Being involved in a car accident is always a stressful experience, but when the collision involves a rideshare vehicle like Uber or Lyft, the situation can become even more complex. If you’ve been injured in such an accident, you may wonder about your legal rights and options for pursuing compensation.
This comprehensive guide will walk you through the process of filing a personal injury claim or lawsuit after an Uber or Lyft car accident, highlighting how a seasoned Long Island rideshare accident lawyer can help build your case.
At Rosenberg & Gluck LLP, our team of personal injury lawyers has extensive experience handling car wreck claims involving rideshare services. We understand the unique rules and regulations that govern these types of claims, as well as New York law that may affect your claim.
Understanding Rideshare Accidents
Rideshare services have become an integral part of our transportation landscape, but with their increased presence on the roads comes a rise in accidents involving Uber drivers and Lyft drivers. These incidents can range from minor fender-benders to severe collisions resulting in serious injuries or even fatalities.
As a passenger, pedestrian, or driver of another vehicle involved in such an accident, you may be entitled to compensation for your injuries and losses. Because these claims often involve multiple parties, they can be complicated.
Why You Should Consult a Car Accident Attorney for a Rideshare Claim
After leaving the scene of a rideshare accident, your priority should be seeking medical attention for any injuries. Once your immediate health concerns are addressed, consult with a car accident lawyer or personal injury attorney.
Here’s why:
- Navigate Complex Legal Terrain: Rideshare accident claims often involve multiple parties and insurance policies, making them more complicated than typical car accident cases. A personal injury lawyer experienced in handling rideshare accidents can help you navigate this complex legal landscape.
- Understand Your Rights: An experienced car accident attorney can explain your legal rights and options, ensuring you don’t miss out on potential compensation you’re entitled to receive.
- Deal with Insurance Companies: Insurance adjusters may try to minimize your claim or deny it altogether. A skilled car accident attorney can handle all communications with insurance companies, protecting your interests and fighting for fair compensation.
- Gather and Preserve Evidence: Your attorney can help collect and preserve crucial evidence to support your claim, including police reports, witness statements, medical records, and rideshare company data.
- Accurately Value Your Claim: Personal injury attorneys have the expertise to properly assess the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and more.
- Meet Legal Deadlines: There are strict time limits for filing personal injury claims and personal injury lawsuits, known as statutes of limitations. Your attorney will ensure all necessary documents are filed within these deadlines to preserve your right to seek compensation.
How a Personal Injury Lawyer Builds Your Rideshare Accident Case
When you hire a car accident attorney to handle your rideshare accident claim, they will take several steps to build a strong case on your behalf:
Thorough Investigation
Your lawyer will conduct a comprehensive investigation of the accident, which may include:
- Reviewing police reports and accident scene photos
- Interviewing witnesses
- Analyzing rideshare company records
- Consulting with accident reconstruction experts if necessary
Identifying Liable Parties
In rideshare accidents, multiple parties may be held responsible. Your attorney will determine all potentially liable parties, which could include:
- The Uber or Lyft driver
- The rideshare company
- Other drivers involved in the accident
- Government entities responsible for road maintenance
Gathering Medical Evidence
Your lawyer will collect all relevant medical records and bills to document the extent of your injuries and the cost of your treatment. They may also work with medical experts to project future medical needs and expenses.
Calculating Damages
A personal injury attorney will carefully assess all your damages, including:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
Preparing for Litigation
If a fair settlement cannot be reached through negotiations, your attorney will prepare to take your case to court, filing all necessary legal documents and building a compelling case for trial.
By working with a skilled car accident lawyer, you significantly increase your chances of obtaining full and fair compensation for your injuries and losses following a rideshare accident.
Federal and New York Laws Affecting Rideshare Accident Claims
Understanding the legal framework surrounding rideshare accidents is a key component for building a strong personal injury claim. Both federal and state laws play a role in these cases.
Federal Regulations
While there’s no specific federal law governing rideshare companies, certain federal regulations can impact your case:
- The Federal Motor Carrier Safety Administration (FMCSA) sets safety standards for commercial vehicles, which may apply to some rideshare drivers.
- Federal laws regarding employment classification can affect whether rideshare drivers are considered employees or independent contractors, potentially influencing liability.
- The Americans with Disabilities Act (ADA) requires rideshare companies to provide accessible services, which could be relevant in certain accident cases.
New York State Laws
New York has implemented specific regulations for rideshare companies, which can significantly affect your personal injury lawsuit.
- Transportation Network Company (TNC) Law: In 2017, New York passed the Transportation Network Company Law, which established a regulatory framework for rideshare companies. Key provisions include:
- Mandatory insurance requirements for rideshare vehicles
- Background check requirements for drivers
- Zero-tolerance policies for drug and alcohol use
- No-Fault Insurance Law: New York is a no-fault insurance state, which means that regardless of who caused the accident, your own car insurance policy (or the policy covering the vehicle you were in) typically covers your medical expenses and lost wages up to a certain limit. However, rideshare accidents can complicate this process.
