Ride-hailing apps have become increasingly popular in New York in recent years. Uber, Lyft, and other ridesharing companies have witnessed a rapid rise in their business and have taken away market share from traditional taxi services. But accidents involving ridesharing vehicles such as Uber or Lyft are not uncommon. Users of these services must know how they can be compensated if they suffer personal injuries in these accidents.
If you have suffered injuries in any way as a result of a ridesharing cab accident, you could be eligible to receive damages for your medical costs, lost income, and pain and suffering. Insurance and liability laws related to ridesharing app accidents are more complex, and you need legal guidance from a New York attorney with knowledge of these laws.
Insurance requirements in New York are designed to protect the people involved in rideshare accidents, which includes:
- The passengers of Uber or Lyft who suffered injuries
- The drivers of Uber or Lyft who were injured in a crash with another vehicle
- Motorcyclists, cyclists, and pedestrians hit by a ridesharing vehicle
- Drivers or passengers of other automobiles injured in a collision with a ridesharing app vehicle
Who is Liable for Your Injuries in an Uber or Lyft Accident in NYC?
When you are injured in an accident involving an Uber or Lyft in New York, it is important to determine who is responsible for your injuries. Your options to obtain compensation can vary depending on how the accident occurred, who caused it, what was your contribution (if any) to the crash, and what type of insurance coverage is available. Consider these possibilities in order to understand your options:
You were hit by an Uber or Lyft driver
If a rideshare app driver who was on a trip or was online caused an accident due to negligence, which resulted in your injuries, you may be able to file a claim against the insurance that covers that vehicle and driver at the time of the crash. Which policy that is depends on the driver’s status in the app and on where the trip was picked up, as explained below. No matter if you were a driver or passenger of another vehicle or a pedestrian, you can claim compensation in this way.
You were riding in an Uber or Lyft as a passenger
If you were injured on a ride as a passenger of Uber or Lyft, you could have the following options. If the accident occurred due to rideshare driver’s negligence, you may file your claim for compensation against the insurance that covers the rideshare vehicle. If another vehicle’s driver caused the accident, then you can file your claim against the at-fault driver’s insurance policy.
You were injured as a driver of Uber or Lyft
If you are an Uber or Lyft driver, and someone else’s negligence resulted in your accident and injuries while you were on the job, you could file a claim against the negligent driver. In addition, both Uber and Lyft may also provide insurance coverage for rider injury protection to support your costs of urgent medical care and short-term disability. If this policy is available, it could cover you even if the accident occurred because of your own negligence.
Whatever may be the circumstances of your Uber or Lyft accident in New York, you should consult with an experienced rideshare accident lawyer to evaluate your claim and determine what types of damages you might be eligible to obtain.
Insurance Law in New York for Ridesharing Apps
New York State imposes insurance requirements on ridesharing companies such as Uber and Lyft, which state law calls Transportation Network Companies, or TNCs. Under Vehicle and Traffic Law article 44-B, a TNC must maintain a group policy providing at least the following minimum coverage:
- Driver logged on to the app but not on a prearranged trip: at least $75,000 for bodily injury to or death of one person, and at least $150,000 for bodily injury to or death of two or more people (VTL § 1693).
- Driver engaged in a prearranged trip, which begins when the driver accepts the ride and ends when the passenger has been dropped off: at least $1.25 million for bodily injury, death, and destruction of property, plus $1.25 million in supplementary uninsured and underinsured motorist (SUM) coverage (VTL § 1693).
These minimums do not govern a trip picked up in New York City. Article 44-B does not authorize a TNC driver to pick up a passenger for a TNC prearranged trip in a city with a population of one million or more, which includes New York City, so a trip picked up in the five boroughs does not run on the TNC coverage tiers above; those tiers apply to a TNC prearranged trip picked up anywhere else in New York State. A trip picked up in the five boroughs is instead made by a for-hire vehicle licensed by the New York City Taxi and Limousine Commission, and the coverage that applies comes from the commercial policy the TLC requires for that vehicle rather than from a TNC group policy. Lyft states directly that for rides with TLC drivers originating in the five boroughs of New York City it does not procure insurance, and that those drivers carry their own policies. What matters is where the trip was picked up, not where the crash happened. If your trip was picked up in the five boroughs, do not assume a $1,000,000 rideshare policy is waiting. The reverse matters just as much: a trip picked up outside the city is not taken out of the TNC tiers merely because the vehicle drives into the city, because section 1700 speaks to where the passenger is picked up. Either way, the coverage has to be identified from the actual policies on the vehicle and the driver.
