After an accident involving an Uber or Lyft, the question of which insurance policy applies can seem incredibly complex. Multiple policies and different phases of the driver's activity create layers of confusion for anyone injured.
The stakes in a rideshare crash in NYC are high, involving large corporate insurance plans, the driver's personal policy, and potentially multiple other parties, all governed by New York's specific traffic and insurance laws, which is why speaking with a New York rideshare accident lawyer can help you sort out who is actually responsible.
A rideshare company's massive commercial policy often provides substantial coverage, but accessing it depends entirely on the driver's status at the precise moment of the collision.
Key Takeaways for Rideshare Crash in NYC
- The rideshare driver's activity at the time of the crash determines which insurance policy provides coverage.
- Uber and Lyft provide up to $1.25 million in liability coverage for accidents that happen during a ride.
- New York's no-fault insurance system may provide the first layer of coverage for your medical expenses.
- You may have a claim against the rideshare driver, a third-party motorist, or the rideshare company itself.
- Strict deadlines apply for filing both no-fault claims and personal injury lawsuits in New York.
New York's No-Fault Insurance Laws
New York operates under a no-fault auto insurance system, which means that after a car accident, your own insurance policy (or the policy of the vehicle you were in) is the first source of payment for medical expenses and lost wages, regardless of who caused the crash.
This system applies to a rideshare crash in NYC just as it does to any other motor vehicle accident. For a passenger, the no-fault coverage generally comes from the insurance policy of the rideshare vehicle. These initial benefits help provide a financial buffer while your larger liability claim develops.
Who Provides the Initial No-Fault Coverage?
As a passenger in an Uber or Lyft, you’re covered by the vehicle's no-fault insurance policy, also known as Personal Injury Protection (PIP). You must apply for these benefits within 30 days of the accident.
The policy provides up to $50,000 for necessary medical treatment and other basic economic losses. If you were a pedestrian, bicyclist, or another motorist and struck by a rideshare vehicle, your own auto insurance policy's PIP coverage may be primary.
If you don't own a car, the vehicle that struck you provides the no-fault coverage. An attorney can help clarify the correct order of coverage after a rideshare crash in NYC.
What Happens When Your Injuries Are Serious?
The no-fault system restricts your right to sue the at-fault driver unless you have a serious injury as defined by New York law. This threshold prevents lawsuits for minor accidents. A lawyer can assess your medical records to determine if your condition meets the serious injury standard.
A rideshare crash in NYC often causes injuries that qualify under the law:
- Fractures: Any broken bone qualifies as a serious injury.
- Significant Disfigurement: This includes severe scarring that alters your appearance.
- Permanent Limitation of Use: If an organ or limb has a permanent and significant loss of function.
- Significant Limitation of Use: This applies when a body system or function has a major, though not permanent, limitation.
- 90/180-Day Rule: If you’re unable to perform substantially all of your usual daily activities for at least 90 of the first 180 days after the crash.
Uber and Lyft’s Insurance Tiers in New York City
Rideshare companies like Uber and Lyft structure their insurance coverage in different phases. The active policy and its limits hinge entirely on what the driver was doing at the moment of impact. This structure often causes confusion for those injured in a rideshare crash in NYC.
Each phase has a corresponding insurance policy with distinct limits. Understanding these tiers helps clarify who pays for your medical bills, lost income, and other damages.
An accident that happens while you're a passenger in a Lyft crossing the Brooklyn Bridge involves a different policy than one where an Uber driver hits you while waiting for a ride request in a Midtown Manhattan parking garage.
When the Rideshare App Is Off
If a rideshare driver is not logged into the app, they’re considered a private motorist. In this scenario, only their personal auto insurance policy applies to any accidents they cause. Uber and Lyft don’t provide coverage during this period.
Pursuing a claim in this situation works like any other car accident case in New York; you would file a claim against the driver's individual insurance policy. A rideshare crash in NYC can still be complicated in this phase if the driver has inadequate personal coverage, and understanding how car accident settlements work becomes essential when navigating your options.
When the Driver Is Waiting for a Request
Once a driver logs into the app and is available to accept a ride, a limited form of rideshare insurance becomes active. This coverage applies when the driver has not yet accepted a ride request but is actively waiting for one.
During this phase, Uber and Lyft provide contingent liability coverage. In New York, the limits are typically:
- Bodily Injury: $75,000 per person and $150,000 per accident.
- Property Damage: $25,000 per accident.
- Personal Injury Protection (PIP): $50,000 in no-fault coverage.
When the Driver Is en Route or Carrying a Passenger
The highest level of insurance coverage applies from the moment a driver accepts a ride request until they drop off the final passenger. This phase includes picking up a passenger and the entire duration of the trip.
In New York, Uber and Lyft provide substantial commercial insurance policies during this period. The limits are generally:
- Third-Party Liability: $1.25 million in total coverage for death, bodily injury, and property damage.
- Supplemental No-Fault Coverage: $50,000 for certain losses.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: $1.25 million to protect you if the at-fault driver has no insurance or not enough insurance.
Identifying All Liable Parties in a Rideshare Crash in NYC
A common concern after a rideshare crash in NYC is who, precisely, you can hold responsible for your injuries. The answer can involve more than one person or entity. A thorough investigation uncovers every party whose negligence contributed to the collision, which is crucial when you’re trying to get paid after a car accident and need to know where compensation can come from.
