What happens if another driver was responsible for your rideshare accident when you were a passenger depends on the extent of your damages. If you were hurt in a car accident while on a rideshare trip, you most likely will have coverage under the rideshare company’s personal injury protection (PIP) policy.
The third-party driver may also be liable for your injuries under their liability insurance policy if the damages you suffered exceed certain limits. Through a personal injury claim or lawsuit, you could recover financial compensation for damages such as medical expenses, lost wages from missed work, pain and suffering and other damages..
Rideshare Accidents Often Result in Additional Complications
Ridesharing has become increasingly popular in the United States and throughout the modern world. A study conducted by the Pew Research Center found that approximately 36 percent of U.S. adults had used a rideshare service as of 2018.
While ridesharing is a convenient way to travel, unfortunately not every rideshare vehicle reaches its destination without incident. In fact, collisions involving rideshare vehicles are not uncommon. Sometimes the fault for a rideshare crash lies with the rideshare driver, but another driver may be to blame or it may be that the accident was caused by the actions, or failures to take correct action, of more than one driver. .
What happens if another driver was responsible for a rideshare accident when you were a passenger can be challenging to determine due to the multiple drivers and insurance policies involved. New York law requires all drivers to have coverage in case of a collision, and rideshare companies enforce this of their drivers, as well.
Further, rideshare companies provide additional coverage for their drivers in certain situations—particularly when a collision occurs while a trip is in progress. If you or a loved one was injured while riding in a rideshare vehicle, you are likely entitled to compensation for the resulting damages.
For a free legal consultation, call 516-932-0400
Seeking Compensation After a Rideshare Accident
After suffering injuries as a passenger in a rideshare collision, you may wonder where to turn for compensation. The first source is filing a claim under the rideshare company’s PIP policy.
However, if the financial damages were above a certain amount or the physical injuries you suffered were or may become what the law terms, “serious,”, you may also be able to file a claim or lawsuit against the liable driver, as New York Insurance Law § 5104 outlines.
When taking this second route, you will need to prove the other driver’s negligence and liability to succeed. There are four main components of negligence in a personal injury lawsuit:
- Duty – The defendant, meaning the party you believe to be at fault for the accident, had a “duty of care” or legal responsibility to act a certain way. Drivers have a duty to follow traffic laws, signs, and signals and exercise reasonable caution.
- Breach of Duty – The defendant breached or violated this duty, meaning they failed to take actions that a reasonable person would have taken in the same circumstances. If the defendant’s actions do not meet the reasonable person standard, they may be considered negligent.
- Causation – The defendant’s negligent actions caused your injuries. Proving the relationship between your injuries and the defendant’s conduct may be more difficult than it seems. The defendant or the defendant’s insurance company may argue that your injuries were pre-existing.
- Damages – To be eligible for compensation through a personal injury claim, you must demonstrate that your injuries have caused damages such as lost income and medical bills.
Contact Friedman & Simon, L.L.P. for Help
If you were hurt in a rideshare accident because of another driver, you may want help weighing your options and navigating the recovery process. The team at Friedman & Simon, L.L.P. can help you construct a robust case.
Our team will:
- Keep you well-informed about your case
- Identify the party who is liable for the collision
- Communicate with the at-fault driver, insurance company, and other parties for you
- Compile evidence to support your claim
- Ascertain a value for your case
- Fight relentlessly to win the best possible outcome for you
Call for a Free Consultation
Successfully recovering compensation after a rideshare accident may be more complicated than pursuing a typical collision case. Friedman & Simon, L.L.P. understands the complexities involved in rideshare accident injury cases. Our team will help you understand your legal options and build a strong claim for damages.
According to New York Civil Practice Laws & Rules § 214, there are limitations to when an individual can bring a personal injury lawsuit against a negligent party. There are also other deadlines to be aware of, so it is important to act quickly. In addition to legal deadlines, practical considerations make swift action most prudent as well. Evidence such as statements from witnesses and video footage from dash-cam and surveillance cameras is best obtained as soon as possible, as they can become unavailable for a wide variety of reasons. All in all, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Call (516) 932-0400 now for a free, confidential case assessment with our firm.