For a trip picked up outside New York City, a ridesharing company may carry more than the statutory minimum, and both major companies publish higher third-party liability limits. Uber states that a driver who is en route to a pickup or on a trip is covered by insurance of at least $1,000,000 for property damage and injuries to riders and third parties in a crash where the driver is at fault. Uber’s general insurance page states no New York City exception, so the five-borough limit above rests on the statute rather than on anything Uber publishes there. Lyft states that it maintains, in most markets, at least $1,000,000 in third-party auto liability coverage while a driver is en route to a passenger or has a passenger in the car, plus first-party coverages that may include uninsured motorist, underinsured motorist, PIP, MedPay, or occupational accident coverage. That qualifier is Lyft’s and does not describe Uber. What a company publishes can change and can vary by market, so the only reliable way to know what covers your crash is to have your lawyer obtain the coverage documents for that specific trip.
It is important to understand that on a trip picked up outside New York City, article 44-B means that even if the Uber or Lyft driver has not obtained insurance coverage of their own, the TNC’s group policy must still provide the required minimum coverage. The aim of this law is to protect anyone involved in an Uber or Lyft accident, including: (a) Uber or Lyft passengers; (b) Uber or Lyft drivers; and (c) other parties injured by a rideshare driver.
What Should You Do if You are Involved in a Rideshare Crash?
You should know the basic steps to follow if you are involved in ridesharing app accident in New York. Seek medical attention as soon as possible after the incident. Symptoms of injuries may not manifest immediately after an accident, so do not presume anything even if you are feeling fine. Get yourself medically evaluated.
Your second step should be to collect evidence, make notes, or document the incident as best as you can. If you are in a fit condition, you should take photographs or a make a video using your smartphone at the accident site. Record the position of the vehicles that collided, the roadway conditions, the damage to vehicle and property, and physical injuries.
If you find any eyewitnesses around the scene of accident, request for their contact details (without making any opinions or statements about the crash). Call law enforcement to report the accident, and request for a police report copy. Preserve all the medical bills and keep a record of the lost hours at work and other expenses related to your accident and injury.
Most importantly, speak to a New York Uber or Lyft personal injury attorney as soon as possible. Your attorney will handle all matters professionally on your behalf, systematically prepare the evidence, guide, and assist you at every step of the legal process, and negotiate with the insurance company for maximum compensation for you.
Legal Support for New York Ridesharing Drivers Injured in an Accident
Whether you are a full-time or part-time rideshare driver in New York, the job comes with a certain degree of risk. You may often be required to work at night or operate in areas that have a higher incidence of accidents. You also face constant risk from intoxicated or distracted drivers on the road. Some of the key risk factors for Uber and Lyft drivers in New York include:
Poor Visibility at Night
Nighttime visibility is relatively low, particularly in some areas of upstate New York. Road hazards such as dangerous drivers, debris on the road, or uneven pavement are difficult to identify during nighttime. For example, if a car driver or motorcyclist switches the lane without check the blind spot, the crash will be more difficult to avoid when the visibility is low.
Distracted or Fatigued Drivers
With the exploding popularity of social media and other smartphone apps, the number of accidents involving distracted drivers has rapidly grown in New York. A tired, sleepy or inattentive driver poses a serious risk to rideshare drivers and passengers.
Reckless Driving
Speeding and other types of reckless driving can result in serious accidents and catastrophic injuries to Uber and Lyft drivers. The impact of a speeding vehicle can be far more devastating when it hits the other party. The rideshare driver or passenger may suffer from major injuries, including spinal cord injury, traumatic brain injury, internal organ damage, and fractured bones.
Drunk Driving
Driving under the influence is a serious and continuing risk for rideshare drivers in New York. Drunk driving incidents are more common during nighttime and particularly on weekends and holidays. Many Uber or Lyft drivers suffer from injuries because of the fault of an intoxicated driver.
If you have sustained injuries on the job as a ridesharing driver in New York, you may be entitled to receive compensation for your medical bills, lost wages, pain and suffering, and more. Get legal help from an accomplished Uber and Lyft accident attorney in New York who will establish a strong case to hold the at-fault parties liable for your injuries and seek full and fair compensation.
Consult with a Seasoned New York Ridesharing Accident Lawyer Today
If you or someone you love has been involved in an Uber or Lyft accident in New York and suffered injuries due to another’s fault, you have a right to obtain damages. The knowledgeable rideshare personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff will fight the legal case on your behalf and help you achieve your rightful compensation.
We know how to negotiate with the insurance companies that aggressively represent Uber and Lyft, and we will present robust evidence to establish their liability. You will not have to pay us anything until we have obtained compensation on your behalf. To schedule a free consultation with one of our lawyers, call us at 212-344-1000 today.
