In New York City, ridesharing services like Uber and Lyft have become integral to our daily lives. However, with the convenience of these services comes the risk of accidents. If you or a loved one are involved in a rideshare accident, you need a dedicated New York City Uber accident lawyer who understands the complexities of these cases.
A rideshare accident can leave you with more questions than answers. If you’re feeling overwhelmed or unsure of what comes next, we’re here to help you feel heard, supported, and informed—every step of the way.
In New York City, the legal name for rideshare services is transportation network companies or TNCs. Unlike other states, TNCs must follow specific rules set by New York’s Vehicle and Traffic Law (VAT), specifically Article 44-B. Additionally, they are subject to NYC Taxi & Limousine Commission (TLC) rules.
When it comes to accidents with a rideshare vehicle, there are usually more than two parties involved. This complexity stems from the involvement of the rideshare company, the rideshare driver, the passenger(s), and potentially other vehicles and their occupants. Determining who is at fault in a rideshare accident is complex due to this fact, which is especially true if you are a passenger in an Uber when you get into an accident with another vehicle.
Companies Like Uber and Lyft Have Their Own Insurance Rules
The coverage for rideshare company drivers depends on the driving stage of the trip. New York law and rideshare companies like Uber divide these stages into three situations.
1. Offline
The first stage is when the driver has the rideshare app turned off. During this time, the rideshare company does not offer any coverage to the driver. Any claim for an accident that happens during this stage must go through the driver’s personal insurance.
2. Online and waiting for a ride request
Once the driver turns on the app and starts waiting for a ride request, the rideshare must offer third-party liability insurance. In NYC, the minimum amount of this insurance is:
- $75,000 for bodily injury per person;
- $150,000 for bodily injury per accident; and
- $25,000 for property damage.
These minimums required by New York are slightly higher than minimums typically provided by rideshares in other states.
3. En route to pick up or drop off a passenger
After the driver approves a request, the rideshare must provide the following comprehensive insurance:
- $1,250,000 for property damages and injuries;
- $1,250,000 in uninsured/underinsured motorist coverage; and
- Personal injury protection (PIP).
This coverage is also higher in NYC than in other states and can be used to pay for damages to the rideshare driver, the passengers, or any third-party vehicle involved in the accident.
Uber and Lyft Drivers Aren’t Classified the Same Way as Taxi Drivers
The employment classification of rideshare drivers as independent contractors may significantly impact the outcome of a claim. When rideshare drivers get into an accident, their status as independent contractors means they rune their own business. The status has profound implications for liability, insurance, and compensation during a crash.
A rideshare driver with a TLC license is subject to both the rideshare company’s policies and the TLC’s regulations. This dual oversight can complicate accident claims because the driver must comply with TLC rules regarding insurance and accidents and any policies set by the rideshare company. The TLC mandates that drivers have commercial insurance that meets minimum liability coverage requirements. These minimums are typically higher than standard personal auto insurance policies and some rideshare companies’s supplemental insurance.
Experiencing an accident in an Uber or Lyft can be disorienting, but taking specific steps immediately afterward can protect your rights and strengthen your potential claim.
Ensure Safety and Seek Medical Attention
Prioritize your safety and health. Move to a safe location if possible. Then call 911 for medical assistance, even if you think your injuries are minor. Some injuries may not be immediately apparent.
Report the Accident
Inform the rideshare company about the accident through their app. Uber and Lyft have built-in features for reporting incidents, which can be crucial for your case.
Document the Scene
Gather as much information as possible. Take photos of the accident, your injuries, vehicle damages, and any relevant road conditions. Collect contact information from witnesses and other parties involved.
File a Police Report
Ensure that a police report is filed. This official document will be essential for your claim because it provides an unbiased account of the accident.
Consult a Lawyer
Contact Glugeth & Pierguidi, P.C. as soon as possible. An experienced attorney can guide you through the complex process of dealing with rideshare companies and insurance claims, ensuring you receive the compensation you deserve. Our team can handle all communications with insurers and fight for your rights while you focus on your recovery.
Rideshare accidents can occur for various reasons. Understanding the common causes can help determine liability and improve safety measures.
Driver Distraction
Rideshare drivers frequently use their smartphones to navigate and communicate with passengers. This increased reliance on technology can lead to distractions, such as checking the app for new rides, texting, or adjusting the GPS, which can divert the driver’s attention from the road.
Fatigue
Many rideshare drivers work long hours or have multiple jobs, which can lead to fatigue. Drowsy driving significantly impairs reaction times and decision-making abilities, increasing the risk of an accident.
