Rochester Uber & Lyft Accident Lawyers

Injured in a NY Rideshare Accident?

Being involved in an Uber or Lyft car accident in Rochester can leave you with dealing with injuries, multiple insurance companies, and a maze of legal questions. With different coverage tiers depending on the driver’s status at the time of the accident, rideshare accident claims can be more complex than typical car accidents. 

At Horn Wright, LLP, we understand the intricacies of Uber or Lyft accident cases and know how to fight to get the insurance coverage to compensate you for your injuries. Our team of Rochester rideshare accident attorneys are ready to help with one simple phone call to start the process.

How Does Uber and Lyft Insurance Work in a Rochester Car Crash?

Both Uber and Lyft have commercial insurance policies that apply to Rochester car accidents, but the amount of coverage depends on the driver’s status at the time of the crash. Unlike a regular car accident where the at-fault driver’s insurance company will pay for damages, Uber and Lyft accidents involve multiple insurance layers that change based on the driver’s status.

• Offline: When the Uber or Lyft driver is not logged into their rideshare app, their personal auto insurance applies and Uber and Lyft offer no coverage. If there’s a car accident the driver’s personal policy covers any damages.
• Waiting for a Ride Request: When the Uber or Lyft driver is logged into the app and waiting for a passenger request, there is limited coverage from Uber or Lyft. That coverage now includes:
  • $50,000 for bodily injury per person
  • $100,000 for bodily injury per accident
  • $25,000 for property damage
• En Route to Pick Up or During a Ride: Once the Uber or Lyft driver has accepted a ride or has a passenger in the vehicle, Uber or Lyft’s full policy of $1,000,000 in liability and uninsured/underinsured motorist coverage applies.

Knowing what layer of coverage applies to your case is one of the most important pieces of information to gather in your case. The Uber or Lyft driver shifting from offline to ride request can make the difference of minimum New York insurance limits to $1,000,000 in coverage for your case.

Understanding Liability in Rochester Uber or Lyft Car Accidents

Figuring out liability in an Uber or Lyft accident can be complicated. If you’re injured in a rideshare accident, knowing who is responsible helps you identify the respective party to pursue and the applicable insurance coverage.

• Rideshare Driver is At-Fault: If the rideshare driver caused the accident in Rochester, e.g., speeding down Monroe Avenue or failing to yield at an intersection on West Main Street—then Uber or Lyft’s insurance coverage will apply. 
• Another Driver is At-Fault: In cases where another driver caused the accident, their liability insurance will provide coverage. If they’re underinsured for the total amount of your damages, Uber or Lyft’s uninsured/underinsured motorist policy will kick in. However, that coverage will still turn on whether the Uber or Lyft driver was on his or her way to pick up a passenger or actively transporting one.
• Shared Fault: The comparative negligence rule in New York allows you to still recover damages even if you’re partially at fault. If liability for the accident is split between the Uber or Lyft driver and another driver, you’ll need to establish liability against both drivers for the total amount of negligence. 

How to Handle an Insurance Claim in Rochester Uber or Lyft Accident

Filing a claim after an Uber or Lyft accident in Rochester requires basic knowledge on New York No-Fault benefits and the carryover to rideshare insurance policies. After a car accident your No-Fault, or “PIP” coverage, will be responsible for paying for Basic Economic Loss. If you suffered a “serious injury” you can pursue pain and suffering and other damages against the liability policies of the at-fault drivers.

• Start with Your No-Fault Coverage - You need to first open a claim with your No-Fault insurance. This will be the insurance of the vehicle you were using or operating at the time of the crash. A car accident lawyer will be able to guide you on whether there are other No-Fault policies of insurance to file against. Your No-Fault insurance will pay at least $50,000 for the combined total of your medical expenses and lost wages. 
• Put Third-Party Insurance Companies on Notice - If your medical expenses and lost wages exceed PIP limits, or your injuries meet New York’s “serious injury” threshold, you can pursue compensation directly from the at-fault party. Rochester accidents that lead to serious injuries under the New York Insurance Law—such as fractures, disfigurement, or significant disability—fall under this category. If the rideshare driver caused the accident while actively on a ride, Uber or Lyft’s $1,000,000 policy should apply.
• Put Uninsured/Underinsured Insurance on Notice - If another driver caused the accident and doesn’t have enough coverage for your damages, you’ll want to put any underinsured motorist insurers on notice of a potential claim. This coverage makes sure you have additional protection if the responsible driver’s insurance falls short.

