When you’re injured in a motor vehicle accident, whether as a passenger or a pedestrian, you can usually obtain compensation from the driver who injured you. What can you do if the driver responsible for your injuries was an Uber or Lyft driver? Can you sue the rideshare service for negligence on the part of their driver?
In New York City, you cannot generally sue a rideshare service for the actions of their drivers. However, Uber and Lyft do provide their drivers with insurance policies that can provide you with compensation in the event of a car accident.
Why Can’t I Sue Uber or Lyft for Their Driver’s Negligence?
In an accident with a commercial vehicle such as a company car or a semi-truck, you can often sue the employer for the negligent actions of their employee. However, this principle does not apply to car accidents involving Uber or Lyft drivers because Uber and Lyft drivers are not employees of the rideshare service. They are independent contractors, and the rideshare service merely facilitates the interaction between you and the driver. That’s why you can’t sue Uber or Lyft when you have a personal injury case against one of their drivers.
Who Can I File My Personal Injury Claim With?
Even though you can’t file a lawsuit against Uber or Lyft for their driver’s negligence, you can still file a personal injury claim against the insurance the rideshare companies provide. All Uber and Lyft drivers in New York must carry their own TLC (New York City Taxi and Limousine Commission) insurance coverage as well as Uber’s insurance plan. The driver’s own insurance covers them whenever they are offline with Uber or Lyft.
If the driver is online and waiting for a trip, Uber provides:
- $50,000 coverage per person for personal injuries
- $100,000 per accident
- $25,000 for property damage
If the driver is en route or on a trip outside New York City boundaries when the accident occurs, then Uber provides $1 million for injuries and property damage. Lyft’s coverage is similar.
What to Do If You’re Injured in an Uber or Lyft Accident in New York City
The steps you should take after a rideshare accident in New York City include:
- Call 911 to notify law enforcement. When an officer responds, tell them what happened. The police report will be important when you file your personal injury claim.
- Take photographs or record a video to document any injuries and any damage to the vehicles involved.
- Ask eyewitnesses for their contact details.
- Exchange information with the Uber or Lyft driver involved in the accident.
- Get medical attention. Be sure to go to your doctor or an emergency room immediately, even if you think you weren’t severely hurt. Your medical records will provide important evidence when you file your claim.
- Contact a personal injury lawyer experienced with rideshare accident cases.
- Keep all medical bills, letters from the insurance company, and other paperwork related to the accident.
Compensation for a Rideshare Accident in New York City
Because New York is a no-fault state, the personal injury protection (PIP) coverage from your own auto policy may pay for medical expenses and wage loss up to the policy limit. If you were a pedestrian with no auto insurance coverage, the rideshare driver’s PIP may provide coverage.
Every personal injury case is different, but the value of your case always depends on the extent of your losses. Pedestrians hit by a motor vehicle are more likely to suffer catastrophic injuries, so their cases may result in larger settlements than passengers in a motor vehicle. However, either type of accident can result in a settlement if you suffer accident-related losses.
Contact a New York Rideshare Accident Lawyer Immediately
Don’t wait. Contact a New York City rideshare accident lawyer to get started on your personal injury case immediately. Jaroslawicz & Jaros, PLLC, has successfully represented many injured people like you, and has collected substantial compensation for them. Contact Jaroslawicz & Jaros, PLLC, to discuss your case today.
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