Need Help? NY Uber Accident Lawyer helping serious injury victims and families
Many New York City residents rely on ridesharing companies to help them get around. This saves time, money, and the hassle of owning and driving a car – but it also puts you at the mercy of your driver. New Yorkers sustain injuries each year in accidents involving Uber. If you’re dealing with medical bills, lost wages, or fruitless conversations with insurance companies following an accident, you have legal options and rights. Contact the attorneys at Frekhtman & Associates and learn if a negligent party owes you compensation for your medical bills, lost wages, emotional distress, and pain & suffering. The legal team at F&A handles motor vehicle accidents throughout New York City including Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau County, Suffolk County, and surrounding areas.
Ridesharing companies work a little differently. While Uber requires their rideshare driver to carry certain insurance limits while actively transporting a passenger, they also try to shield themselves from liability by hiring their drivers as independent contractors, not employees. When an Uber driver is off-duty, they use their own automobile insurance company, which likely provides much less coverage. Sometimes the Uber driver’s insurance is not enough to cover medical bills, lost wages, and bodily injury in the event of an accident.
It is important to note if the rideshare driver was logged into the rideshare app either because the ridesharing driver was en route to pick up an Uber passenger after a ride request or because the driver was actively on a trip at the time of the crash. Courts have held that being logged into the Uber or Lyft app after a ride request will likely allow injury victims to pursue the rideshare company or Uber’s insurance which is much greater than the driver’s personal insurance policy. Consulting an Uber or Lyft accident attorney familiar with these details can prove very helpful. The rideshare company wants to prove their driver was an independent contractor to avoid liability so having your own attorney is essential.
Hiring Uber drivers as independent contractors help distance the companies from their drivers’ actions. This makes liability murky. For this reason, accidents involving rideshare drivers require a knowledgeable Uber accident attorney. Contacting Frekhtman & Associates as soon as possible following your accident will help maximize your chances of gaining fair compensation for your injuries.
Accidents Involving Taxis
Accidents with taxis and accidents involving ridesharing companies are different in terms of liability. Taxi companies and car service vehicles carry liability insurance and filing a claim is generally easier after a taxi accident. If you are a passenger in a taxi and you’re involved in an accident, you don’t have to prove the driver was “at fault” for your injuries. If the taxi hits another car, you can file a claim against both drivers’ insurance companies to pay for damages.
If you’re driving and hit a taxi cab, it functions much like a two-car accident case. To file a claim to pay for damages, you must prove the taxi driver is at fault for your injuries.
In either case, it’s essential to hire an attorney to help you with this process. Insurance companies pay as little on a claim as possible and will likely give you a lowball offer. Getting an attorney involved shows you’re serious about receiving compensation, and we can negotiate on your behalf to achieve a fair settlement. If you’re involved in an accident with a taxi, we recommend seeking immediate legal advice.
Why Should I Contact a Personal Injury Attorney After an Uber or Lyft Accident?
It may be in your best interest to contact an experienced injury lawyer after a rideshare accident with an Uber or Lyft driver for a number of reasons:
Speaking with insurance adjusters on your own can be quite difficult. Very often an adjuster will not disclose liability coverage policy limits for the Uber vehicle even if that car was at fault and Uber’s insurance provider has substantial limits. In fact, Uber provides drivers with $1,000,000.00 in commercial auto insurance coverage and $1 million in uninsured/underinsured motorist coverage. Some trial lawyers have found more layers of insurance coverage known as umbrella beyond the first layer of $1 million. While New York State law does have Insurance Law 4520(f) requiring insurance companies to provide policy limit information, adjusters often hide this information even from some lawyers, so they will not easily give it out to Uber accident victims.
2. Negotiating a claim with the adjuster on your own is not a fair and level playing field especially when you do not know the insurance coverage involved. After a serious car accident, injury victims need to focus on their health and wellness not on fighting an unfair battle an accident victim cannot win against a billion-dollar insurance behemoth.
