Rideshare services such as Uber and Lyft have transformed transportation in New York, offering a convenient alternative to traditional taxis and public transit. However, as the number of rideshare vehicles increases, so do the risks of accidents. When a passenger, pedestrian, or other driver is injured in a rideshare accident, understanding the legal implications is critical to securing compensation for medical expenses, lost wages, and pain and suffering.
New York law provides specific regulations for Transportation Network Companies (TNCs), outlining insurance coverage requirements and liability provisions. These laws ensure that accident victims can seek compensation, but rideshare accidents present unique challenges due to the involvement of multiple parties, including drivers, passengers, rideshare companies, and insurance providers.
Who is Liable in a Rideshare Accident?
Determining liability in a rideshare accident can be complex because it depends on the driver’s status at the time of the accident. Under New York's Vehicle and Traffic Law (VTL) Article 44-B, a rideshare driver is considered to be operating as a TNC vehicle when they are logged onto the digital network or engaged in a prearranged trip. Liability and insurance coverage differ based on these factors:
- Period 0: The driver is offline and not logged into the rideshare app. The driver’s personal auto insurance applies.
- Period 1: The driver is logged in but has not accepted a ride request. The TNC insurance policy provides $75,000 per person, $150,000 per accident for bodily injury, and $25,000 for property damage.
- Period 2: The driver has accepted a ride request but has not yet picked up the passenger. TNC insurance provides $1.25 million in liability coverage, including underinsured/uninsured motorist coverage.
- Period 3: The passenger is in the vehicle, and the trip is ongoing. The $1.25 million coverage applies until the passenger exits the vehicle.
In cases where another driver causes the accident, their personal insurance policy will likely be responsible for covering the damages. However, if the at-fault driver is uninsured or underinsured, rideshare insurance may step in to cover the claim.
Filing a Claim After a Rideshare Accident in New York
New York follows a no-fault insurance system, meaning accident victims must first file a claim with their own insurance provider under their Personal Injury Protection (PIP) coverage. However, if the injuries meet New York’s serious injury threshold, victims may pursue a claim against the at-fault party for additional damages.Filing a claim after a rideshare accident involves multiple steps:
- Seeking Medical Attention – Immediate medical evaluation is crucial to document injuries and ensure proper treatment.
- Reporting the Accident – Victims should notify law enforcement, their insurance company, and the rideshare company.
- Gathering Evidence – Collecting photos, witness statements, and police reports can strengthen the case.
- Filing a No-Fault Claim – Under New York law, PIP insurance covers medical bills and lost wages, regardless of fault.
- Determining Liability for Additional Claims – If injuries are severe, a claim can be filed against the rideshare company, driver, or another negligent party.
Due to the complexity of rideshare accident claims, working with an attorney can help ensure that victims recover the full compensation they deserve.
Why You Need an Attorney for a Rideshare Accident Case
Rideshare accident claims can be complicated because they involve multiple insurance policies and potential disputes over liability. Victims often face pushback from rideshare companies and their insurers, who seek to minimize payouts. An attorney can help:
- Identify All Liable Parties – Determining whether the driver, another motorist, or the rideshare company is responsible requires legal knowledge and investigation.
- Handle Insurance Negotiations – Insurance providers often attempt to settle for less than what victims deserve. An attorney fights for fair compensation.
- Gather Evidence and Build a Strong Case – Attorneys collect police reports, medical records, and expert testimonies to establish the extent of damages.
- Ensure Full Compensation – Victims may recover damages for medical expenses, lost wages, pain and suffering, and, in wrongful death cases, funeral costs.
Without an attorney, rideshare accident victims risk accepting inadequate settlements that fail to cover long-term medical expenses or lost income.
Why Choose Parker Waichman LLP?
Parker Waichman LLP is a nationally recognized law firm with extensive experience handling rideshare accident claims. Their legal team is committed to fighting for victims who have been injured due to the negligence of rideshare drivers or companies.With a strong history of successful settlements and verdicts, Parker Waichman LLP ensures that victims receive the maximum compensation possible. They operate on a contingency basis, meaning clients do not pay unless they win their case.
FAQs About Rideshare Accident Claims in New York
What should I do immediately after a rideshare accident?
Seek medical attention, report the accident to authorities and the rideshare company, gather evidence, and contact an attorney as soon as possible.
Can I sue Uber or Lyft if I am injured in a rideshare accident?
It depends on the circumstances. If the driver was at fault, the rideshare company’s insurance may cover the damages. If the company’s negligence contributed to the accident, a lawsuit may be possible.
What compensation can I recover in a rideshare accident claim?
Victims may receive compensation for medical bills, lost wages, property damage, pain and suffering, and other damages related to their injuries.
What if the rideshare driver was not at fault?
If another driver caused the accident, their insurance would typically cover the damages. However, if they are uninsured or underinsured, the rideshare company’s insurance may provide coverage.
How long do I have to file a rideshare accident claim in New York?
New York’s statute of limitations for personal injury claims is typically three years from the accident date. However, claims against government entities or under special circumstances may have different deadlines.If you or a loved one were injured in a rideshare accident in New York, legal help is available. Parker Waichman LLP is dedicated to fighting for the rights of accident victims and ensuring they receive full compensation for their injuries.
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