’s insurance or the rideshare company’s liability coverage. Lost wages can include not only current earnings but also future lost income if your injuries affect your long-term ability to work.

Can I Get Compensated for Pain and Suffering in a Rideshare Accident?

Yes, you can recover compensation for pain and suffering if your injuries from a rideshare accident meet New York’s “serious injury” threshold. Pain and suffering damages are non-economic, meaning they are intended to compensate you for the physical and emotional distress caused by the accident. 

To qualify, your injuries must involve significant disfigurement, a fracture, or a permanent loss of use of a body part, among other criteria. Pain and suffering compensation is often a major component of personal injury claims, especially in cases involving long-term or permanent injuries.

Seeking Legal Guidance for Rideshare Accident Claims

The aftermath of a rideshare accident can be overwhelming, especially when it comes to navigating the complexities of insurance coverage and legal proceedings. It is essential to consult with an experienced attorney who specializes in rideshare accidents to understand your rights and maximize your chances of obtaining fair compensation. A qualified lawyer can help you identify the responsible parties, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. By seeking legal assistance, you can protect your interests and ensure that you receive the compensation you deserve after a rideshare accident.

Let’s get your rideshare accident case started. Please call (855) 465-4622 or contact us online now to speak with our New York Uber & Lyft accidn.