Speeding and Reckless Driving
To maximize earnings, some rideshare drivers may speed or engage in aggressive driving behaviors to complete more rides in less time. Speeding reduces a driver’s ability to react to sudden changes in traffic conditions and increases the severity of collisions.
Inexperienced Drivers
Rideshare companies do not always require extensive driving experience from their drivers. Inexperienced drivers may lack the necessary skills to navigate complex traffic situations, leading to accidents.
Poor Vehicle Maintenance
Rideshare drivers are responsible for maintaining their vehicles. However, not all drivers adhere to regular maintenance schedules, leading to mechanical failures such as brake issues or tire blowouts that can cause accidents.
Road Conditions and Weather
Adverse weather conditions like rain, snow, or fog can make driving hazardous. Poorly maintained roads, construction zones, and insufficient signage can also contribute to accidents.
Intoxicated Driving
Intoxicated driving is a serious and dangerous behavior that can lead to catastrophic accidents. Rideshare drivers are expected to maintain sobriety while on duty, but instances of driving under the influence can impair judgment, reaction time, and coordination.
Potential Damages You May Seek
Various damages are available for your claim if you are a passenger in a rideshare accident or a third-party vehicle. The law divides those damages into two categories: economic and non-economic.
Economic
Think of economic damages as the tangible, out-of-pocket costs you can put a price tag on. Essentially, they are any financial losses you incur due to an accident, including:
- Medical bills—costs for hospital stays, doctor visits, medications, physical therapy, and any future medical care you’ll need because of your injuries;
- Lost wages—money you didn’t earn because your injuries kept you from working;
- Property damage—costs to repair or replace any belongings damaged in the accident; and
- Other expenses—any other specific costs, like hiring someone to help around the house while injured.
Economic damages are relatively straightforward since they’re actual expenses and losses. Bills, receipts, and employment records are all essential for proving these losses.
Non-Economic
Non-economic damages are about the invisible, subjective consequences of an accident. These damages aren’t about the money but the negative ways the accident affects your life and well-being. They include:
- Pain and suffering—the physical pain and discomfort you endure after the accident;
- Emotional distress—the psychological impact of the accident, like anxiety, depression, or trauma;
- Loss of enjoyment of life—if the injuries prevent you from enjoying hobbies, activities, or other life pleasures you once participated in; and
- Loss of consortium—the impact your injuries have on your relationships with your spouse or family members.
Non-economic damages vary significantly from one person to another. Since they deal with a loss of quality of life rather than quantifiable financial losses, putting a dollar amount is challenging, which is why working with a New York City Uber accident lawyer is paramount if you receive severe injuries.
What Is the Statute of Limitations for an Uber Accident Case?
Under New York’s Civil Practice Law and Rules (CVP) Section 214, claimants have three years from the date of the injury to file a lawsuit. This rule applies whether you were a passenger in the rideshare vehicle or the driver of another vehicle involved in the crash. While it may seem like a generous amount of time, rideshare cases are incredibly complex. That’s why we recommend contacting a qualified NYC rideshare accident injury attorney soon after your injury.
Why You Must Work with Experienced Ridesharing Car Accident Lawyers
Compared to standard accidents, hiring an attorney after a rideshare accident is crucial to your claim. These cases may involve multiple parties, including the rideshare company, the driver, and other vehicles. Additionally, there are situations where liability may be unclear. However, an experienced New York City Uber accident lawyer will understand personal injury and the intricacies of rideshare accidents. An attorney can help with several aspects of your case, including:
- Gathering evidence from the scene of the crash;
- Getting statements from potential witnesses;
- Itemizing your economic and non-economic damages;
- Handling negotiations with the insurance company; and
- Securing expert testimony if your case goes to trial.
Hiring a New York Uber accident attorney gives you more time to focus on recovering from your injuries instead of worrying about these aspects of your claim.
Our Compassionate NYC Uber Accident Injury Lawyers Are Here to Help
At Glugeth & Pierguidi, P.C., we recognize the trauma and anxiety that often result from a rideshare accident. The confusing legal landscape of New York’s rideshare laws isn’t something you should deal with alone. However, unlike other law firms, we don’t assign your case to an associate attorney. Instead, our founding attorneys, Jared Glugeth and David Pierguidi work with every client individually, putting their decades of trial experience to work. We believe our clients deserve a personal advocate who’s available and ready to answer their questions every step of the way.
Call us or fill out our contact form to get started with a free consultation.