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Rideshare Accident Lawyer in New York

A damaged car in a rideshare accident on a busy New York street with police cars and officers responding to the scene.

If you were recently injured while riding in an Uber or Lyft, you may have questions about liability, compensation options, and your insurance claim. A New York rideshare accident lawyer from our team at the Wohlgemuth Law Firm PLLC can guide you through the process to clarify your legal rights and options.

We understand that rideshare accidents can present significant personal and legal challenges. We provide experienced legal support so you can focus on your recovery.

Our team offers a variety of personal injury legal services. If you need to consult a car accident lawyer in Brooklyn, New York, or if you need rideshare crash legal representation, call us today. 

Common Injuries in Rideshare Accidents

From 2010 to 2021, rideshare services conducted over 11 billion rides, according to CDC data, which also found that for every additional 100 rideshare trips occurring within a given hour and zone, the odds of an injury crash increased by about 4.6%.

In recent years, rides have increased dramatically, with Uber alone conducting over 1.8 billion rides in 2021. Uber’s safety report further shows relatively low accident rates, with a 0.0002% rate of critical safety incidents and a 0.1% rate of safety concerns in 2021. Still, when these percentages are calculated over billions of rides per year, they translate into thousands of people suffering rideshare injuries.

A variety of factors can contribute to rideshare accidents, such as aggressive driving, texting, driving under the influence, fatigue, speeding, mechanical issues, failing to obey traffic laws, hazardous weather, poor road conditions, and more. Depending on the nature of the accident, passengers may suffer severe injuries, such as the following:

  • Traumatic brain injuries
  • Head or neck trauma
  • Whiplash
  • Spinal cord damage
  • Bone fractures
  • Soft tissue injuries
  • Burns or lacerations

If you have been injured in a rideshare accident, we recommend seeking medical treatment as soon as possible, even if your symptoms feel minor. Our  New York rideshare accident lawyers frequently deal with insurers attempting to minimize claims and victims’ injuries. A prompt diagnosis and strict adherence to your treatment plan demonstrate the severity of your condition.  

How New York's No-Fault Laws Apply to Rideshare Accidents

New York follows a no-fault insurance system, which means that drivers make a claim with their own insurance after an accident, regardless of who caused it. All drivers are required to carry Personal Injury Protection (PIP) to cover medical expenses or lost wages for passengers injured in an accident in their vehicle. 

So, how does this apply to rideshare accidents? If you are an injured passenger in a rideshare accident, your claim will typically be made under the insurance policy of the vehicle you are riding in. This is where more complexities arise, as the specific policy will depend on various factors.

How Does Insurance Coverage Work in a Rideshare Accident?

Here is a breakdown of the policies that Uber and Lyft generally follow:

  • Accidents when the driver is waiting for a ride request and logged into the app: In this scenario, the company provides limited coverage that only applies if the driver’s insurer denies their claim or does not cover the damages.
  • Accidents when the driver is on their way to pick up a ride: With the app on and the driver en route, the rideshare companies offer more comprehensive insurance  coverage. This is still contingent on the driver having their own policy.
  • Accidents when the driver is transporting a passenger: During a ride with the app on, companies provide substantial liability coverage with the same contingencies. This protection also includes uninsured or underinsured motorist coverage. 

An Uber-Lyft injury lawyer from our team can assist you in understanding which insurance policy applies to your situation. We analyze factors such as app usage, in-app communication, and driver status to determine claim potential. 

The Potential for Filing a Lawsuit

New York allows injured car accident victims to file a lawsuit against negligent parties if they meet the serious injury threshold. If you suffer a “serious” injury, as defined by New York law, or if your economic losses amount to more than $50,000, you may be able to file a lawsuit, depending on your case’s details.

Filing a lawsuit could allow you to pursue compensation beyond what insurance typically covers. Our  New York rideshare accident lawyers can evaluate your medical documentation and economic losses to guide you in understanding whether a lawsuit may be a viable option for your case. 

The Potential for Filing a Lawsuit

The type of compensation you can pursue for your accident depends on whether you make an insurance claim or file a lawsuit. Insurance companies often cover economic losses such as medical expenses and lost wages relating to the injury, though coverage extent depends on the policy limitations. Insurers may also cover property damage.

If you are able (and choose) to file a lawsuit, you may be able to pursue non-economic damages, such as pain and suffering. Our  New York rideshare accident attorneys can estimate the potential value of your claim based on the available evidence, so you understand your options.

Are You Looking for a Rideshare Accident Attorney in New York?

Whether you are seeking representation from a Brooklyn rideshare accident lawyer or wish to speak with a car crash lawyer, call the Wohlgemuth Law Firm PLLC at (718) 474-9100 to schedule a consultation. 

FAQs

Find answers to common questions below:

New York’s statute of limitations on personal injury cases is typically three years from the date of the accident, though various exceptions may apply. Notably, claims against the city and/or municipal agencies require a notice of claim to be filed within 90 days of the date of the accident and a lawsuit to be filed within one year and 90 days from the date of the accident. 

Yes, you may technically sue Uber or Lyft if you are in an accident, but you must meet New York’s serious injury threshold and various other criteria. You can discuss your options with our  New York rideshare accident lawyers.

A personal injury lawyer in Brooklyn, New York, represents victims of accidents caused by negligence. They guide clients through the legal steps to pursue compensation for their losses.