Rideshare services like Lyft and Uber are commonly used by travelers all throughout the state of New York. Although these companies continue to grow in popularity, accidents involving negligent Lyft and Uber drivers are also increasing in the state. If you have been involved in an Uber or Lyft accident, you can file a claim to recover compensation for any injuries or damages you sustained.
One of the keys in any rideshare accident claim is ensuring that you are able to get the compensation that you deserve for your property damage, lost wages, medical bills, pain and suffering, and other losses. With this type of crash, you may be limited to the driver’s personal car insurance policy, or you may be able to access Uber or Lyft’s larger commercial general liability policy. Our attorneys will work to get you maximum compensation for your injuries.
At The Odierno Law Firm, our team of Long Island rideshare accident lawyers is committed to assisting clients with their accident claims. We have years of experience handling these types of cases, and we will walk you through the entire legal process to make sure your rights and interests are fully protected.
Why Do You Need a Lawyer for a Rideshare Accident?
If you are hurt in a collision with an Uber or Lyft, whether as a passenger, a driver, or a pedestrian, then it is important that you consult with a Long Island rideshare accident attorney as soon as possible. Even if the insurance adjuster tells you that they take full responsibility or offers you a settlement, you should still talk to a lawyer before giving a statement or signing any paperwork.
Uber and Lyft are massive corporations, and they are represented by even bigger insurance companies. They go to great lengths to protect their interests, which includes hiring teams of lawyers and adjusters to ensure that they pay out as little as possible on accident claims. Whenever possible, they try to deny legitimate claims, such as by arguing that the driver wasn’t working at the time or that the smaller commercial insurance policy should apply.
These companies operate in a bit of a gray area when it comes to legal responsibility for their drivers. Typically, employers are liable for the negligent actions of their employees that are performed in the course of their job. For example, if a driver working for a medical supplies company caused a crash while delivering supplies, then the company would be on the hook for any damages through the principle of respondeat superior.
However, rideshare drivers aren’t employees; they are independent contractors. For this reason, liability isn’t as straightforward. Even though a rideshare driver is working for Uber or Lyft, the companies are only liable for their accidents in specific situations. Uber and Lyft will use this legal reality to try to avoid responsibility for rideshare accidents whenever possible.
A seasoned Lyft and Uber accident attorney on Long Island understands these dynamics and the laws that apply to these types of crashes. They will protect your interests throughout the process, from helping you file an accident report with the company to dealing with insurance adjusters and lawyers. If necessary, they will file a lawsuit against the at-fault party and their insurance company to ensure that you get the compensation that you deserve for your injuries.
How Can a Lyft and Uber Accident Lawyer on Long Island Help?
With over 45 years of experience serving the Long Island community, The Odierno Law Firm is extremely familiar with the insurance companies and legal institutions involved in Uber and Lyft injury cases. Our Lyft and Uber accident lawyers have more than 150 years of combined experience and have seen success in thousands of cases, winning over 200 million dollars in damages and compensation for our clients.
Our lawyers can help you:
- Investigate the Accident: Gather evidence, review reports, and determine who is legally responsible.
- Handle Insurance Companies: Communicate with adjusters and negotiate settlements that fully cover your losses.
- Protect Your Legal Rights: Advise on statements and paperwork so your claim is not compromised.
- File a Lawsuit if Needed: Represent you in court against the at-fault driver or insurance company.
- Coordinate Expert Support: Manage medical professionals, accident reconstruction specialists, and other experts to strengthen your case.
Our attorneys know the strategies insurers use to minimize payouts and fight to make sure you receive full compensation for your medical bills, lost wages, and pain and suffering.
What Damages Can You Recover in Lyft and Uber Accident Claims?
If you are injured in a rideshare accident, you may be entitled to compensation for a variety of losses. Common damages include:
- Medical Expenses: Coverage for hospital visits, surgeries, medications, physical therapy, and ongoing care related to the accident.
- Lost Wages: Compensation for time missed from work due to your injuries, including future lost earning potential if your injuries impact your ability to work.
- Property Damage: Reimbursement for damage to your vehicle or personal belongings.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life caused by the accident.
- Other Related Costs: This can include transportation to medical appointments, home care, and other accident-related expenses.
The specific damages you can recover depend on the circumstances of the crash, the severity of your injuries, and which insurance policies apply.
Who is Liable for Your Injuries in a Rideshare Accident​?
If you are in an accident involving an Uber or Lyft, then you may be able to seek compensation from either the driver’s personal insurance company or the rideshare company’s commercial insurance policy.
- If the driver is not currently working or using the app when the accident happens, then their own car insurance policy covers the accident.
- If the driver is working but is waiting for a customer, then a smaller commercial liability policy from the rideshare company will be applied.
- If the driver is on their way to pick up a passenger or has a passenger in the vehicle, then a larger commercial policy is responsible for any damages.
