When you are injured in an accident caused by a rideshare driver, you are entitled to compensation. Whether you are driving another vehicle, a pedestrian, or a passenger in the rideshare vehicle, you are eligible to make a compensation claim.
The Morelli Law Firm is well aware of all the state regulations for rideshare companies and their drivers, and we keep up to date on any new developments as legislation continues to evolve around these young companies. Our Yonkers ridesharing accident lawyers are here to help.
New York Insurance Requirements for Rideshare Companies
To legally operate in the state of New York, rideshare companies must provide a minimum level of insurance to cover injuries related to crashes involving their vehicles. There are strict rules involving the amount the company must cover depending on when the accident occurred.
During an Active Trip
From the moment a driver accepts a trip until that customer has been dropped off, rideshare companies must provide a minimum of $1,000,000 in coverage.
Logged in and Waiting for a Request
When a driver is logged in to the rideshare app and is waiting for a ride request, the amount the ridesharing company is required to cover drops dramatically. In this situation, the ridesharing company must provide $50,000 in coverage per person and $100,000 per accident.
Not Logged in to Application
If a driver for a rideshare company is not logged into the app at the time of the accident, the rideshare company holds no liability for the accident. They will not provide any coverage to those who have been injured.
Who Is Responsible for Paying a Ridesharing Accident Claim?
Ridesharing companies are legally required to provide this insurance coverage. However, an accident victim may still be making their claim with the driver of the vehicle rather than the company that employs them. Drivers for ridesharing companies are not true employees under the structure these companies have set up.
Instead, they are independent contractors. To become a driver with these companies, one of the requirements is that the driver obtains their own insurance coverage for the vehicle.
While the company is liable for damages if a driver fails to obtain this coverage, or if the amount of damages exceeds the coverage level of the driver, they may not have to pay a dime if the driver’s coverage is sufficient.
An experienced ridesharing accident attorney in Yonkers can help you decipher whose insurance you should file a compensation claim with and when you may need to file a lawsuit instead.
Yonkers Ridesharing Accident Lawyer Near Me 877-751-9800
What Does a Ridesharing Accident Lawyer in Yonkers Do?
After you have been injured in an accident, hiring a Yonkers rideshare accident attorney should be one of the first steps you take to get your life back on track. When you hire a lawyer in these cases, one of the first actions they will take is to begin an investigation into your accident. Common steps they will take include:
- Visiting the scene of the accident to take pictures and gather evidence
- Collecting witness testimony
- Consulting experts
- Obtaining a copy of the official police accident report
- Reviewing your medical records related to injuries sustained in the accident
Once they have completed their initial investigation, your attorney will then review the full range of damages you have suffered and calculate the total value of your claim.
Next, your lawyer will prepare your lawsuit or insurance claim and file the appropriate paperwork with the court or insurance company. Then, your lawyer will begin preparing for a potential courtroom trial. Finally, if necessary, your lawyer will represent your interests in a courtroom trial.
After your lawyer has submitted your lawsuit or compensation claim, they will enter into negotiations to attempt to reach a fair settlement agreement. Throughout the process, your attorney will keep you up to date on all the latest developments in your case, including any settlement offers, and provide legal counsel.
Damages You May Be Eligible to Claim for a Yonkers Ridesharing Accident
After an accident involving a ridesharing vehicle in Yonkers, there are a wide variety of damages for which you may be able to collect compensation. A few of the more common damages include:
- Medical expenses
- Lost income
- Limited earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Lowered quality of life
- Wrongful death
These damages can easily be divided between economic damages and non-economic damages.
Economic damages are the simpler of the two. These include anything that has a direct monetary value, such as medical bills, lost income, and property damage. All these damages are financial losses incurred by an accident victim. They can be replaced directly with equal value in compensation.
Non-economic damages are far more complex. It is much more difficult to assign a dollar figure to things like pain and suffering or lowered quality of life caused by a permanent disability. Quantifying these damages is impossible. Unfortunately, it is the best option available through our legal system for providing compensation.
Because the things covered under non-economic damages tend to be priceless, these damages tend to make up the greatest portion of a compensation package.
The Cost of Hiring a Yonkers Ridesharing Accident Lawyer
After an accident in which you have sustained significant injuries, the last things you need to worry about are additional costs and fighting a legal battle. Fortunately, when hiring an, you avoid both. A ridesharing accident lawyer in Yonkers will take charge of your legal battles, allowing you to focus on recovering from your injuries.
What’s even better is that they will do it at no cost to you. Personal injury lawyers work on a contingency fee basis. That means that they only get paid if you receive compensation. When you receive a payout, your lawyer’s fee will be assessed as a predetermined percentage of the compensation package. That means you will never pay a penny out-of-pocket.
In the majority of cases, those who hire a lawyer receive a significantly greater compensation package (even after a lawyer’s fees have been deducted) than those who attempt to fight for compensation without legal representation.
How Long Do You Have to File a Lawsuit in New York?
When injured in a ridesharing accident in New York, your window for filing a lawsuit is generally three years. However, it is important to note that in certain situations this time frame may be far shorter. Hiring a rideshare accident attorney as soon as possible after a crash can help you make sure that you do not miss any deadlines.
However much time you have to file, it is always going to be in your best interest to get started right away. Delays can severely damage your case. Witness testimony becomes far less reliable with each passing day. Additionally, evidence can become lost or corrupted if not properly gathered and preserved after an accident.
Is It Better to Settle or Go to Court?
When dealing with a ridesharing company, lawsuits can get confusing. Because of the fact that drivers for these companies are technically independent contractors, it can be difficult to know who to file against and how to deal with a claim. Fortunately, a ridesharing accident attorney is well aware of the intricacies involved.
When negotiating with a rideshare company, a driver, or an insurance company, it is important to come from a position of power. That’s why you should always be prepared and willing to take a case to court. However, despite being ready to go to court, in most cases, it is best if you can avoid it.
Taking a settlement offer will save you a lot of time and energy. Additionally, taking a deal means that you will avoid the uncertainty of a courtroom trial. Unfortunately, the other side may not always be willing to agree to a fair settlement deal.
If you are forced to battle it out in court, the silver lining is that you have the potential to take home a greater payout than you would get in an out-of-court settlement.
Hiring a Ridesharing Accident Attorney in Yonkers, New York
The best thing you can do for yourself when involved in any sort of car accident is to hire a ridesharing accident attorney in Yonkers. Having an experienced legal professional by your side will greatly increase your chances of receiving fair compensation.
At the Morelli Law Firm, our legal team is well aware of the laws regarding rideshare accidents. We know what it takes to get our clients the money they deserve.
To schedule a free case evaluation with one of our lawyers, simply give us a call or fill out our online contact form. We will review your case and advise you of all your legal options for pursuing compensation.