Driving in New York City is a challenge for even the most experienced of drivers. That said, when you get into an Uber, you and your loved ones expect a safe and responsible ride. If you get into an Uber accident, there’s a chance that you, the driver, and other people on the road may suffer serious losses.
Contending with the legal aftermath of an Uber accident can be complicated. Fortunately, you don’t have to do it alone. Whether you’re an Uber driver, passenger, or third-party driver, Morelli Law Firm is here for you. You can schedule a free case consultation with a New York Uber accident attorney after your incident. We’ll provide you with more information about your post-accident rights.
How to Contend with Uber and Accident Insurance
New York’s no-fault legislation requires all area drivers to pursue compensation through their insurers before filing legal complaints. That said, who a person reaches out to for coverage will vary based on certain conditions at the time of the accident.
Insurance and Liability for Unaffiliated Drivers
Drivers who are hit by Uber drivers are not protected by Uber’s insurance. These parties must file claims with their own providers if they want coverage. Only after speaking with an insurance provider may they take up a civil claim against Uber. The claim must go to Uber if the driver in question was on duty at the time of the accident. In these cases, Uber can offer the injured driver a settlement or see a civil case through to its conclusion.
Uber drivers who aren’t on duty at the time of an accident do not benefit from Uber’s insurance. If the driver who hit you wasn’t on duty at the time, then you can work with Uber accident lawyers in New York to file a complaint against the company.
Insurance and Liability for Uber Drivers and Passengers
On-duty Uber drivers may file insurance claims with their parent company. However, Uber only considers a driver to be on duty when driving passengers or waiting for ride requests on the Uber app. Drivers who are hit while fulfilling these conditions can file for insurance coverage through Uber. Those who aren’t must file with their own insurers.
Passengers, comparatively, are protected by Uber’s insurance under all accident-related conditions. Passengers are thus expected to file their insurance claims with Uber. Uber’s insurance will offer up to $1,000,000 in liability coverage to passengers involved in their accidents alongside comprehensive collision coverage. That said, if it appears that Uber’s coverage is insignificant, injured passengers can pursue claims against the driver who hit them.
At no point will Uber connect either its passengers or its drivers with Uber accident lawyers in New York. Any parties that wish to pursue financial support through civil means must connect with a legal team on their own.
What to Include in Uber Accident Complaints
When determining what kind of compensation you want to request after an Uber accident, you have to consider your losses. There’s a chance you may overlook an opportunity to ease your post-accident financial burden. With that in mind, both you and an Uber accident attorney in New York should consider the following losses.
Medical Expenses
If you or other parties were injured in an Uber accident, then you can include related medical expenses in your complaint. This includes costs that you’ve yet to incur, like upcoming surgeries or long-term physical therapy.
You’ll want to get a third-party’s opinion on your need for the aforementioned medical procedures. If you can include a doctor’s note along with your initial complaint, a judge and opposing counsel will be less likely to challenge their expenses’ inclusions.
Emotional Damages
While emotional damages don’t come with a dollar value, you can still request compensation for those that you’ve endured. For example, pain and suffering constitute non-economic damages in an Uber accident’s civil case. You’ll need to work out the dollar value of these losses ahead of time, though a New York Uber accident attorney can make that process easier. Consider referring back to similar Uber accidents to see how much other injured parties received for similar damages.
Property Loss or Repair
Cars do a lot to protect you when you get into an accident. However, you’re often left to contend with the residual damage in the accident’s aftermath. If you do choose to pursue a civil claim, you can include both repairs and replacements in your complaint.
Of course, property damage isn’t confined to your car. If personal belongings were lost in the accident, including your cell phone, laptop, or luggage, you can include those expenses in your compensation estimation.
Don’t forget the cost of any vehicles you may need to rent in the days following an accident. If you can’t replace your car but still need to get from place to place, the liable party may have to help you pay off the cost of renting a temporary vehicle.
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Let Our Team Tackle New York’s Statute of Limitations
If you want to file a complaint against another party after an Uber accident, you need to start working right away. New York’s statute of limitations caps the amount of time in which you may submit a complaint to area courts. This statute, outlined by New York Civil Practice Law & Rules §214, gives you three years to act on your beliefs. Failure to act within this period of time can see you waive your right to compensation, regardless of your position in an Uber accident.
You do not have to try and use this time on your own, though. A New York Uber accident attorney can help you through your post-accident recovery as soon as you’ve finished filing a claim with your insurance provider. With an experienced law firm on your side, you can bring a comprehensive complaint before a judge well within the statute of limitations allowed to you by the state.
Fight for Uber Accident Compensation with Our Team
You deserve financial security after an Uber accident. Ensuring that security is difficult, though, when you don’t know the legal rules you have to play by. Instead of trying to take on post-accident legal challenges alone, turn to Morelli Law Firm. Our Uber accident attorneys in New York can go to bat for you in your fight for post-accident compensation.
To set up a free case consultation with our team, you can use our online form or call our office.