New York Uber Accident Lawyer
Uber and other rideshare services have significantly altered how people get around New York City. New Yorkers use Uber every day to commute to work, the airport, social engagements, and back home after a fun night out with friends. While Uber is a convenient and cost-effective mode of transportation, there are also numerous safety risks associated with the rise in the number of Uber drivers.
Uber drivers don’t receive specialized training, and the company doesn’t closely monitor its drivers. When they’re working, Uber drivers often receive new trip requests while already carrying a passenger, which can easily lead to distracted driving. And even if an Uber driver is a responsible, skilled motorist, they can’t predict how other motorists will behave on the road.
If you were harmed in an Uber accident in New York, contact Hach & Rose, LLP to discuss your situation and get a free consultation. We know that getting your injuries treated can lead to steep medical bills and financial struggles, especially if you can’t work while recovering. We will do everything in our power to help you seek the maximum available compensation for your medical bills, lost income, and other losses. Contact us today at (212) 779-0057 for a no-risk consultation.
Who Is Liable for a New York Uber Accident?
Assessing liability for an Uber accident is more complicated than determining fault for a typical motor vehicle accident. That’s because Uber accidents can involve multiple liable parties, such as:
- The Uber driver
- A motorist in another vehicle
- Private transportation companies
- Defective vehicle part manufacturers
- The City of New York, if you’re hit by a city bus or school bus
Further complicating matters is the fact that New York is a no-fault state for auto insurance. That means motorists must turn to their personal injury protection (PIP) policies for coverage after an accident. You will only be able to step outside the no-fault system and pursue a claim against the person who caused the accident if you suffered a serious injury, as defined by state law.
A full investigation will be needed to establish liability and identify the party or parties who are responsible for compensating you.
How Can I Get Compensated if an Uber Driver Caused My Accident?
If you suffered a severe injury in an Uber accident and have reached your personal injury protection (PIP) policy limits, you could seek additional compensation through a third-party insurance claim. If you were injured in an Uber accident that a third party caused, such as another motorist, you could file a claim with that motorist’s liability insurance policy. If the Uber driver caused the accident, then liability will depend on the Uber driver’s status at the time of the crash.
The Uber Driver Had an Uber Passenger in Their Car or On Was Their Way to Pick Up a Fare
If the Uber driver was carrying a fare or was en route to pick up a passenger, you could turn to Uber’s $1,250,000 liability insurance policy for coverage. In New York, Uber is also required to carry:
- Uninsured/underinsured (UM/UIM) motorist bodily injury coverage: $1,250,000
- $50,000 PIP coverage per person
Uber’s insurance company will do everything in its power to avoid liability for your injuries and other losses. You need an attorney in your corner to advocate for your interests and help you seek the maximum available compensation.
The Uber Driver Was Logged In and Waiting for a Ride Request
If the Uber driver was logged into the app but hadn’t accepted a ride request when the collision occurred, you could obtain limited coverage from Uber’s insurance policy. This limited coverage includes:
- Liability coverage: $75,000 in bodily injury per person, $150,000 in bodily injury per accident, and $25,000 in property damage per accident
- Uninsured/underinsured motorist bodily injury coverage: $25,000 in bodily injury per person, $50,000 in bodily injury per accident, $50,000 per person for a fatality, and $100,000 per accident for fatalities
- $50,000 PIP coverage per insured person
The Uber Driver Was Not Logged into their App
You won’t be able to file a claim with Uber’s insurance provider unless the driver was on the job at the time of the accident. If the driver wasn’t on duty and wasn’t logged into the app, any claim you file will almost certainly be denied. If you sustained severe injuries in a collision with an Uber driver who wasn’t on the clock, you could file a claim with the driver’s private insurance provider for additional damages not covered by your own PIP plan.
What to Do After an Uber Accident in New York
If you were involved in an Uber accident, you should take these steps after the crash to protect yourself and your rights:
- Call the police – It’s critical to report the accident to law enforcement immediately. At the scene, the police will fill out an official accident report that contains important details about the crash. You should also notify Uber about the accident as soon as possible. If you don’t file a report with Uber and later file a claim with their insurance provider, the insurance company might contest the claim.
- Document the scene – You should document the scene of the accident through photos and videos if you can. If you’re severely injured, ask someone else to gather evidence for you. If anyone witnessed the accident, you should ask for their contact details. Their testimony could significantly strengthen your case.
- Seek medical treatment – Your health should be your top priority as soon as you leave the accident scene. If you suffered serious injuries, you might need emergency medical services, but even if your injuries seem minor, you should still see a doctor within 72 hours. If you sustained injuries with delayed symptoms, such as whiplash or a traumatic brain injury, waiting to seek treatment could lead to severe complications. You could also inadvertently harm any insurance claim you plan to file with your PIP plan or Uber’s policy if you fail to get prompt medical care. The insurance company might argue that your injuries aren’t that serious if you put off visiting the ER or a doctor.
Before accepting a settlement from your insurance company or Uber’s provider, you should consult with an attorney. Insurance companies are for-profit institutions, and to avoid a large payout, they may initially offer you less than you’re entitled to. Our attorneys will carefully document your losses and fight for the amount you deserve. Uber accidents often lead to multiple insurance claims with multiple providers, but we have the capacity to juggle each of these claims for you while you focus on your recovery.
Contact a New York Uber Accident Lawyer
If you were seriously injured in an Uber accident in New York City, Hach & Rose, LLP can help. With over 100 years of combined legal experience, our New York Uber accident lawyers have the necessary knowledge and skills to help you seek a fair settlement or judgment.
Determining liability for an Uber accident and navigating the insurance claims process can be complex and confusing for many accident victims. At Hach & Rose, LLP, we can make things easier by handling your claim for you while you concentrate on rebuilding your life. You can count on us to keep you updated and informed at every stage of the process.
Contact us today at (212) 779-0057 for a free consultation to find out whether you have a case.