If you rely on Uber or Lyft to get you where you need to go in the Mamaroneck area, you leave your safety in the hands of another driver, trusting that they will follow the bare minimum standards of safety. If they fail to, and you get hurt, they should pay for your injuries. The same is true when Uber or Lyft drivers hurt other drivers they share the road with.
Our lawyers work to help injury victims get compensation from the at-fault drivers in their accidents. This often means bringing a case directly against the Uber or Lyft driver who caused the crash, given the fact that you typically cannot sue Uber/Lyft directly. However, these rideshare companies often have insurance that covers your accident anyway. There may also be other drivers at fault, but your damages might still be paid by Uber/Lyft’s insurance.
For a free review of your potential case, contact the Uber and Lyft accident lawyers at The Martello Law Firm by calling (914) 685-6950.
Car Accident Claims Involving Uber and Lyft Drivers in Mamaroneck
When you get hurt in a car crash, it usually means you can file a claim against the driver who caused the crash. In New York, our rules are a bit more complex because we have a no-fault system. When cases involve Uber and Lyft, there is an additional complication because there are a few different overlapping insurance policies.
No-Fault Rules
Drivers and passengers in New York get their initial coverage from their driver’s insurance policy. This means that if you were driving your own car when a rideshare driver hit you, you start with a claim against your own insurance policy. If you were a passenger in the Uber/Lyft car, then that driver’s insurance should be the one to cover you. Any time you were hit while walking or riding a bike, the driver who hit you should cover you with their no-fault insurance as well.
No-fault insurance covers medical bills and lost earnings up to certain limits, but it does not include pain and suffering. If you want to get that covered, you need to show you have “serious injuries” such as a permanently disabling injury, a temporary disability meeting certain standards, serious scarring, a broken bone, a lost fetus, or other qualifying injuries. Death also qualifies, allowing you to sue for a loved one killed in an Uber/Lyft accident.
When you can file a lawsuit, you file it against the at-fault driver. If they have liability insurance – as they are required to have under New York law – then you can get the rest of your damages paid by them/their insurance.
Insurance in Uber/Lyft Accident Cases
Uber and Lyft drivers have to have insurance to cover accidents. Under New York law, they must have commercial driver’s insurance, which should have a higher coverage amount than noncommercial drivers, allowing you to potentially claim higher damages from them. However, Uber and Lyft also supply additional coverage for their drivers and passengers.
If the crash happened while there was a rider in the car or the driver was en route to a pickup, then the highest policy should cover the accident and provide up to $1 million per accident. That means that if you were hurt while riding as a rideshare passenger, this policy should always be there to pay for your injuries.
If the driver was working when the crash occurred but did not select a ride yet, then Uber and Lyft should have supplemental policies to cover what the driver’s individual commercial policy does not. This helps you get paid if you were hit by a negligent Uber/Lyft driver while they were cruising for passenger pickups.
If the driver was off duty, then the accident works like any other private car accident case: the driver’s individual car insurance covers the accident, not their commercial policy.
Rideshare drivers are ultimately considered commercial drivers while actively driving for these rideshare companies, and their policies must be commercial driver’s policies or special rideshare policies. If they did not have adequate insurance, then Uber or Lyft might refuse to let their additional insurance kick in. This can complicate cases, but your own insurance – if it applies to the accident – might also have UM/UIM coverage that can pay you if the driver who caused the accident was uninsured or underinsured.
Role in the Accident
Because of the different times that these different policies cover, it is important to take into account your role in the accident. If you were an innocent Uber/Lyft driver who was hit by another driver, then your injuries should be covered under your commercial policy or the extra coverage from the rideshare company. Similarly, passengers/riders in an Uber/Lyft should always be covered by the no-fault coverages under these policies as well. Passengers in other cars would be covered by their driver’s insurance, but Uber/Lyft’s insurance might cover everyone involved in the crash. If you were driving your own car, then a combination of your insurance and the rideshare driver’s insurance should cover you.
In any case, our Uber and Lyft accident lawyers can investigate the crash, look into what insurance policies were in place, and help you get coverage from the proper parties and the proper policies.
Can You Sue Uber and Lyft for a Crash in Mamaroneck?
You usually cannot sue Uber or Lyft directly for an accident, even if their driver caused the crash. These drivers are not hired as employees under the terms that Uber or Lyft hires them, creating a legal buffer against lawsuits from riders and other drivers and passengers. However, there may be opportunities to sue Uber or Lyft when their own negligence helped cause the crash, such as a failure to screen a driver, resulting in negligent hiring or retention of a driver they should have known would be a danger.
Call Our Uber and Lyft Accident Attorneys in Mamaroneck Today
For your free case evaluation, call (914) 685-6950 to speak with the Uber and Lyft accident lawyers at The Martello Law Firm.