3. As someone who got into an accident with a ridesharing service for the first time, you simply should not and will not know what your Uber accident case may be worth. An experienced personal injury law firm will be there to guide you and provide sound advice based on many years of experience winning financial compensation via settlements and jury trial verdicts in New York.
4. The rideshare company may try to disclaim liability or insurance coverage by arguing their driver was not logged into the Uber app. An experienced attorney from a trusted law office will be invaluable in obtaining all relevant document discovery including electronically stored information (ESI) to prove your case. Your attorney will also fight for maximum economic damages as well as noneconomic or human losses to cover all your pain and suffering.
5. An Uber or Lyft accident in New York State will involve both the No-Fault insurance statutory limit of $50,000 also known as Personal Injury Protection (PIP) as well as the liability insurance policy. This means that all of your medical care up to $50k will be paid by the vehicle you are sitting in at the accident scene. In cases of pedestrian knockdowns, the vehicle that hit you will provide No-Fault coverage. With respect to bodily injury, you can obtain compensation from any at-fault driver as long as you prove a serious injury under Insurance Law 5102(d).
Who is at fault after an NYC Uber Accident?
Fault or liability is determined on a case-by-case basis and is determined by the facts of your motor vehicle accident. Fault can be proven by dashcam footage, video, witness statements, the testimony of anyone involved in the collision, and other sources. Under NY law someone is negligent if they failed to act with reasonable care which an Uber or Lyft accident lawyer can prove by showing a driver failed to see what there was to be seen, disregarded a stop sign or red light, violated a Vehicle and Traffic Law (VTL) provision, failed to keep the other car under constant observation, failure to keep the rideshare vehicle under control, and other ways to prove a driver’s negligence after an auto accident. Many different players in an Uber accident claim may be negligent including:
Another way to evaluate damages is from the viewpoint of the injured party. An injured passenger can sue both the vehicle he or she is sitting in as well as the other car while an injured driver can only sue the other vehicle involved.
It is best to consult with a rideshare accident lawyer to fully learn and understand your legal rights as well as the value of your injury claim. A dedicated personal injury lawyer is assigned to each client at our firm so everyone receives personal attention.
What damages can I recover if I am injured in an Uber Accident in New York City?
If you are injured in an NYC Uber car accident, the ridesharing company and other responsible parties may be liable for monetary damages which can include:
pain and suffering; loss of enjoyment of life; decreased quality of life; bodily injury
lost income; lost wages; reduced earning capacity
cost of medical care and other medical bills; future medical expenses for physical therapy, prescription medications, surgery, etc.
emotional distress; mental anguish and emotional trauma
loss of consortium
property damage to your vehicle after a motor vehicle accident
punitive damages in rare cases of egregious conduct
In cases of fatal car accidents, NY’s wrongful death law allows for statutory damages.
There can be other damages after an Uber crash so it is best to evaluate all of the facts about your personal injury claim with an experienced trial attorney.
Contact NYC Ridesharing Accident Lawyers
Like after an accident, your first step after a rideshare service crash should be to seek immediate medical attention. This not only gets you on the road to recovery, it also creates an official medical record of your injuries that will be very helpful for your personal injury lawsuit. With law offices in Brooklyn, Manhattan, the Bronx, and Queens, the legal team at F&A injury lawyers specializes in the preparation and trial of serious and catastrophic injury matters.
When you’re feeling better, ask to add a statement to the police report. While police reports are often inadmissible if a case goes to trial, both insurance companies and attorneys use them to try to piece together what happened after an accident. Having your version of events in an official police report could prove valuable to your case.
The representation of individuals who were seriously or catastrophically injured as a result of negligence is one of the most rewarding fields of law that we have the privilege to practice. Our attorneys and support staff love what we do. Our team works hard and dedicates itself to achieve the best possible compensation for our clients.
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