Uber and Lyft rideshare drivers must carry insurance coverage like any other motorist. However, insurers may be quick to deny liability or undervalue a claim. At the Law Office of Cohen & Jaffe, LLP, our Floral Park rideshare accident lawyers can navigate the auto insurance policies and counter an adjuster’s determination of fault.
We’ve handled rideshare accident claims for clients from Floral Park and nearby Nassau County and Queens. We’re here to help you.
Seeking Compensation After a Rideshare Accident in Floral Park
In a personal injury claim on your behalf, we could seek compensation from the rideshare driver’s personal insurance provider and/or that of the rideshare company (Uber or Lyft). We may file multiple separate claims on your behalf.
A personal injury lawsuit may provide compensation for:
- Medical bills
- Ongoing medical care
- Lost wages
- Reduced earning capacity
- Property damage (to your vehicle)
- Disability or disfigurement
- Pain and suffering
Your lawyer will leave no stone unturned when determining fair compensation. This way, you won’t be left paying out of pocket for future losses from your accident-related injuries.
Wrongful Death Damages
No one should have to lose a loved one to a preventable accident. If a rideshare driver hit your family member and caused their fatal injuries, we could pursue compensation through a wrongful death claim or lawsuit. You may stand to recover:
- Funeral and burial/ cremation costs
- Your loved one’s medical bills
- Your loved one’s pain and suffering
- Loss of consortium
- Loss of inheritance
While we handle your case, you can spend time with your family and grieve in peace.
How Uber and Lyft Insurance Applies in a Rideshare Accident
Rideshare drivers typically use their own vehicles, complicating the claim process. When a Lyft or Uber accident occurs, the rideshare company may attempt to bypass liability in many ways.
Insurers May Argue About Which Policy Applies
They may argue that the driver is an independent contractor and not an employee, so the company has no responsibility for the accident. Uber and Lyft require drivers to maintain personal auto liability insurance, and they may tell you to make a claim through these policies.
Commercial coverage for rideshare drivers may be available through their personal insurance providers, but Uber and Lyft do not require their drivers to opt into these policies.
A lack of commercial coverage provides the driver’s personal insurance company an excuse to deny an accident claim. They may argue that the crash occurred while the rideshare driver was actively working for Uber or Lyft, relieving them of liability.
Insurers May Deny Claims Based on the Driver’s Status at the Time of the Accident
Furthermore, the driver’s status at the time of the accident dictates whether they are personally liable for your losses in an accident.
- If the Uber/Lyft application is off: The rideshare driver operates as an individual, and their own personal auto insurance should cover the accident. The ridesharing service will claim its insurance coverage does not apply in this situation.
- If the Uber/Lyft application is active and the driver is waiting to pick up a fare: Uber and Lyft provide some coverage during this period. According to the New York Department of Financial Services (DFS), they must provide $75,000 of bodily injury coverage per person, $150,000 total bodily injury coverage per accident, and $25,000 in property damage coverage.
If the Uber/Lyft app is active, and the driver is traveling to pick up a passenger or driving a passenger to their destination, both companies offer up to $1.25 million for bodily injury and property damage. They also provide $50,000 personal injury protection per injured person, uninsured and underinsured motorist coverage worth $1.25 million, and contingent collision and comprehensive insurance up to the vehicle’s cash value or cost of repair. But insurance companies won’t voluntarily pay the full value unless they are held accountable.
Insurers May Undervalue a Claim when Multiple Parties Share Liability
Some accidents involve multiple motorists, further complicating the process of seeking compensation. Insurers can go back and forth denying liability. We can conduct an independent investigation to counter an adjuster’s determination of fault if necessary.
New York has Other Requirements for Rideshare Drivers
New York also imposes other rules and restrictions on rideshare drivers along with minimum insurance requirements.
Age Requirements
According to the New York Department of Motor Vehicles, rideshare drivers must be at least 19 years old.
License Requirements
New York requires any rideshare driver to have a license.
Hours of Service Restrictions
Both Uber and Lyft require their drivers to take a six-hour break for every 12 hours of service they perform. Additionally, New York prohibits drivers from operating more than ten hours in 24 hours. They must take an eight-hour break before resuming. They also cannot log more than 60 hours of service in a single week.
