Rideshare options such as Uber and Lyft are convenient, but the added vehicles mean an increased risk of accidents. Some of these accidents involve pedestrians. When a pedestrian is hit by an Uber or Lyft, it triggers a complex claims process. Pedestrians might be able to file a claim for compensation from Uber or Lyft or have to research other avenues of recovery. Contact us to speak with a New York City Uber/Lyft accident attorney!
Navigating the Insurance Landscape of Uber and Lyft
Both Uber and Lyft require their drivers to have personal insurance. However, these companies provide additional coverage in specific scenarios to adequately cover claims. Uber and Lyft’s insurance coverage operates under three distinct periods:
- Period 0. When the driver is not logged into the app and not considered “on the clock,” the accident is handled like any other car accident. That means the driver should open a claim with their own insurance company.
- Period 1. When the driver is logged in and waiting for a ride request, Uber and Lyft provide liability coverage of up to $50,000 per person and $100,000 per accident.
- Periods 2 and 3. From the moment the driver accepts a ride to when the passenger is dropped off, both Uber and Lyft provide up to $1 million in liability coverage.
What the driver was doing at the exact moment of the accident determines the level of coverage. If the driver had accepted a ride request or had a fare in the vehicle, Uber or Lyft could be responsible for your injuries.
Understanding No-Fault Insurance Laws in NYC
When you’re a pedestrian hit by an Uber or Lyft, figuring out how insurance will compensate you can be confusing due to the relationship between personal and corporate insurance policies.
New York State operates under “no-fault” insurance laws for auto accidents. Regardless of who was at fault, your insurance can cover your injuries after an accident. However, other insurance options, like homeowners’ or health insurance, could come into play for pedestrians who don’t own cars. If your damages exceed $50,000 or qualify as serious, you may have a right to sue the at-fault driver. For the purposes of no-fault insurance laws, serious injuries include things like disfigurement, wrongful death, loss of function, etc.
When multiple insurance policies could apply, the process becomes complex. Working with an experienced attorney who can guide you through the process and help you fight for the maximum compensation available is crucial. Reach out to speak with one of our lawyers about your claim.
Filing a Lawsuit – Whom Do You Sue?
The relationship between Uber and Lyft and their drivers differs from a typical employer-employee relationship. That’s because rideshare companies classify drivers as independent contractors. That complicates the matter of whom to sue in case of an accident. Drivers must carry insurance policies covering accidents involving commercial vehicle use. Personal auto policies don’t allow drivers to transport people or cargo for hire.
What to Do If You’re a Pedestrian Hit by a Rideshare Vehicle in NYC
When you’re a pedestrian involved in an accident with an Uber or Lyft, it can be an incredibly stressful experience. Here are steps to follow to ensure your safety and maximize your chances of receiving appropriate compensation:
- Get to safety. Immediately move away from the road if possible to reduce the risk of further injury.
- Contact emergency services. Call 911 for both medical assistance and police response. A police report can provide invaluable evidence for subsequent legal or insurance procedures.
- Gather information. Collect the driver’s information, including their name, contact information, and insurance details. Document the driver’s Uber or Lyft status. Include information on whether they had a passenger or were en route to pick up one.
- Document the scene. If you can, take photos of the accident scene, the driver’s vehicle, and any visible injuries you’ve sustained. These will be invaluable evidence when dealing with insurance companies or if the case goes to court.
- Get contact info for witnesses: Gather their contact information if there are any witnesses. Witness testimonies can provide crucial third-party perspectives of the incident.
- Seek medical attention. Even if your injuries seem minor, it’s essential to get checked out by a healthcare professional. Some injuries may not be immediately noticeable and could worsen if not treated promptly.
Despite what the driver’s insurance company or Uber or Lyft tell you, hiring a lawyer immediately following an accident is wise. The sooner you retain an attorney, the sooner we can protect your rights.
When you’re hit by an Uber or Lyft in NYC, it is crucial to seek the advice of a knowledgeable attorney. An experienced New York City Uber and Lyft lawyer can guide you through the complicated insurance and legal landscape of rideshare accidents. Don’t navigate the aftermath alone. Contact an attorney who knows the intricacies of New York’s insurance laws and the specifics of rideshare company operations. This way, you know your case is in capable hands.
Contact the New York Rideshare Accident Lawyers at Glugeth & Pierguidi, P.C.
Being hit by a rideshare vehicle as a pedestrian is an unsettling experience, but understanding what to do afterward and how insurance covers you can provide some solace. Remember, you don’t have to navigate these challenges alone. Reach out to the skilled legal team at Glugeth & Pierguidi to learn how we can help. We have decades of combined legal experience and know the challenges victims face in ridesharing vehicle accidents. Contact our office today to schedule an initial consultation.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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