After an Uber or Lyft rideshare accident, you could seek compensation for your losses. However, financial responsibility for the harm caused by a rideshare accident can be challenging to determine since these cases depend to a large degree on the ridesharing status of the other driver at the time of your accident.
A lawyer from Friedman & Simon, L.L.P. will sort out all the complex and technical details so you will know where you stand and understand your options for going forward with a claim or lawsuit.
Understanding Rideshare Accident Claims
Rideshare accidents differ from other car accidents when it comes to filing injury claims.
That is, in most car accidents, injured victims file a claim with the other party’s insurer. In rideshare accidents, the injured victim may need to file a claim with Uber or Lyft’s insurance.
Uber and Lyft Insurance Coverage
- Third-party liability coverage
- Bodily injury protection coverage
- Uninsured motorist coverage
However, coverage is dependent upon the level of rideshare activity the Uber or Lyft driver was engaged in at the time of the accident and only applies if all requirements are met.
Liability in Rideshare Drivers
Uber and Lyft drivers are not employees of the rideshare companies. Instead, they are general contractors who are expected to keep their own insurance plan for their rideshare vehicle.
When the rideshare driver gets into an accident that harms other people, their insurer could be responsible for the damages. If the accident victim’s injuries are extensive and exceed the rideshare driver’s insurance limits, then Uber or Lyft could also be held liable.
Liability in Rideshare Companies
Because Uber and Lyft do not employ their drivers, they are not always held liable in the event of a rideshare accident. In fact, if the other driver was not actively working for Uber or Lyft at the time of the accident, the rideshare service would not be liable in any capacity.
A lawyer from our firm will evaluate the other driver’s role in your accident, determine who should pay for your losses, and explain your options.
For a free legal consultation with a uber and lyft ridesharing accidents lawyer serving Huntington, call 516-932-0400
How No-Fault Laws Affect Your Injury Claim
New York’s no-fault law addressing the costs created by automobile collision injuries means that car accident victims file claims for an initial level of medical expenses and lost wages resulting from the accident with the insurance carrier of the car they were in at the time of the accident, no matter who was at fault. A discussion of the no-fault laws work can be found at the New York State Department of Financial Services (NYSDFS) website.
In an accident involving a rideshare vehicle who you will file your claim for medical expenses with may depend on whether you were a rider or driver:
- If you were a rider, you may need to file for no-fault benefits with the rideshare driver’s insurance,(if the underlying vehicle insurance policy has an exclusion for rideshare passengers’ no-fault claims;)
- If you were a driver, you will file with your own insurance carrier’s no-fault if you were off-the-app and with workers compensation if you were on the app. (Unfortunately, covering these benefits is often the subject of dispute between the No-Fault and Workers Compensation carriers, riding on the issue of whether the driver was on or off the app at the time of the accident.
A Huntington Uber and Lyft ridesharing accident lawyer with our firm will explain the laws that affect your claim in greater detail. (These FAQs from the NYS Dept. of Financial Services may also be helpful.)
Huntington Uber and Lyft Ridesharing Accident Lawyer Near Me 516-932-0400
Recoverable Damages in Car Accident Claims
The degree of damages you sustained determines the amount of compensation your lawyer will seek in your claim or lawsuit. The damages that support your injury case will depend on how the accident affected you.
The amount of a settlement reached or a verdict obtained in a personal injury claim or lawsuit brought on your behalf after a ridesharing accident could take into account:
- Medical costs: during the initial treatment, recovery, and in the future
- Lost wages: which could include employer benefits, like health insurance and 401k earnings
- Pain and suffering: for all the emotional trauma and difficulties caused by the accident and the resulting injuries accident
- Wrongful death: for those who lost their lives due to a preventable accident
Factors that Play a role in Ridesharing Accident Injury Claims
It is important to keep in mind that not all accidents will lead to settlements. Here are some of the factors that will affect the outcome of your claim.
To recover compensation, you will need to prove how another party acted negligently.
For instance, if the rideshare driver was texting while driving, this behavior would almost certainly be considered negligence. This means they were acting carelessly toward you.
The Extent of Your Injuries
Serious injuries tend to require more extensive care, leading to high medical costs. The severity of your injuries will factor into the overall value of your case. Basically, the more severe your injuries, the greater the potential value of your case.
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How a Huntington Uber and Lyft Ridesharing Accident Lawyer will Help
A Huntington Uber and Lyft ridesharing accident lawyer from Friedman & Simon, L.L.P. will provide guidance and support during your claim, from the smallest tasks to the greatest. This includes:
- Keeping you updated on your case
- Naming liable parties
- Communicating with all parties on your behalf
- Collecting necessary evidence
- Determining a value for your case
- Fighting to win the best possible outcome for you
Reach out to Friedman & Simon L.L.P. after an Uber or Lyft Accident
At Friedman & Simon, L.L.P, our Huntington Uber and Lyft ridesharing accident lawyer will become your legal advocate and work to secure an appropriate settlement or verdict that reflects how the accident has affected you.
Call us today to get started with a free consultation at (516) 932-0400. We have a multilingual staff that can communicate with you in Spanish, Greek, Bengali, Tamil, and Kannada.