June 24, 2022
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Reading Time: 4 min
If you’ve been injured in a rideshare accident by an Uber or Lyft driver, then you can file a claim against them for your bodily and property damages. This holds true whether you are the passenger in the vehicle or if you were struck by a rideshare driver in another vehicle.
In New York State, all drivers are required to hold no-fault coverage under their auto insurance. This coverage kicks in to cover medical expenses as a result of an accident, no matter who is at fault, up to $50,000. If you were injured in an accident in or with a rideshare vehicle, you will be covered for no-fault under the insurance company insuring the rideshare vehicle. Your own personal automobile insurance, if you have it, may also provide additional no-fault insurance benefits to you. You can also file a claim against the at-fault driver’s insurance in order to obtain compensation for your personal injuries.
Understanding Liability and Insurance in Rideshare Accidents
How A Rideshare Policy Can Apply to Your Accident
The driver was off the clock: If the driver is not currently accepting fares, or off the clock, then their own personal auto insurance policy will apply. In New York State, all drivers are legally required to carry no-fault insurance as well as an insurance policy with at least $25,000 per person/$50,000 per accident in liability limits.
The driver was on the app, but between fares: If the driver was on the app, but did not have a passenger in their vehicle, companies like Uber and Lyft provide third-party liability coverage and the required limit in New York is $1,250,000.
The driver was on the app, with passengers: If the driver was on the app and transporting passengers and at fault for the accident, you will need to file a claim with the company’s insurance policy. Companies like Uber and Lyft hold up to $1,2500,000 in third-party liability coverage for bodily injuries or property damage if their driver is found to be at-fault.
Can I Sue the Rideshare Driver If I Was A Passenger?
If you were a passenger who was injured in a rideshare accident and your driver is at-fault or partially at-fault for the accident, you will be covered by Uber or Lyft’s third-party liability insurance and can make a claim for your personal injuries on that policy.
Can I Sue the Rideshare Company If I Was Not A Passenger?
If you were involved in a rideshare accident as either a pedestrian or a driver of another vehicle and the Rideshare vehicle was at fault, whether or not you can file a claim against Uber or Lyft directly will depend on if the driver was on the app or off duty.
If the driver was off duty at the time of the accident, Uber or Lyft will deny any insurance claims made against them. Instead, you will need to file a claim directly with the driver’s personal auto insurance.
If the driver was on duty and on the app, then Uber or Lyft’s liability insurance will apply to your personal injury claim although they may fight your claims.
Why Do I Need A Rideshare Accident Attorney?
Rideshare accident claims can be more complicated than your average car accident claim since there may be multiple insurance agencies and coverages involved. Even if your Uber or Lyft driver was at fault for the accident, the ridesharing company may still fight the claim and try to deny any liability.
Hiring an experienced rideshare accident attorney can help you to ensure that you recover the maximum compensation for your injuries, as the ridesharing companies will likely try to settle your case for pennies on the dollar. Your Uber or Lyft attorney will handle all of the heavy lifting on your case, from determining whether or not the driver was on duty at the time of the accident to negotiating directly with the insurance company.
If you’ve experienced serious injuries as a result of an Uber or Lyft driver’s negligence, don’t hesitate to contact a rideshare injury attorney. At Cellino Law, our team has decades of experience in handling all types of motor vehicle accidents and know what tactics insurance companies will use to try and deny or limit your claim. Call us today at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.