December 9, 2024
Rideshare Accidents in New York: Advice on What to Do Next
If you’ve ever taken a ride with Uber, Lyft, or any other rideshare service, you’ve probably felt pretty safe. After all, the drivers are supposed to know what they’re doing, and the companies make sure that both the driver and the car are good to go, right? But what happens if you’re in an accident while using a rideshare service? The situation can get pretty complicated, especially in a city like New York where rideshare accidents are common.
In New York, the law requires that when a car accident happens, the person or party at fault is responsible for paying for damages and medical bills. But even though the law stipulates you, you should not expect the compensation to land on your laps on a platter of gold. Sometimes, you would have to fight for the compensation that is owed to you.
In other words, you would need a rideshare accident attorney in New York to guide you if you ever find yourself in such a situation.
The Complexity of Rideshare Accident Cases
One of the biggest differences between regular car accidents and rideshare accidents is the insurance coverage.
As a New York resident, you need to know that rideshare companies are required by law to provide minimum levels of insurance for their drivers. Uber and Lyft both have coverage in New York, but it’s still important to check what kind of coverage applies to your situation.
Driver’s Personal Insurance
When the rideshare driver isn’t working (meaning they’re not transporting a passenger or waiting for a ride request), their personal car insurance usually covers any accidents they cause. However personal car insurance might not be enough to cover the costs of a crash if the driver was speeding or at fault in another way.
Rideshare Insurance
When the rideshare driver is on the job, either on their way to pick up a passenger or already driving a passenger, rideshare companies like Uber or Lyft have insurance that covers the driver, passengers, and even other people involved in the crash.
However, the coverage varies depending on what stage the driver is in. For example, if the driver is waiting for a passenger request and gets into an accident, the insurance might be less than if they’re actively transporting someone.
Third-Party Insurance
If another driver causes the accident, their insurance might cover the damage. This could be their personal car insurance, or, if they were at fault for the crash, their insurance company could be held liable for the damages.
It typically gets complicated at this point because sometimes the other driver’s insurance company doesn’t want to take responsibility, or there’s a dispute about who was really at fault.
New York’s No-Fault Insurance System
New York has a no-fault insurance system, which means that if you’re injured in a car accident, whether it’s a regular car crash or a rideshare accident, your own car insurance company is supposed to cover your medical expenses and lost wages up to a certain amount.
But here’s where it gets a bit complicated for rideshare passengers:
● No-Fault Doesn’t Always Apply to Rideshare Passengers: When you’re in an Uber or Lyft, the insurance from the rideshare company usually comes into play, but there are special rules about how no-fault insurance works. If you’re injured in a rideshare accident, your own car insurance might not cover your medical bills if you’re not in your own car. This means you could be left waiting for the rideshare company’s insurance to kick in, and it’s not always as quick as it should be.
● Pain and Suffering: If you’re seriously injured in a rideshare accident, New York’s no-fault system limits how much you can get for things like pain and suffering. However, if your injuries are severe (like broken bones, long-term pain, or permanent damage), you may be able to sue for additional compensation. This is where things can get even more complicated. It may require a lawyer to figure out if you can go beyond the no-fault limits.
What You Need to Do After a Rideshare Accident: Hire a Lawyer!
A rideshare accident attorney in New York serves as an important ally for victims involved in ridesharing accidents. They have the experience and knowledge to handle the peculiar challenges of rideshare claims.
Your attorney will play the role of an investigator by carrying out his investigations of the accident thoroughly. They will gather evidence, and identify all liable parties. Next, they will communicate with the insurance companies on your behalf, ensuring that you are not misled or pressured into accepting an unfair or less settlement.
Additionally, your attorney can help you recover damages for medical bills, lost income, pain and suffering, and other losses that must have resulted from the rideshare accident.
If necessary, your attorney can further escalate your case to court, to fight for the compensation that you deserve. As a rideshare accident victim, your focus should be on recovering from the accident, while your attorney handles the legal aspect.