In some cases, you will be able to file a lawsuit against Uber or Lyft for your accident. Many factors play a role in determining liability and a victim’s legal options after a rideshare collision. In addition, the way these cases proceed is still evolving, which often makes navigating them complex.
Rideshare drivers and companies are required to carry auto liability insurance policies to provide coverage for those injured in collisions. It is not always necessary to file a lawsuit to recover compensation.
This is especially true if you were a passenger in the rideshare or if the rideshare driver was matched with a rider at the time of the collision. These rideshare companies generally provide $1 million in liability coverage in these instances and in New York State, outside of New York City, this amount is $1.25 million.
Suing the Rideshare Company Is Possible Under Some Circumstances
One of the reasons a victim may file a lawsuit against Uber or Lyft for an accident is to prove that the rideshare company acted negligently, and this led to the accident and your injuries. These cases generally rely on negligent hiring of the driver, negligent retention of the driver, or a similar claim.
For example, imagine you found out that the rideshare driver who caused your accident had a history of reckless driving, drunk driving, or other serious traffic offenses. If the rideshare company knew this but hired them anyway, or if they failed to run a background check to uncover this information, this could be evidence of negligent hiring.
As of the time this article is being written, Uber and Lyft do not provide significant safety training or evaluate their drivers’ abilities behind the wheel before hiring. Arguably, this may be another source of negligence on the part of the rideshare company that resulted in the harm the injured person has suffered. It is best to work with a lawyer familiar with these cases who knows what to look for to determine your legal options.
Filing a Lawsuit Against the At-Fault Driver
A person injured by the negligent operation of a vehicle by a rideshare driver, whether the injured person is a rider (passenger,) pedestrian, bicyclist, motorcyclist, or the driver or passenger of another vehicle, has the right to make a claim and, if the injuries meet New York State law requirements regarding the severity of an injury necessary to support a lawsuit, commence a legal action again the careless, reckless and negligent at-fault rideshare driver.
For a free legal consultation, call 516-932-0400
Working with a Rideshare Accident Attorney
In New York, the traffic accident and insurance rules are complicated, and victims may have options for seeking a payout. When you add the complexities of rideshare companies and their insurance coverage, you may want to work with a lawyer who will handle your claim on your behalf.
Keep in mind that New York Civil Practice Laws & Rules § 214 and other deadlines apply to personal injury lawsuits, so you should enlist legal representation and get started as soon as you are physically able to call us. In addition to this statute of limitations, practical considerations are also important concerns prompt and timely action. Evidence such as dash-cam and surveillance material as well as witness statements can become unavailable if not promptly obtained.
Uber and Lyft Provide Liability Auto Insurance for Drivers During Certain Times
When rideshare options were first available, there were many concerns about insurance coverage. Rideshare drivers had personal policies but used their vehicles for commercial purposes. This allowed their insurers to refuse to cover them following a rideshare-related collision. However, both Uber and Lyft now have similar insurance plans in place that ensure there is coverage available at all times.
The policy available for coverage depends on the rideshare driver’s stage at the time of the accident. This makes it difficult to know where to file your claim. For example, if you were hit by a rideshare driver who had just signed into the app but was not matched with a rider, their personal policy would provide the primary coverage.
The rideshare company also provides contingent coverage if the driver’s insurer denies the claim or the victim’s needs exceed the policy limits. Other phases of coverage include:
- When the driver is off the app, their personal insurance coverage is in effect.
- When the driver is matched with a rider or has a rider in the car, the $1,25 million liability policy provided by Uber or Lyft is the primary coverage, except in the City of New York.
Speak to a Friedman & Simon, L.L.P. Team Member About Your Case
Discuss your options for recovering compensation after a rideshare collision with a Friedman & Simon, L.L.P. team member today for free. We will meet with you on Long Island or elsewhere in the greater New York City area. Our passionate advocates for the injured include staff fluent in Spanish, Greek, Bengali, Tamil, and Kannada.
Call us to learn more today at (516) 932-0400.