- Comparative Negligence: New York follows a pure comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover damages. Your percentage of fault will reduce your compensation. Your lawyer will work to minimize your fault to maximize your compensation.
- Statute of Limitations: In New York, the general statute of limitations for personal injury claims is three years from the accident date. However, if your accident involves a municipality (such as a city, county, or state entity), you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be filed within one year and 90 days.
Given these complexities, consulting with a personal injury attorney familiar with New York’s rideshare laws ensures you don’t miss any critical deadlines or overlook important legal considerations.
Rideshare Insurance and Available Damages
The insurance coverage in play during a rideshare accident determines the potential damages available in your personal injury claim.
Uber and Lyft provide insurance coverage for their drivers, but the coverage limits depend on the driver’s status at the time of the accident:
- App Off: When the driver is not logged into the rideshare app, only their personal auto insurance applies.
- App On, Waiting for a Ride Request:
- Bodily injury: $75,000 per person / $150,000 per accident
- Property damage: $25,000 per accident
- En Route to Pick Up a Passenger or During a Trip:
- $1,250,000 for third-party liability
- Uninsured/underinsured motorist bodily injury coverage
- Contingent comprehensive and collision coverage
This tiered system can significantly impact the damages available in your personal injury claim.
The Insurance Claims Process
- Initial Contact: The insurance company may reach out shortly after the accident. It’s best to direct them to your personal injury attorney. If represented by an attorney at the time of initial contact, there should be no conversation between you and the insurance company.
- Investigation: The insurer will conduct its own investigation into the accident.
- Settlement Offer: Based on their investigation, the insurance company may make an initial settlement offer.
- Negotiation: Your car accident lawyer will negotiate with the insurance company to seek fair compensation.
- Resolution: If a fair settlement is reached, you’ll receive compensation. If not, your case may proceed to litigation.
Common Insurance Company Tactics
Be aware that insurance adjusters may use various tactics to minimize your claim:
- Requesting recorded statements
- Pressuring you to settle quickly
- Downplaying the severity of your injuries
- Arguing that your injuries were pre-existing
Having a skilled attorney handle all communications with insurance companies can protect your rights and increase your chances of receiving fair compensation.
Types of Damages Available for Rideshare Accident Injuries
In a rideshare accident claim, you may recover damages to compensate you for your serious injuries and other losses. These include:
Economic Damages
These are quantifiable financial losses, including:
- Medical expenses (current and future)
- Lost wages
- Loss of earning capacity
- Property damage
Non-Economic Damages
These are more subjective losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for spouses)
Punitive Damages
In rare cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Factors Affecting Your Compensation
Several factors can influence the amount of compensation you may receive:
- Severity of injuries
- Long-term impact on your life and career
- Clear evidence of the other party’s fault
- Quality of evidence supporting your claim
- Skill of your personal injury attorney in negotiation and litigation
A car accident lawyer experienced in rideshare cases can help you understand the potential value of your claim and fight for the maximum compensation available under the law.
Building a Strong Rideshare Accident Claim
To maximize your chances of a successful personal injury lawsuit after an Uber or Lyft accident, your lawyer will work to build a strong case. Your car accident attorney will help you gather and preserve crucial evidence, including:
- Police reports
- Medical records and bills
- Rideshare trip information
- Surveillance footage (if available)
- Witness statements
- Expert testimony (e.g., accident reconstruction specialists, medical experts)
When to File a Personal Injury Lawsuit in an Uber or Lyft Accident
While many rideshare accident claims are settled out of court, sometimes litigation becomes necessary. Your Uber accident lawyer may recommend filing a lawsuit if:
- The insurance company denies your claim
- Settlement offers are inadequate
- Liability is disputed
- The statute of limitations is approaching
The Litigation Process
If your case goes to court, here’s what you can expect:
- Filing the Complaint: Your attorney will file a formal complaint against the responsible parties.
- Discovery: Both sides exchange information and evidence related to the case.
- Depositions: Witnesses, including you, may be questioned under oath.
- Mediation or Arbitration: Many courts require attempts at alternative dispute resolution before trial.
- Trial: If you cannot settle, you can present your case to a judge or jury.
- Verdict and Potential Appeals: After the trial, either party may appeal the decision if there are grounds to do so.
Throughout this process, your lawyer will guide you, prepare you for testimonies, and advocate for your best interests.
Don’t Navigate Your Rideshare Accident Claim Alone
If you’ve been injured in an Uber or Lyft accident, the path to fair compensation can be complex and challenging. At Rosenberg & Gluck LLP, our experienced car accident attorneys are well-versed in the intricacies of rideshare accident claims. We’re committed to protecting your rights and fighting for the compensation you deserve.
Don’t let insurance companies undervalue your claim or pressure you into a quick settlement. Contact Rosenberg & Gluck LLP today for a free consultation. Our personal injury lawyers will review your case, explain your options, and guide you through every step of the legal process.
Take the first step towards justice and recovery. Call us now at (631) 451-7900 or contact us online for your free case evaluation. Remember, time is of the essence in personal injury claims, so don’t delay in seeking the legal representation you need.
