What Happens If I’m Hit by an Uber or Lyft Driver in New York City?
As the number of Uber, Lyft, and other rideshare vehicles soars in New York City, so does the number of pedestrians hit by one of these cars. Just who is responsible for paying your medical expenses and related bills depends on whether the driver was logged in to the app at the time of the accident.
Pedestrian accidents are often serious or deadly. While you are recuperating, the last thing you want to do is argue with an insurance carrier. When an Uber or Lyft driver hits you, whether their personal car insurance policy or that of Uber or Lyft applies is often complicated. That is one reason you should obtain legal counsel as soon as possible.
An NYC Uber accident lawyer at Douglas & London will thoroughly investigate your case while protecting your rights. We will identify the proper insurance carrier and fight aggressively, so you receive the compensation you deserve for your injuries.
No-Fault Insurance Law
New York is a no-fault auto insurance state. This means the accident victim’s own auto insurance policy will pay for their medical expenses and lost wages, up to the limits of the policy.
If you do not have auto insurance and no one in your household has such a policy, then the insurer of the vehicle’s driver is liable for your costs. In order to file a personal injury lawsuit, most accident victims must suffer serious injuries before they can seek compensation above and beyond the no-fault system.
An NYC Lyft accident lawyer knows that unlike those who were injured while occupants of a vehicle, a pedestrian hit by a car is not bound by the state’s no-fault law when it comes to filing a personal injury lawsuit. The pedestrian sues the driver rather than Lyft, but if the driver was working at the time, Lyft’s insurance policy should provide you with compensation.
Liability
If the Uber or Lyft driver was at fault for your accident, your lawyer will file a claim with either company. In New York City, the Taxi and Limousine Commission (TLC) requires a minimum level of liability insurance coverage of $100,000 per person, $300,000 per accident, $200,000 in personal injury protection, and $10,000 in property damage liability for rideshare drivers. That is the minimum if the driver is logged onto the app and is either on the way to pick up a passenger or is waiting for ride notifications.
If the driver had a passenger in the car when you were hit, a different level of policy kicks in. That increases the amount of bodily injury liability and property damage coverage to $1.25 million.
Keep in mind that Uber and Lyft drivers are independent contractors and are not employed by these companies per se. If you were hit by a rideshare driver who was not logged into the app at the time, their personal auto insurance should cover your costs.
However, it is possible that the driver’s auto insurance company will deny the claim because they did not know the insured was driving the vehicle for commercial purposes.
What to Do After a Pedestrian Accident
Many pedestrians are too badly hurt to do anything at the accident scene except wait for first responders. If you are able, call the police right away and report the incident.
Use your phone to take photos and videos of the accident scene. Record the damage to the car and your injuries. Photograph the street conditions and the location. If you’re not capacle of doing this, ask a friend or even someone stopping to help you to undertake this critical task.
Get the contact information for the driver, including their name, address, phone number, driver’s license number, insurance carrier, and Uber or Lyft identification.
Always go to the hospital immediately. Do not hesitate, even if you do not think you were hurt. Many injuries do not appear for several hours after an accident. Delaying a trip to the emergency room or an urgent care center can endanger your life and harm your claim.
Contact an Uber Injury Attorney in New York City
If you or someone you know were hit by an Uber or Lyft driver in New York City and suffered serious injuries, you need the services of the experienced New York City personal injury lawyers at Douglas & London. To schedule a free case review, just submit our online form or call or text us 24/7. After reviewing your case, we will discuss your options. Our dedicated attorneys have recovered millions of dollars for clients injured in car accidents in either settlements or verdicts. We work on a contingency basis, so you pay no fee unless we win. Hablamos Espanol.
