What is New York’s Serious Injury Threshold?
You can file a lawsuit or claim against the negligent driver if you meet the state’s serious injury threshold. To meet the threshold, you must experience an economic loss that’s greater than $50,000 and meet serious injury criteria as defined by the state of New York.
The following injuries are categorized as serious by the state:
- Loss of life
- Loss of a fetus
- Fracture
- Dismemberment
- The significant limitation of the use of a body system or function
Your Queens Uber and Lyft accident lawyer at Parker Waichman LLP will carefully review your medical records and consult with medical professionals to determine if you meet the state’s serious injury threshold.
Who Can Be Held Liable for a Rideshare Accident in Queens?
Potentially liable parties involved in an Uber or Lyft accident include:
- The Uber or Lyft driver
- Another motorist
- Cyclists, pedestrians, and other non-motorists
Rideshare companies have tried to avoid liability for motor vehicle collisions by classifying rideshare drivers as independent contractors. However, in some cases, the rideshare company can still be held financially responsible. When you hire an Uber and Lyft accident lawyer on our legal team, they can help you pursue compensation from all liable parties.
How Can I Recover Compensation After An Uber or Lyft Accident?
In a motor vehicle collision involving a rideshare company, there are many sources of insurance coverage:
- The rideshare driver’s insurance
- Supplemental commercial insurance coverage
- Additional coverage is provided by Uber or Lyft while a driver is active on the app, has accepted a ride, or is transporting a passenger.
While rideshare companies may provide coverage in certain situations, coverage is contingent on many factors. Coverage will only become active when the rideshare driver’s personal liability insurance fails to cover damages in an accident. Rideshare companies will typically only pay for damages if it can be proven that an Uber or Lyft driver was at fault. While you may still be entitled to compensation if you were partly to blame for an accident, due to the state’s pure comparative negligence laws, the rideshare company will try to shift the blame onto you to avoid liability.
An Uber and Lyft accident lawyer at Parker Waichman LLP understands the many complexities of rideshare laws and can determine the best course of action to take to help you recover every penny of compensation you’re owed.
Why Do Uber and Lyft Driving Phases Matter?
The driving phase the Uber or Lyft driver was in at the time of the accident will determine who can be held liable for damages.
Driving periods or phases, that will impact liability in the event of an accident include:
The Driver is Not Active On the App
If the rideshare driver isn’t logged into the app and you’re involved in a collision with the driver, you’ll go through your insurance to pursue compensation.
The Driver is Active on the Rideshare App
Rideshare drivers are required to have a second layer of commercial insurance, which will cover the rideshare driver when they are working.
If the driver is using the app but has not accepted a ride request or is not transporting a passenger, rideshare companies provide their drivers with limited liability coverage:
- Bodily injury per person: $50,000
- Bodily injury per collision: $100,000
- Property damage: $25,000
The Rideshare Driver Has Accepted a Ride Request or is Transporting a Passenger
When a rideshare driver has accepted a ride or is actively transporting a passenger, the $1 million insurance policy goes into effect.
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