More and more Uber, Lyft, and other rideshare drivers are taking to the streets of New York City as a convenient method of transporting riders who do not want to take public transportation. This means that accidents with Uber and Lyft drivers are also arising, and victims often feel unsure about how to seek compensation after these crashes.
Who pays for your injuries after an accident involving an Uber or Lyft driver? Consulting a rideshare car accident lawyer in New York can provide you with a personalized answer to this question based on the details of your accident.
Understanding New York’s No-Fault Insurance Laws
New York is a no-fault car accident state. This means that drivers generally pursue injury claims with their own insurance providers after accidents, regardless of who was at fault. Whether your accident involved an Uber driver, a taxi driver, or any other type of motorist, your first step would typically be to make a claim through your personal injury protection (PIP) insurance.
New York car accident law requires all drivers to carry at least $50,000 in basic economic loss coverage per injured person. This insurance pays for injury expenses like:
- Emergency room visits
- Physician fees
- Physical/occupational therapy
- Essential services, such as household help after a serious injury
- Up to 80% of lost wages capped at $2,000 per month
PIP does not cover non-economic losses such as pain and suffering or emotional distress. It also does not cover property damage caused by the accident.
If your injury expenses exceed $50,000 and meet the state’s serious injury threshold, you may be able to pursue additional damages from the at-fault driver.
Exploring Insurance Coverage Provided by Uber and Lyft
Uber and Lyft both offer extensive liability insurance for accidents involving their drivers. The coverage that applies to a specific accident depends on the rideshare driver’s status at the time of the accident. It also may depend on where the accident happened in New York State as Uber and Lyft claim their policies are inapplicable in New York City.
- The driver has a passenger or is en route to pick up a passenger: Both companies offer at least $1 million in liability coverage for accidents that happen while the driver is actively driving for the company.
- The driver’s app is on, and they are waiting for a rideshare request: If the driver was waiting for their next ride assignment when the accident happened, limited liability insurance would apply, generally covering $50,000 per person and $100,000 per accident for injuries.
- The driver’s app is off: If an Uber or Lyft driver’s app was off at the time of the accident, rideshare coverage would not apply. In this case, the driver would seek coverage through their personal auto insurance.
Under New York’s no-fault laws, someone involved in a car accident may only pursue injury compensation from the at-fault driver if the accident meets the “serious injury” threshold, leading to severe or permanent injuries. In these cases, the victim could pursue damages beyond their own medical expenses coverage, potentially through the rideshare company’s coverage or a personal injury case. They would need to pursue legal action within the car accident statute of limitations, which is generally three years in New York.
Seek Legal Assistance From an Uber Accident Lawyer
Rideshare accidents are relatively common, with one survey reporting that approximately one-third of rideshare drivers have been involved in a crash while working. While Uber reports that 99.9998% of its trips in 2021 and 2022 ended without a safety incident, the company still saw 153 motor vehicle fatalities and many more non-fatal injury accidents during that time frame.
If you were involved in an Uber or Lyft crash, our car accident lawyers in New York at the Wohlgemuth Law Firm PLLC can explore recovering damages after a car accident and explain your legal rights. Call 718-474-9100 for a consultation.
Frequently Asked Questions
Who pays for Uber and Lyft crashes in New York?
New York’s no-fault system means that drivers involved in accidents pursue personal injury claims through their own insurance first. A Lyft accident lawyer can explore whether you may be able to seek additional compensation through the rideshare company or driver.
What if I was driving for Uber when I was in an accident?
If you were driving for Uber when an accident occurred, you may have a workers’ compensation claim or the rideshare company may extend insurance coverage to you, depending on the circumstances of the accident and your driving status at the time.
How can a rideshare accident lawyer represent you?
A rideshare car accident lawyer in New York can explain the compensation process and protect your legal rights after this type of often complicated accident.