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Law Office of Cohen & Jaffe, LLP

When a Pedestrian is Hit by an Uber or Lyft Driver

Can You Sue as a Pedestrian Hit by an Uber or Lyft Driver?

When pedestrians are injured in car accidents, they can typically file personal injury protection (PIP) claims with their own car insurance providers to have their injury-related expenses covered. When a pedestrian does not have automobile insurance, he or she may be able to cover part or all of these expenses through his or her homeowner’s or healthcare coverage. This is true regardless of whether the collision was with a driver running personal errands or driving for profit.

When a victim’s damages exceed New York’s serious injury threshold, he or she may file a personal injury claim with the at-fault party’s insurance provider or file a personal injury lawsuit against them. This is also true regardless of the driver’s reason for being on the road when the crash happened.

You can Only Sue an At-Fault Driver if You Pass the Serious Injury Threshold

In New York, a car accident victim can file a bodily injury claim or personal injury lawsuit when his or her damages exceed $50,000 or if he or she experiences one or more of the following:

  • Loss of a gestating fetus;
  • A bone fracture;
  • Significant disfigurement;
  • Permanent loss of an organ, limb, or body system;
  • Dismemberment;
  • Permanent limit to a body system or function;
  • Substantial limit to a body system or function; or
  • A medically determined injury or impairment that prevents the victim from performing his or her usual daily activities for at least 90 of the 180 days following the accident.

Additionally, victim death is considered crossing the serious injury threshold. When a victim dies, his or her loved ones may pursue compensation for their damages through a wrongful death claim.

How to Determine Whether to Sue the Driver or the Rideshare Platform

To drive for Uber or Lyft, an individual must have his or her own automobile insurance policy. Many insurance providers also provide rideshare coverage for drivers on these platforms. In addition to a driver’s own insurance policy, Uber and Lyft both provide coverage for drivers actively using their apps. This coverage changes at different stages of a ride. As a pedestrian injured in a collision with an Uber or Lyft vehicle, knowing which coverage was applicable at the time of your collision will determine who is liable for your damages.

Both Uber and Lyft provide $1,000,000 in coverage starting when a driver accepts a ride request and ending when the passenger is dropped off. When a driver is logged into the app and actively working, but not driving to or for a specific rider, both platforms provide $50,000 per person and $100,000 per accident in personal injury coverage.

If a rideshare driver was not logged into either app and thus not working when your accident occurred, you may file a claim with his or her personal auto insurance provider.

Work with an Experienced Long Island Car Accident Lawyer

Before you file a bodily injury lawsuit against an Uber or Lyft driver, discuss your case in detail with an experienced Long Island car accident attorney.  Contact our team at the Law Office of Cohen & Jaffe, LLP today to schedule your free legal consultation in our office.









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