Which insurance applies is incredibly important, as policy limits determine the maximum amount of compensation you are able to pursue. In New York, drivers are only required to carry a minimal amount of auto liability insurance coverage. The minimum amount is $10,000 for property damage for a single accident, $25,000 for bodily injury, $50,000 for death for a person involved in an accident.
Uber and Lyft carry much larger commercial insurance policies, which apply under the following conditions:
- Uber and Lyft drivers are insured for $75,000 for bodily injury, $150,000 for accidents, and $25,000 for property damage if they accept a ride in the app.
- Uber and Lyft drivers have primary liability coverage of $1,250,000 per accident and $1,250,000 for uninsured and under-insured motorists once a ride is matched to the time the passenger is dropped off at their destination.
No matter what insurance policies apply to your accident, The Odierno Law Firm can help you determine which parties are liable under the law and seek compensation for you and your family.
Why Us?
You Will Not Pay Us Unless We Win Your Case- Our Firm is Backed By Trial Success & Client Satisfaction
- We Will Review Your Personal Injury Claim For Free
- We Have Over 150 Years of Combined Legal Experience
You Will Not Pay Us Unless We Win Your CaseWhat to Do After a Rideshare Accident on Long Island
An accident is a stressful, confusing experience that leaves you in a state of emotional distress as well as physical injury. It can be hard to choose a course of action in the immediate aftermath of such an incident. The most important thing to remember is to get as much information as you can about the accident and ensure that your account of the accident is recorded by relevant parties, such as the police. Use this simple guide to ensure that you take the necessary steps after you’ve been in a rideshare accident.
- Check yourself for any serious injuries. Keep in mind that some injuries are not immediately apparent, especially if you are in shock.
- Seek medical attention as soon as possible. Doing so will help you get the proper treatment. It will also help to establish a link between your injuries and the accident.
- Exchange information with the driver, passenger, and anyone else involved in the accident. At a minimum, you should get the contact and insurance information from the other driver.
- If possible, get contact information for any witnesses.
- File a police report to document the accident. An MV104 accident report can be helpful as your Long Island rideshare accident attorney builds your case.
- Take clear pictures of the accident scene and record your own account of the incident.
- Preserve any evidence, such as damaged possessions and clothing.
- If symptoms of delayed injuries manifest after your accident, seek the advice of a medical professional.
When you are able to do so, you will need to file a report with Uber or Lyft through their website. Ideally, you should do this with the help of a car accident attorney. Filing this report is a necessary step in getting the ball rolling on your claim.
Similarly, you should consult with an attorney as soon as possible after your accident. During an initial consultation, you will have a chance to tell your story and get legal advice about your options for filing a lawsuit. You can also get a ballpark estimate of the value of your case.
At any point after the accident, you may be approached by an insurance adjuster or a representative for Uber or Lyft. No matter how friendly they may seem, do not talk to them, give a statement, or sign any paperwork without talking to a lawyer first. Remember that they don’t have your best interests at heart and that the things that you say to them could ultimately be used against you.
Long Island Rideshare Accident Lawyers: FAQs
Can You Sue Uber for an Accident?
It depends. Uber may be liable if the driver was logged into the app and either on the way to pick up a passenger or transporting a passenger at the time of the crash. If the driver was off-duty, only their personal insurance may apply. A Long Island rideshare accident lawyer can review your case and determine which parties can be held responsible.
What if I Was Involved in a Taxi Accident on Long Island?
If a taxi driver’s negligence caused your accident, you may be able to file a claim against both the driver and the taxi company. Taxi companies are generally considered employers, meaning they can be held liable for accidents their drivers cause while working. A lawyer can help navigate insurance claims and pursue compensation for your injuries.
How Long Do I Have to File a Rideshare Accident Claim?
In New York, personal injury claims generally must be filed within three years of the accident. However, there can be exceptions depending on who the case involves. Speaking with a Long Island rideshare accident attorney quickly ensures your claim is filed on time.
Who Else Can Be Held Liable for a Rideshare Accident?
Depending on the circumstances, liability may extend beyond the driver and rideshare company. This could include a maintenance company responsible for the vehicle, other drivers involved, or even a government entity if poor road conditions contributed to the crash.
Schedule a Free Consultation With Our Rideshare Lawyers on Long Island
Do you have more questions about securing compensation for a Lyft or Uber accident? We are here to assist you and use our extensive resources to build a strong case strategy that will allow you to pursue the compensation you are entitled to. Our Long Island rideshare accident lawyers will review your situation and explain all of your options under the law, so you know what to expect from your case.
Based in Melville, New York, The Odierno Law Firm represents accident victims throughout Nassau and Suffolk Counties. We handle all cases on a contingency fee basis, which means that you pay nothing up front and are only charged a fee if we recover money for you. To learn more, fill out our online contact form to schedule your free consultation with our legal team.