If you experienced losses in a rideshare wreck, you may be entitled to compensation. Our Uber accident attorneys in Yonkers at Morelli Law Firm can help you understand what happened, break down your rights, and fight for the compensation you deserve. We offer free consultations.
How Uber Reacts to an Uber Accident
The first thought on most peoples’ minds after an Uber accident involves their insurance. Drivers and passengers alike want to know that they’ll be protected from harm in the aftermath of their losses.
Uber offers insurance to its on-duty drivers and to the bulk of its passengers. However, drivers can only access this insurance coverage if they’re on duty at the time of an accident. Passengers benefit from this coverage no matter what, though Uber does cap the amount of money passengers can request for medical bills and property damage.
Third-Party Drivers in Uber Accidents
Uber does not offer this kind of coverage to any drivers who may have been hit by their employees. As such, all unaffiliated drivers are expected to file PIP claims with their own providers.
The question of insurance is especially important to consider when considering whether or not you want to file a civil claim. New York operates on a no-fault policy. This means that all drivers are considered responsible for their own losses.
No-fault policies require more legwork from injured parties who want to file civil complaints. You have to file a claim with your insurer before you can request compensation through a civil court. Fortunately, you can start meeting with our Uber accident lawyers in Yonkers while submitting your initial insurance claim.
Addressing Your Settlement Offer
In many cases, Uber is reluctant to give unaffiliated drivers the opportunity to pursue civil cases. As such, the company may offer unaffiliated drivers a settlement before they can seek out legal advice.
If you believe an Uber driver may be responsible for your losses, you can calculate a possible settlement offer ahead of time. A personal injury attorney can help you estimate the compensation to which you may be entitled and present your argument for a claim.
If you do receive a settlement offer, you can compare and contrast that offering to your estimate. In turn, you can more effectively negotiate for the financial support that will protect both you and your family.
Filing for Uber Accident Compensation in Yonkers
If you want to file for compensation after an Uber accident, our Yonkers, NY, Uber accident lawyers can help you find the best place to start. This process requires you to write a complaint.
To create a complaint, much like a claim, you need information regarding both your losses and liability on hand. Without these details, a court may not see fit to move your complaint forward to civil court.
Understanding Duty of Care
When you get on the road, you make a point to try and keep other drivers safe. While the rules of the road dictate that there are certain laws that you have to follow, there are also behaviors that qualify as good practice. When you uphold both the rules of the road and that reasonable behavior, you uphold your duty of care.
With that in mind, drivers who don’t take reasonable care of one another on the road can be held responsible for any accidents they get into. If you can prove that another party violated their duty of care, you may have an easier time naming that party liable for your losses.
Declaring Liability in an Uber Accident
Establishing a duty of care can help you declare liability, but it doesn’t always establish a specific party for you. Instead, both you and a Yonkers Uber accident attorney can assess the scene of your uber accident to determine why it is that the collision took place.
When establishing liability in an Uber accident, you have to consider whether or not the person behind the wheel of the colliding car has a relationship with Uber.
On-Duty Uber Drivers
If your accident involved an on-duty Uber driver, you can hold Uber liable for your losses. That said, Uber is specific when declaring whether or not the company’s drivers are on duty. You can only hold Uber accountable for your losses if a driver:
- Had passengers in their car at the time of the accident
- Was on their way to pick up passengers
- Was using the app to wait for passengers
Drivers using their cars for personal reasons or who aren’t using the Uber app while driving cannot rely on Uber’s protection. In turn, unaffiliated drivers can hold off-duty individuals responsible for their losses in court.
Uber and Unrelated Drivers
If you get into a car accident while in an Uber, you also have the option to pursue legal action. Both passengers and Uber drivers may file claims against the individual they believe to be liable for their losses.
Passengers, however, may also retain the right to file a civil claim against Uber. Uber may offer passengers a settlement, but all interested parties should contact an attorney before accepting.
Your Uber Accident Compensation in Yonkers
Your avenues for compensation after an Uber accident in Yonkers are many. While you’ll want to work out the specific details in an initial case consultation, you can often list the following in your complaint:
- Medical expenses related to the accident
- Mobility aids and medication
- Property damage, repair, and replacement
- Pain and suffering
- Loss of companionship
- Funeral expenses
- Wrongful death
You cannot request punitive damages in your initial complaint, but that doesn’t mean that you can’t benefit from them. If it appears that the liable party grossly violated roadway law, a judge may choose to apply punitive damages to your case. These damages can see you walk away with more financial support than you would have otherwise.
Filing Within New York’s Statute of Limitations
If you want to file a civil complaint against another driver, you need to do so within three years of the day your accident takes place. This deadline is established by New York’s statute of limitations, detailed further in New York Civil Practice Laws & Rules § 214. Our Yonkers Uber accident lawyers can help you meet that deadline if you’re feeling stressed.
Discuss Your Financial Support With Morelli Law Firm
Recovering from an Uber accident takes a considerable amount of time. You may even lack the resources to live life as you used to. That said, you do not have to resign yourself to a life that is defined by your previous accident. Instead, you can reach out to Morelli Law Firm.
Our Uber accident attorneys in Yonkers understand that you want to reclaim your life. That’s one of the many reasons we’ll fight for you. For more information about what an Uber accident civil suit might look like, you can reach us by phone or through our website to request a free case evaluation.