The actions of the rideshare driver often represent the primary cause of a crash. However, the conduct of other motorists, the rideshare company's hiring practices, or even poor road maintenance on a street like the FDR Drive may also play a role.
The Rideshare Driver’s Negligence
Many rideshare accidents result from the driver's own errors, such as speeding, distracted driving while interacting with the app, or failing to yield the right-of-way. If the driver's carelessness caused the crash, you may have a claim against them directly.
Another Driver’s Fault
Another motorist on the road may be partially or entirely at fault. Someone might run a red light and T-bone your Uber, or a truck driver might make an unsafe lane change on the BQE and cause a collision.
In these situations, the at-fault driver and their insurance company are a primary source of liability. If that driver is uninsured or their policy limits are too low to cover your damages, the rideshare company’s UM/UIM policy may apply.
The Rideshare Company’s Responsibility
Sometimes, the rideshare company itself may bear some responsibility. For example, if the company hired a driver with a known history of reckless driving or failed to conduct a proper background check, it may be found negligent, which is why many people choose to hire an attorney after a car accident to uncover corporate failures like these.
A claim of this nature is complex because it requires showing that the company's carelessness, and not just the driver's actions, was a factor in your injuries.
Evidence of negligent hiring or supervision is key to holding the corporation accountable. It's a challenging but important avenue to explore.
Negligent Third Parties
Other entities besides the drivers and the rideshare company can also be at fault. For example, a government agency might fail to maintain safe road conditions, or a mechanic might perform faulty brake repairs on the rideshare vehicle.
A full investigation into a rideshare crash in NYC explores all these possibilities.
How a Lawyer Helps After a Rideshare Crash in NYC
Handling a claim for a rideshare crash in NYC involves many legal and procedural challenges. An experienced attorney takes on these burdens, allowing you to focus on your recovery. They act as your advocate, working to secure the full compensation available under the law, and many injured passengers find themselves wondering should i get a lawyer when the process becomes overwhelming.
From investigating the crash to negotiating with insurers, your lawyer manages every aspect of your case. They provide guidance and protection based on years of experience with New York's complex insurance landscape. This support can make a substantial difference in the outcome of your claim.
Investigating the Crash and Establishing Liability
A lawyer thoroughly investigates your rideshare crash in NYC to gather all available evidence. This includes obtaining police reports, securing trip data from the rideshare company, and interviewing witnesses. They work to prove exactly how the accident happened and who was at fault.
Communicating With Insurance Companies
Your attorney will handle all communications with every insurance company involved. This includes the rideshare company's insurer, the other driver's carrier, and your own no-fault provider. This prevents you from making statements that an adjuster might use to undervalue your claim.
Valuing the Full Extent of Your Losses
An attorney works with medical and financial professionals to calculate the full value of your claim. This includes not just your current medical bills and lost wages but also your future medical needs and the long-term impact on your earning potential.
Your personal injury lawyer uses their experience and familiarity with similar cases to place a monetary value on your pain and suffering.
Meeting All Legal Deadlines
Your lawyer ensures that all claims and lawsuits are filed before any legal deadlines expire. This includes the short 30-day window for no-fault benefits and the three-year statute of limitations for personal injury lawsuits.
This diligent attention to deadlines protects your right to compensation after a rideshare crash in NYC.
FAQ for Rideshare Crash in NYC
Do I Sue the Driver or the Rideshare Company?
You may file a claim or lawsuit against the at-fault driver, the rideshare company, or both, depending on the circumstances. If the driver's negligence caused the crash during an active ride, Uber or Lyft's commercial insurance policy would typically apply.
An attorney can help identify all liable parties after a thorough investigation.
What Happens if the At-Fault Driver Flees the Scene?
If you’re the victim of a hit-and-run, the Uninsured/Underinsured Motorist (UM/UIM) coverage on the rideshare vehicle’s policy can provide compensation for your injuries. This coverage steps in when the at-fault driver cannot be identified.
Should I Accept the First Settlement Offer From an Insurance Company?
You must approach early settlement offers with caution. Insurance adjusters often try to resolve claims quickly and for as little as possible, sometimes before the full extent of your injuries is known.
You don’t have to accept an offer; it's best to review any proposal with an attorney to ensure it fairly covers all your current and future losses.
What Is My Rideshare Crash in NYC Case Worth?
The value of each claim is unique and depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, your prognosis for future recovery, and the limits of the applicable insurance policies.
An experienced lawyer can evaluate these elements to give you a more accurate assessment of what your case may be worth.
Can I Still File a Claim if I Was Partially at Fault?
Yes, New York follows a pure comparative negligence rule, which means you can still recover damages even if you were partially responsible for the accident. However, the court will reduce your total compensation award by your percentage of fault.
Building Your Path to Compensation
The legal process is a tool to help you secure the financial stability you need after a rideshare collision in NYC. It allows you to hold the responsible parties accountable and obtain the necessary resources for your recovery.
Take the first step toward securing your future with a free consultation today. Contact Hach & Rose at (212) 779-0057 to speak with a member of our team.