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, P.C. our team of car accident lawyers is committed to assisting clients with their rideshare-related 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. Call (631) 994-1802 to request a consultation with our law firm today. We can advise you virtually or in person, and your first consultation is always free.
What Type of Insurance Do Uber & Lyft Drivers Carry?
Typically, when you are involved in a motor vehicle accident, the insurers of the other parties play an important role in the proceeding legal process. However, when one of the other parties involved is a contractor for a rideshare company like Uber or Lyft, things can become complicated when it comes to insurance. Both Lyft and Uber are required to make sure all of their drivers have liability coverage, and drivers also carry their own personal insurance policies that might cover your accident-related injuries.
In a typical car accident case, the at-fault driver’s insurance policy will cover any potential losses. However, if the driver is working through a company like Uber or Lyft when the accident happens, the situation is more complicated. Rideshare drivers are operating their own vehicles, and are independent contractors instead of employees.Â
If you are in an accident involving an Uber or Lyft, then you may be able to seek compensation from the company’s commercial insurance policy in the following situations:
- 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 policy applies is incredibly important, because a personal car insurance policy (or even the smaller commercial liability policy) may not be enough to cover an accident victim’s losses.
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, $50,000 for bodily injury and $100,000 for death for two or more people involved in an accident. If the rideshare driver who hit you only had the state minimum insurance coverage, then you may be out of luck if your losses exceed their coverage.
For example, consider a situation where a Lyft driver rear ends you as you are stopped at a red light. You suffer a concussion, neck injuries, and your car is totaled. The cost to replace your vehicle is $35,000, and your medical bills are already over $25,000. If the Lyft driver wasn’t working at the time of the accident, then you will only be able to file a claim against their personal insurance policy – which means that you might not be able to get enough money to pay for all of your losses.
Uber and Lyft carry much larger commercial insurance policies. The smaller policy offers 50/100/25 coverage, or $50,000 in bodily injury liability per person, $1000,000 in body injury liability per accident, and $25,000 in property damage coverage. The larger commercial liability policy is for $1,000,000 – which is much more substantial than even more comprehensive personal car insurance policies.
Lyft and Uber Liability Coverage Applies Under the Following Conditions:
- Uber and Lyft drivers are insured for $50,000 for bodily injury, $100,000 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 $1,000,000 per accident and $1,000,000 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, P.C. can help you determine which parties are liable under the law and seek compensation for you and your family.
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 Long Island rideshare accident attorney 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.
When it comes to personal injury cases, you should never just trust that the insurance company will do right by you. Instead, you should reach out to an attorney to schedule a free initial consultation so that you can learn more about your rights and options. All cases are handled on a contingency fee basis, which means that you are never charged a fee unless they recover money for you.
What Should I Do If I Am in an Uber or Lyft Accident?
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.
Take the Following Steps if You Have Been Involved in a Ride-Share 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. A 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.
Being in any type of car accident can be scary. When you add the complicated issues surrounding rideshare crashes, you may not know what to do or where to turn for help. In this situation, you can count on the experienced personal injury lawyers of The Odierno Law Firm to offer you skilled guidance and outstanding legal representation.
Taxi Accidents in the Long Island Area
Long before ridesharing services such as Uber and Lyft became available, Long Island residents made use of taxis and other car services to navigate the New York area and beyond. Our family has been practicing law on Long Island for two generations, and we know that many still make use of taxi companies to get where they need to go. We also understand the various insurance policies and laws that surround taxi accidents, and we can fight to get you compensation if you are injured in an accident involving a taxi.
While taxis are becoming less common in Long Island, they are still an important part of many communities. If you have been hurt in a taxi accident, we are here to help. Reach out to our law firm to talk to a member of our legal team about your rights and options for a taxi accident case.
Speak to Our Lawyers on Long Island to Seek Compensation
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 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, call our law offices at 631-994-1802 or fill out our online contact form today to schedule your free consultation with our legal team on Long Island. We only require payment if we win your case!
Long Island Uber & Lyft Accident Attorneys
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With over 45 years of experience serving our local long Island community, we are extremely familiar with the insurance companies and legal institutions involved in Uber and Lyft injury cases. In our 150 years of combined experience, our legal team at The Odierno Law Firm, P.C. has seen success in thousands of cases, including hundreds of court cases, and we’ve won over 150 million dollars in damages and compensation for our clients.
