Hurt in an Uber or Lyft Crash in New York City? Here’s Who’s Responsible

Ridesharing apps like Uber and Lyft have revolutionized transportation in New York City, making it easier than ever to get around. However, as the number of ridesharing vehicles on the road has increased, so have accidents using these services.

If you were hurt in an Uber or Lyft accident, you may be asking who is liable for your medical expenses, lost earnings, and other damages. This guide will help you understand liability in these situations and your legal choices.

How Uber and Lyft Accidents Happen

Uber and Lyft have transformed the way we travel by providing accessible and economical transportation options. However, as people rely more on these services, the number of incidents involving rideshare drivers has increased. These accidents can happen for several different reasons, including:

• Driver Negligence: Rideshare drivers, like all drivers, can make mistakes. Speeding, distracted driving, and failure to obey traffic laws are common causes of accidents.
• Poor Weather Conditions: New York City’s unpredictable weather can create hazardous driving conditions, increasing the risk of accidents.
• Fatigue: Many rideshare drivers work long hours to maximize their earnings, which can lead to fatigue and impaired driving.
• Vehicle Maintenance Issues: Some drivers may neglect regular vehicle maintenance, leading to mechanical failures that cause accidents.
• Other Drivers: Not all accidents are the fault of the rideshare driver. Other motorists on the road can also cause crashes that injure Uber or Lyft passengers.

The cause of the vehicle accident is crucial in determining liability and pursuing compensation. 

Who Can Be Held Liable in an Uber/Lyft Accident?

Determining liability in a rideshare accident is difficult because different parties may be at fault, including the Uber or Lyft driver, the rideshare operator, another driver, or even the municipality (if poor road conditions led to the accident).

Uber or Lyft Insurance Policy: Understanding the Three “Driving Periods”

Uber and Lyft provide insurance coverage for drivers, although the amount of coverage varies according to the driver’s status at the time of the accident.

1. App is Off: If the Uber or Lyft driver is not logged into the app when the accident happens, only their personal auto insurance applies. In this instance, the rideshare company does not provide any coverage.
2. App is On, But No Ride Accepted: Uber and Lyft provide limited liability coverage when the driver logs into the app and waits for a ride request. Typically coverage is as follows:
   • $50,000 per person for bodily injury
   • $100,000 per accident for bodily injury
   • $25,000 for property damage
3. Ride in Progress (Passenger in Car): Uber and Lyft provide a $1 million insurance policy for bodily injury and property damage from the time the driver accepts the ride until the journey finishes. This amount is the maximum level of coverage provided.

If an accident happens with a ride-sharing vehicle, your attorney will conduct an investigation to determine the driving period in order to establish liability.

Can You Sue Uber or Lyft Directly?

In most circumstances, Uber and Lyft drivers are considered independent contractors rather than employees. This approach means that companies frequently evade direct accountability for accidents caused by their drivers. But there are exceptions. If the accident was caused by an error-prone app, insufficient background checks, or other corporate negligence, you may be entitled to sue Uber or Lyft directly. An expert personal injury attorney can assist you in exploring these alternatives.

Uber and Lyft’s Insurance Coverage Explained

Uber and Lyft’s insurance policies are intended to protect both drivers and passengers, but understanding the complexities is critical. Here is a brief overview:

• Personal Insurance: When the app is off, the driver’s personal insurance is the only coverage available.
• Contingent Liability Coverage: When the app is on but no ride has been accepted, Uber and Lyft provide contingent liability coverage, which is secondary to the driver’s personal insurance.
• Full Coverage: After accepting a ride, Uber and Lyft activate their $1 million policy, providing strong protection for both passengers and third parties.

It’s crucial to note that insurance companies frequently attempt to reduce payouts, so having a knowledgeable attorney on your side can make a big difference in the result of your claim.

What Should You Do If Involved in an Accident?

If you’re involved in an Uber or Lyft accident, taking the right steps immediately can protect your health and your legal rights. Here’s what to do:

1. Seek Medical Attention: Call 911 and request medical attention immediately if you or anyone else becomes injured. Even if you don’t feel injured, some symptoms may appear later.
2. Report the Accident: Notify the police and ensure an official report is filed. Furthermore, report the accident to Uber or Lyft through their app.
3. Gather Evidence: Take photos of the scene, collect contact information from witnesses, and document your injuries.
4. Avoid Admitting Fault: Be cautious about what you say at the scene. Admitting fault, even unintentionally, can harm your claim.
5. Contact a Personal Injury Lawyer: An experienced attorney can help you navigate the claims process and ensure you receive fair compensation.

Remember that staying calm and taking the right steps can safeguard your well-being and your chances of recovering fair compensation.

How a Personal Injury Lawyer Can Help You

Dealing with the aftermath following an Uber or Lyft accident can be overwhelming, especially when dealing with insurance companies and legal complexities. In these scenarios a personal injury attorney can be your best ally. They can: 

• Investigate the accident and gather evidence to support your claim.
• Negotiate with insurance companies on your behalf.
• Determine all potential sources of compensation.
• Represent you in court if a settlement cannot be reached.

At Greenberg & Stein P.C., we have the experience and resources to handle even the most complex rideshare accident cases.

What to Do if You’re a Passenger and You’re Hurt in an Uber or Lyft Crash in New York City

Regardless of who was at fault, you have the right to compensation if you were a passenger in an Uber or Lyft accident. You can file a claim under Uber and Lyft’s $1 million insurance policy for active trips. If another driver caused the collision, you could potentially file a claim against their insurance. A lawyer can assist you in exploring all possible choices.

Hurt in an Uber or Lyft Crash in New York City? Contact Greenberg & Stein for a Consultation

If you were injured in an Uber or Lyft accident in New York City, you are likely facing various obstacles, including medical bills, lost wages, and the stress of negotiating with insurance companies. Greenberg & Stein P.C. understands how challenging this can be, and we’re here to assist you in navigating the legal system with confidence and ease.

Our experienced personal injury attorneys specialize in all kinds of accident claims, so we understand Uber and Lyft insurance policies, liability difficulties, and the particular challenges these cases face. Whether you’re a passenger, a pedestrian, or another driver involved in a crash with a rideshare vehicle, we’ll work hard to get you the compensation you deserve. Call us at 212-681-2535 to schedule a free consultation to review your case.