You booked a rideshare to get somewhere safely, but instead, you ended up in an accident. If you are wondering whether you have legal recourse, you may want to speak with an Uber accident lawyer.
Below, our rideshare accident lawyers in New York explain your rights as an injured passenger, walking you through some potential legal options.
Your Passenger Rights After an Uber or Lyft Crash in New York
According to a 2021 study published in Injury Prevention, each additional 100 rideshare trips in New York City increased the likelihood of an injury-causing crash by 4.6%. If you’ve been injured in one of these wrecks, it’s important to understand your rights.
New York is a no-fault insurance state, which means that regardless of who caused the crash, each driver’s personal injury protection coverage typically pays for the initial medical expenses. However, if your injuries meet New York’s serious injury threshold under Insurance Law 5102 (d), you may be able to lodge a claim against the at-fault party.
What constitutes serious injuries under New York law? The list may include disfigurement, bone fractures, permanent limitation of a body organ, and injuries that prevent normal daily activities for 90 out of the 180 days after your crash.
Some Legal Options To Consider After Your Rideshare Accident
According to Uber’s U.S. Safety Report, the company recorded 127 fatal crashes from 2021 to 2022. More than half of those accidents involved risky driving behaviors, predominantly attributed to third-party drivers. After seeing those numbers, you may wonder who passengers should seek compensation from after a rideshare accident.
When you’re injured while riding an Uber or Lyft vehicle, figuring out who to file a claim against is the first step. Parties that could potentially share liability include:
- The rideshare driver: If the Uber or Lyft driver caused the crash through negligence, speeding, or distracted driving, you might be able to make a claim against their personal auto insurance.
- A second driver: If a third-party driver caused the collision, your Uber accident lawyer may suggest a claim against their liability insurance.
- The company: Uber or Lyft’s commercial insurance policy may apply, particularly if the driver was actively engaged with the app during the crash.
Companies like Uber and Lyft carry commercial liability insurance policies. The terms differ based on what the driver was doing when the accident occurred. If the driver had the app on but hadn’t yet accepted a ride, lower coverage may apply.
More About When Uber or Lyft Passengers Can File a Lawsuit in New York
New York’s no-fault system doesn’t prevent lawsuits; it sets a threshold. If your injuries qualify as serious, you may file a personal injury lawsuit, and consulting with a car accident lawyer in New York early on can help you understand which deadlines apply. New York generally allows three years from the date of the accident to file.
According to the World Health Organization’s Road Traffic Injuries fact sheet, updated in December 2023, crashes kill approximately 1.19 million people worldwide each year, and an additional 20 to 50 million people sustain non-fatal injuries. If you have been in such an accident, you may consider pursuing damages. However, suing Uber or Lyft directly can be complicated since they typically classify drivers as independent contractors rather than employees, which can limit direct liability.
Beyond filing a lawsuit, there are several other legal options for Uber and Lyft passengers in New York. One common path is filing a third-party insurance claim directly with the at-fault driver’s insurer or through the rideshare company’s commercial policy. If a fair settlement cannot be reached, filing a civil lawsuit may become necessary.
How To Approach Rideshare Accident Injury Claims With a Car Accident Lawyer in New York
If you’ve been injured in an Uber or Lyft accident, a personal injury law firm handling rideshare cases may help you explore your options. Acting promptly and carefully documenting everything is a good idea.
Here is what you might need to do after your rideshare accident:
- Seek medical attention: See a doctor as soon as possible, even if your injuries initially seem minor. Medical records constitute important documentation.
- Report the accident in the app: Uber and Lyft have in-app reporting options for accidents. This creates an official record.
- Gather evidence: Photograph the vehicles, road conditions, and injuries. Collect contact and insurance information from everyone involved.
- Avoid giving recorded statements: Insurance adjusters may contact you right away. Consult your Uber accident lawyer before making formal statements.
It’s advisable to consult an Uber or Lyft accident lawyer who is familiar with New York’s rideshare insurance framework. New York’s pure comparative negligence rule means that even if a court finds you partially at fault, you can still recover compensation proportionally. Your lawyer can more fully explain how specific compensation procedures apply to your case.
Talk to Cassisi & Cassisi, P.C.’s Rideshare Accident Lawyers About Your Options in New York
Rideshare accident cases in New York involve layered insurance rules, multiple potential defendants, and strict legal deadlines. If you would like to know the steps to take after a car accident or if you need to consult a Lyft or Uber accident lawyer in New York, consider contacting Cassisi & Cassisi, P.C. at (516) 294-5050. We’re well-versed in rideshare accident injury claims and compensation procedures.
Frequently Asked Questions
Here are some common questions people ask about rideshare accidents in New York.
Will a Personal Injury Law Firm Help Rideshare Passengers Sue the Driver and Uber or Lyft?
A rideshare passenger may be able to pursue claims against individual drivers or the rideshare company’s insurance policy. Your personal injury lawyer can advise you based on the situation.
Does New York’s No-Fault Law Apply to Rideshare Passengers?
Yes, New York’s no-fault law generally applies to rideshare passengers. Your initial medical expenses may be covered through PIP insurance regardless of fault.
What Does an Uber or Lyft Accident Lawyer Do in a Rideshare Case?
A Lyft or Uber accident lawyer can help you identify liable parties, navigate insurance tactics, communicate with adjusters, and handle a settlement or lawsuit on your behalf.
