If you were injured in a ridesharing accident caused by another party’s negligence, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, and more. Certain rules and caveats apply to who may be liable for this type of accident. These include:
- Whether or not a ridesharing driver was logged in to the ridesharing app
- If they were on the way to pick a passenger
- Whether or not there was a passenger in the vehicle
- Who was at fault for the accident
A New York personal injury lawyer from Morelli Law Firm may be able to investigate your case to determine whether the party liable for your damages was the rideshare driver, a rideshare company, or another party involved. Call us today for a free, no-obligation consultation on your case with a member of our team. Morelli Law Firm may be able to represent you on a contingency-fee-basis with no up-front payments necessary for us to begin working for you.
You May Have Options for Filing a Liability-Based Claim After a New York Uber or Lyft Accident
New York has complex insurance laws even before considering the added complications of a liable driver operating an Uber or Lyft. However, if you suffered serious injuries, the expenses of your care and other losses may make it necessary to try to pursue compensation beyond what your no-fault policy can provide.
This is where the team from Morelli Law Firm may be able to help. We can review the facts of your case, your injuries, and other factors and help you understand if you are eligible to file a third-party liability insurance claim or civil lawsuit in your case. If so, we can take a deeper look at your claim to determine the insurance policy that was in place at the time of the accident, which may include:
- The individual driver’s auto liability policy
- A secondary policy provided by the rideshare company in the event the driver’s policy denies the claim
- A primary liability policy provided by Uber or Lyft
Our team can help you sort out what happened, prove liability, file your claim, and represent you throughout the process. By doing so, we allow you to focus on healing from your injuries.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Ridesharing Rules and Provisions
There are many rules and provisions that apply to ridesharing accidents. Here are some of the most important factors that may determine who you will pursue damages against after a ridesharing accident.
All ridesharing drivers undergo a thorough background check before receiving approval to become a driver. All rideshare vehicles must undergo a maintenance and safety check. You must have your own private driver’s license to become a driver. Some rideshare drivers use their personal vehicles. However, Uber and Lyft also partner with car rental agencies and service companies to provide some drivers with vehicles.
If there were any lapses in these procedures, or if the negligence of any of the involved parties caused your accident, they could be liable for your damages.
App and Phone Usage
Ridesharing services run on apps that run on smartphones. Uber and Lyft only provide insurance coverage to their drivers under specific circumstances, such as when a driver is logged in and has a passenger in the vehicle or is on the way to pick up a passenger.
Driver status is often the ultimate determinant of who will be deemed responsible for a ridesharing collision. The rideshare company may be liable for your injuries if the driver in your accident:
- Was logged in to the app and waiting for a ride
- Accepted a ride request but had not yet picked up the passenger
- Had picked up the passenger and was transporting them to their destination
If you are involved in an accident under any other conditions, such as the rideshare driver being logged off of the app and not working when they caused your accident, then the rideshare driver may be personally liable for your injuries.
For all ridesharing accidents in which the insurance policies of the ridesharing company do not apply, you may treat your accident just like any other traffic collision. This means that if you can prove that the rideshare driver was liable for your accident, you may be able to pursue their personal insurance company for compensation for your damages.
How a New York Rideshare Accident Attorney Can Handle Your Case
A ridesharing accident lawyer in New York can investigate your case to determine who is liable for your injuries. Once we have identified the liable party, we can:
- Gather evidence of their liability and the extent of your damages
- Hire traffic accident reconstruction and medical experts to testify in your defense
- Negotiate with the responsible party’s insurance company for a settlement
- Take your case to trial if they are unwilling to make you a fair offer
We can also handle all communications, legal deadlines, and paperwork on your behalf when we represent you. To learn more about these services, call Morelli Law Firm today. We offer a free consultation to New York ridesharing accident victims.
Rideshare Companies Do Not Want This Process to Be Easy
Even as a New York rideshare accident lawyer from Morelli Law Firm, it was a learning process to figure out how to navigate this type of case, as ridesharing became a common way to get around. The laws had to catch up to ensure riders and others remained protected. Now, we know how to argue these cases and help victims recover compensation.
Today, most residents in the U.S. have access to these services, even in more rural areas outside of the city. There is no doubt about the popularity of ridesharing. Unfortunately, the rise in popularity of these services has also contributed to the rise in traffic accident fatalities in the United States, according to the Becker Friedman Institute at the University of Chicago.
If you suffered serious injuries or lost a loved one in a New York rideshare accident, call Morelli Law Firm today to discuss your options with a member of our Uber and Lyft accident team.
Recoverable Damages in a Ridesharing Accident
If we can gather the necessary proof to show you qualify to pursue a third-party liability case by meeting an exception to New York’s no-fault accident laws, Morelli Law Firm may be able to file an insurance claim and seek compensation on your behalf.
If we can negotiate a settlement with the insurance company that represents Uber, Lyft, or the rideshare driver, you could recoup compensation for damages such as:
- Medical costs, including surgery, treatments, and medications
- Estimated future cost of all medical care
- Lost income
- Reduced earning capability
- Pain and suffering
If your family member passed away in a ridesharing accident, you may be able to recover a different set of damages in a wrongful death case. Morelli Law Firm also handles wrongful death lawsuits. We may be able to represent you in this type of legal action.
New York’s Statute of Limitations on Car Accident Cases
New York imposes a three-year statute of limitations on personal injury lawsuits, per New York Civil Practice Law & Rules (CVP) §214. If you fail to take legal action before time expires, it could prevent you from recovering compensation for your injuries. For wrongful death cases, there is a two-year limit based on New York Estates, Powers & Trusts §5-4.1.
How Much Does a Rideshare Accident Lawyer in New York Cost?
We may be able to handle your case on a contingency fee basis. In this type of arrangement, you do not pay us attorney’s fees unless and until you recover compensation in a settlement offer or court awards. Do not delay if you are considering legal action for your ridesharing accident injuries.
Call a Rideshare Accident Attorney in New York Today
You do not need to face a complex ridesharing accident lawsuit on your own. Morelli Law Firm may be able to manage your case while you concentrate on your recovery. We can discuss what specific deadlines pertain to your case when you call our firm for a free consultation.