What Should You Do Right After an Uber or Lyft Car Accident?

Taking action right after an Uber or Lyft car accident not only protects your rights, but also starts the foundation of a strong personal injury case. Knowing what to do right after a crash can expedite the claims process and maximize your recovery against the at-fault driver.

• Gather Information - After an Uber or Lyft car accident, collect the driver’s full name, contact information, and insurance details. If you were a passenger, ask the driver to show their rideshare app status to verify their phase of coverage. Knowing whether they were en route or waiting for a ride request will determine which insurance policy applies.
• Document the Car Accident Scene - Use your cell phone to take pictures of the accident scene, vehicles involved, traffic signs, and any damage to the vehicles. If your accident was in a busy area like Alexander Street or Henrietta Plaza, try to capture details of traffic conditions.
• Request a Police Report - Call the Rochester Police Department or Monroe County Sheriff’s Office to the scene. Confirm their report includes statements from all the drivers involved. If there were witnesses, try to obtain their contact information and advise the responding officer so they can note the witnesses in the police report.
• Notify Uber or Lyft - After you’ve had a chance to get medical treatment report the accident to Uber or Lyft using their or call their customer service line. They will document the incident and thereafter work on opening a claim with their insurance company. Directly reporting the accident to Uber or Lyft will expedite the claims process by getting them involved early.

Specific Challenges to Rochester Uber and Lyft Accidents

Rochester’s traffic patterns, weather conditions, and congested downtown areas can add an additional layer of complexity to Uber and Lyft car accidents. Anticipating these challenges will help guide you after the accident in terms of what evidence you need to obtain:

• Establishing Driver Status: Uber or Lyft insurance coverage depends on the driver’s status, e.g., whether they were waiting for a ride, on their way to pick someone up, or transporting a passenger. Confirming the status of the driver will determine what type of coverage you have access to for compensation. If the accident happened while the driver waited for a ride on East Ridge Road, only limited coverage applies. But if they were actively driving you to your destination, the full $1,000,000 policy would be available.
• Road Conditions and Driver Experience: Winter weather in western New York poses risks specific to this area of the country. Your Uber or Lyft driver may have just moved here, or is unfamiliar with driving in snowy conditions or on icy roads. If the driver failed to exercise caution and drove in excess of the conditions it can establish negligence.
• Negotiating with Large Corporations: Uber and Lyft are large companies with a stable full of lawyers who handle claims, and emphasis paying minimal amounts. If Uber or Lyft’s insurance adjusters contact you, hold off speaking with them until you’ve had a chance to consult with an experienced rideshare lawyer at Horn Wright, LLP.

What Damages Can You Recover After a Rochester Uber or Lyft Car Accident?

If you were injured after an Uber or Lyft accident in Rochester you can pursue multiple types of damages:

• Medical Expenses - Medical expenses often form the largest part of a Lyft or Uber car accident claim.
• Lost Wages - Severe injuries can prevent you from working, so you’ll need to pursue compensation for time away from work due for medical appointments, medical treatment, and recovery.
• Pain and Suffering - If your injuries meet New York’s “serious injury” threshold, you can pursue compensation for pain and suffering against the at-fault driver.

Protect Your Rights With An Experienced Rochester Rideshare Lawyer 

The key to getting compensated after a Rochester Uber or Lyft accident is understanding the structure and layers of insurance coverage involved. At Horn Wright, LLP, we’ve helped countless rideshare accident victims in Rochester navigate these challenges. We know the intricacies of Uber and Lyft insurance policies, and fight to ensure our clients are fully compensated for their injuries and damages. Don’t settle for less—call Horn Wright, LLP today and take the first step toward recovering what you deserve.