Victims of negligent and careless rideshare drivers have options to recover the money they need to pay for their medical care and other damages. Determining this path is not always straightforward. If you were hurt and are unsure what to do, we are here for you.
A Glen Cove Uber and Lyft rideshare accident attorney from the Law Office of Cohen & Jaffe, LLP can pursue compensation for you. During your case review, you will have an opportunity to ask questions, learn about your legal options, and get information about the services our firm provides.
Pursuing and Securing Compensation for Your Rideshare Accident Injuries
The New York State Department of Motor Vehicles upholds strict laws for rideshare companies and drivers. Under these laws, Uber and Lyft are “transportation network companies” or TNCs.
New York State TNC laws also mandate insurance requirements. This includes a minimum of $1,250,000 in vehicle liability insurance any time the driver has a rideshare passenger in the vehicle. In accordance with this law, Uber and Lyft provide liability coverage for drivers and stipulates that:
- A contingency policy supplements the driver’s liability coverage when they are on the app but not matched with a TNC rider.
- A $1,250,000 liability policy goes into effect as soon as the TNC driver matches with a rider.
- The required liability coverage remains in effect until the passenger arrives at their destination and the ride is ended on the app.
Other Insurance Policies May Come Into Play
When our car accident attorneys represent a client hurt in an accident, we first must establish the circumstances that led to their injuries. If they were a TNC passenger at the time, we can determine which liability policy comes into effect and file their claim. However, there are other situations where a rideshare driver causes injuries. This could occur when:
- The TNC driver collides with another vehicle, and the occupants of that vehicle are hurt.
- The Uber or Lyft driver hits a pedestrian or cyclist.
Under either of these circumstances, we must determine what the rideshare driver was doing on the TNC app when the collision occurred. If they had a rideshare passenger at the time of the crash, the insurance coverage available may be very different than if they were waiting to match with one.
Vicarious Liability does Not Usually Apply
These cases can also be complex because of how the TNC structures its relationship with its drivers. Uber and Lyft drivers are not employees of their respective companies. Instead, they are independent contractors. This means the legal doctrine of respondeat superior does not apply, making it more difficult to hold the companies vicariously liable for their drivers’ bad actions.
Of course, there are other ways the companies could be at-fault. If we need to build a case against the rideshare company, it may be possible to hold them responsible based on negligent hiring of the driver, failing to complete adequate training, or other factors. Most cases settle without a lawsuit, though. This only comes into play in very rare circumstances.
What Damages Are Covered in a Rideshare Insurance Payout?
No matter if we negotiate a settlement with the insurance company or need to go to trial and receive a jury award, our goal is to get justice for our client by forcing those legally responsible to pay a fair and appropriate value for the expenses and losses they caused. We work with our clients to develop a list that includes:
- The expenses they owe
- The losses they incurred
- Their likely future costs
- Their intangible losses, often called “pain and suffering”
We use this list and the specific items in each category to tabulate a fair settlement range for their case. We use this value to demand compensation from the insurer or insurers and threaten to go to court if they do not issue an appropriate payment. We can often negotiate a settlement within this range for our clients.
Examples of Rideshare Accident Damages
The specific recoverable damages will vary from case to case. Some common examples include:
- Current and future medical treatment and injury care
- Expenses related to medical care and support
- Lost income and future missed wages if they cannot return to their job
- Property damages
- Miscellaneous relevant costs with documentation
- Pain and suffering
We use expert testimony, experience, knowledge of similar cases, research, and other resources to accurately estimate the value of our clients’ intangible losses and future expenses.
The Law Office of Cohen & Jaffe, LLP Represents Injured TNC Riders
Our case results include significant settlements and awards for many clients hurt in car accidents, including TNC driver collisions. Our Glen Cove injury team knows how to get a positive outcome for victims of transit crashes, pedestrian and bicycle accidents, taxi collisions, motorcycle accidents, and more.
We fight for our clients’ best interests, aiming for fair recovery of their related expenses and losses incurred.
We are a contingency fee firm. We do not charge money upfront for any of our services. Our clients are never asked to pay anything down. We only get attorney’s fees from the proceeds we recover in your case. If we do not win a settlement or verdict with compensation, we do not receive these fees.
Deadlines May Apply to Your Case
Most Uber and Lyft rideshare crash claims settle with the insurance company and do not require us to sue or go to court. However, our litigation team will prepare and file the paperwork for a lawsuit and manage this process if needed.
We only have up to three years from the accident date to file a lawsuit in most cases, per CVP § 214.
We Provide Complimentary Car Accident Case Assessments in Glen Cove
A TNC accident attorney from the Law Office of Cohen & Jaffe, LLP can help you secure a financial recovery based on the expenses and losses you suffered. You should not have to try to cover these costs on your own when you did nothing to cause the crash.
Call (516) 358-6900 now to speak with our team about your rights.
For a free legal consultation with a uber and lyft rideshare accidents lawyer serving Glen Cove, call 516-358-6900