The popularity of rideshare services such as Uber and Lyft has grown exponentially recently. In 2021, there were over 6.9 billion Uber rides taken worldwide. However, with new technology and growth come new challenges. According to a University of Chicago study, rideshare services have led to an estimated 3 percent rise in the number of motor vehicle fatalities and accidents.
If you were injured in a rideshare accident, don’t hesitate to reach out to Uber and Lyft accident lawyers who have experience in handling rideshare accident cases. At Kucher Law Group, our Brooklyn rideshare accident lawyers can diligently investigate your case, gather evidence, and work tirelessly to build a strong claim on your behalf. We may be able to negotiate with the insurance companies on your behalf, ensuring that your rights are protected. Schedule a consultation today at (929) 563-6780.
What Are Your Rights After an Uber or Lyft Accident?
If you have been in a rideshare accident, you probably have many questions. What are your legal rights? Can you file a lawsuit against one or either of these companies? If you are the victim of an accident, you always have the right to make legal claims. You may also be entitled to damages.
Damages Could Help With:
• Medical bills
• The loss of ability to earn income
• Loss of wages
• Pain and suffering
• Wrongful death
As a victim, your best course of action may involve hiring a personal injury attorney. Your attorney will represent your interests with the insurance companies. Moreover, your lawyer can help you build a solid case against a corporation such as Uber or Lyft.
Can I File a Lawsuit Against Uber or Lyft Following a Car Accident?
Ridesharing companies like Uber and Lyft are not legally considered employers of their drivers. Drivers are classified as independent contractors, not employees. This means there is no formal employer-employee relationship between the companies and drivers.
Because of the independent contractor status, you generally cannot pursue a lawsuit against Uber or Lyft directly after being injured in an accident involving one of their drivers. The legal doctrine of respondeat superior, which holds employers liable for wrongful acts of employees, does not apply since drivers are not classified as employees.
Who Can Be Sued After an Uber or Lyft Accident in New York City?
Even though Uber and Lyft cannot be sued directly, other parties can be held liable for your injuries and damages. The most common defendant is the negligent driver who caused the accident, whether it was the Uber/Lyft driver or another motorist.
You can sue any driver that was responsible for the crash due to negligent behavior like speeding, distracted driving, running a red light, etc. If multiple drivers were negligent, you may be able to pursue lawsuits against several defendants. For example, if your Lyft driver and another motorist both contributed to the accident through negligent driving, you could potentially sue both.
An experienced rideshare accident attorney can help determine all potentially liable parties based on the specific circumstances of your accident. Suing all at-fault parties maximizes the potential compensation you can recover.
Can I Sue Uber as a Driver?
If you are an Uber driver in New York and got injured in an accident that wasn’t your fault, suing Uber is typically not an option. As an Uber driver, you are classified as an independent contractor rather than an employee. This classification means you don’t have the same legal rights to sue your contracting company as employees do with their employers.
However, Uber does provide significant insurance coverage for its drivers. This insurance is meant to help cover accident-related costs while you are logged into the app and engaged in driving activities. If you are injured, you can file a claim against an applicable insurance policy to secure compensation for damages and medical expenses incurred due to the accident.
In cases where the accident was caused by another party and the injuries are serious, you have the right to file a lawsuit against the person responsible. This can be an important step, especially if the compensation from Uber’s insurance does not fully cover your losses or if there are other damages that need to be addressed, such as long-term medical care or loss of income.
Facing a legal matter, especially after being involved in a car accident, can be daunting. However, understanding your rights and the protections available to you as an Uber driver is the first step towards ensuring you receive the compensation you deserve for any injuries sustained.
What are the Most Common Reasons Uber or Lyft are Sued?
Negligence is the primary reason that lawsuits are filed against Lyft or Uber. Uber and Lyft drivers may be financially motivated by delivering and picking up passengers expediently. This can lead to a lack of care and negligence on the road.
Proving negligence can be complex. An attorney can assist you as you proceed with filing claims and building your lawsuit. For instance, your attorney would be able to uncover whether the driver at fault had a history of reckless driving, drunk driving, or traffic offenses.
There could also be negligence on the part of Uber or Lyft. How well were drivers trained? Were all drivers screened thoroughly before the start of their employment? These are important questions that may impact your case outcome.
Do Rideshare Companies Have Insurance?
Yes, rideshare drivers and companies are required to carry a minimum amount of liability insurance. In NYC, $1 million in liability coverage may be required. Outside of New York City, in other areas of the state, this amount can be as high as $1.25 million. These policies are in place to provide coverage for anyone injured in a collision. Insurance laws can vary from state to state.
Whose Insurance Covers an Uber or Lyft Accident?
In an accident involving an Uber/Lyft driver, there are several possible sources of insurance coverage:
- The driver’s personal auto insurance policy
- Any supplemental commercial policy that drivers must carry while transporting passengers
- Additional coverage provided by Uber/Lyft while drivers are on-trip
Uber and Lyft provide drivers with commercial policies that specifically cover accidents occurring while transporting passengers. This policy provides substantially higher coverage limits compared to a personal auto policy.
Depending on the situation, you may be able to make claims against the driver’s personal policy, the rideshare commercial policy, and the additional coverage provided by Uber/Lyft. An experienced attorney can help identify all applicable policies and make appropriate claims.
Limitations on Rideshare Accident Coverage
While Uber and Lyft provide supplemental coverage for accidents during trips, there are limitations:
- The driver must have a passenger or be en route to pick up a passenger. No coverage is provided if the driver does not have a booked ride.
- The Uber/Lyft app must be turned on. The company will deny claims if the driver went offline and turned off the app before the accident occurred.
- The driver must carry adequate personal auto insurance. Uber/Lyft will not cover accidents for uninsured drivers.
If any of these conditions are not met, the rideshare company may attempt to deny insurance coverage and liability for the accident. An experienced rideshare accident attorney can argue against wrongful denials and fight to obtain coverage for your injuries.
Limitation | Description |
---|---|
Passenger or En Route | Coverage is provided only when the driver has a passenger in the vehicle or is en route to pick up a passenger. No coverage if the driver doesn’t have a booked ride. |
App Must Be Turned On | Uber/Lyft’s coverage is applicable only if the rideshare app is turned on at the time of the accident. Claims may be denied if the driver went offline before the accident. |
Adequate Personal Auto Insurance | Drivers must carry their own adequate personal auto insurance. Uber/Lyft won’t cover accidents for drivers who are uninsured. |
Hire a Skilled New York Rideshare Accident Lawyer! Call Now.
Every lawsuit is different. If your injuries meet New York state legal requirements regarding severity, you may be able to file a lawsuit. Careless, negligent, and reckless drivers should be held accountable for their actions. Allow one of our New York rideshare accident lawyers to assist you now! We proudly serve clients in Brooklyn, New York City, and beyond. Contact us and schedule a free consultation today at (929) 563-6780.