New York’s No-Fault Auto Insurance Laws
Under New York’s no-fault auto insurance laws, a car accident victim turns first to his or her personal injury protection (PIP) coverage to pay medical costs and lost wages. If an accident victim suffered serious injuries, they could pursue a personal injury claim outside of the no-fault system.
How Our Rideshare Accident Attorneys Serving Floral Park Can Help
If you have been in a rideshare accident, you could have a right to seek compensation for your injuries and other associated losses. We can gather evidence to show that the Uber/Lyft driver is liable for the accident to obtain compensation. Our team can also demonstrate that the driver worked for a ridesharing company when the accident occurred.
You will get the personalized attention you deserve when you work with us. Our firm does not apply a one-size-fits-all approach. Your lawyer can tailor our legal strategy to your unique situation.
How the Claims Process Works
We must demonstrate the driver’s on-the-clock status at the time of the accident. Remember, the amount of insurance coverage available depends on this status.
- Securing evidence: We can begin by seeking police reports, witness statements, and other evidence to help demonstrate that the Uber/Lyft driver was at fault. We would then seek company records through a court order, if necessary.
- Negotiate for a fair settlement: When filing a personal injury claim, we typically start by negotiating with insurance companies for the settlement you deserve. Some cases settle without going to court.
We are always prepared to present our evidence in a trial if necessary. You deserve to put your health first. We can handle the legal legwork while you focus on your recovery.
Our Attorneys Have a Track Record of Success
The car accident and personal injury lawyers at the Law Office of Cohen & Jaffe, LLP handles cases in Floral Park, Queens, Nassau County, and throughout New York City. Rideshare accident cases can be complex, but we are ready to fight for your due. Our team knows what steps to take and questions to ask when building your case. We have secured millions of dollars in verdicts and settlements.
Our goal is to get you back on your feet financially with as little burden on you as possible. Our lawyers work directly with our clients to understand their needs and answer all their questions.
We’ll deal with the insurance adjusters on your behalf and find a doctor or arrange to get your vehicle fixed. This way, you can focus on recovering from your injuries and getting your life back in order. We return calls within 24 hours, and clients get Richard Jaffe’s cell phone number for 24/7 accessibility.
Steps to Take After a Rideshare Accident
After an Uber or Lyft rideshare accident, you can protect your rights to compensation by taking the following steps.
Contact the Police
You should contact the police and report the accident. The police will prepare a report about the accident immediately after a rideshare accident.
The police report will be essential if you need to file a claim. They will conduct an investigation and help assign fault to the responsible party.
Seek Medical Attention
If your injuries (or anyone else’s) require immediate attention, request an ambulance. If you do not require emergency medical care, make sure to see a physician for a medical evaluation within 24 hours of the accident.
You never know what kind of injuries you may have. Symptoms may not appear immediately, either. The last thing you want is to suffer a permanent impairment and miss out on compensation to address ongoing medical care.
Document Evidence
Take pictures of the scene and gather license and registration information from the other drivers. Gather contact numbers for any witnesses, as well. You can also write down what you recall so you are prepared to give a statement to the insurance adjuster.
Consider Legal Representation
Consider hiring a lawyer from our firm to work on your case. Dealing with a claim or lawsuit on your own can prove time-consuming and stressful, especially when recovering from injuries.
Rideshare Services Put Pedestrians at Risk, as Well
Injury Prevention notes that pedestrians are at an increased risk of suffering injuries in a rideshare accident. Rideshare drivers may be distracted while looking for their passengers and injured pedestrians. They may pull onto sidewalks or easements when waiting for their fares, coming dangerously close to people walking or biking by.
Work with Our Floral Park Rideshare Accident Attorneys
If you’ve been involved in a rideshare accident in the Floral Park, NY area, call the Law Office of Cohen & Jaffe, LLP for a no-cost consultation about a potential legal claim. Our Nassau County legal team is eager to help.
We’ll come to you if you can’t make it to our office, and our team will never charge a fee until after we’ve recovered compensation for you. Contact us today at (516) 358-6900. Our staff can also answer questions about what happens if an Uber or Lyft hit your car.
For a free legal consultation with a uber and lyft rideshare accidents lawyer serving Floral Park, call 516-358-6900
