When a rideshare trip unexpectedly turns into a stressful accident, the aftermath can leave you feeling overwhelmed and unsure of what to do next. If you are facing such a situation, we understand how confusing and worrying it can be to navigate the process. At Andrews, Bernstein & Maranto, PLLC, we approach every case with empathy and a commitment to helping you achieve the best possible outcome. This guide will walk you through the steps you should take after a rideshare accident in New York, ensuring you protect your rights and strengthen your case for compensation.
Prioritize Your Safety and Health Immediately After the Accident
The moments following a rideshare accident can be chaotic. The first and most important step is to ensure your safety and the safety of others. If possible, move to a safe area away from traffic and check for injuries. Even if you feel fine, it is crucial to seek medical attention as soon as possible. Some injuries, like whiplash or internal damage, may not present symptoms immediately. Prompt medical care not only safeguards your health but also creates a record that can be invaluable if you decide to pursue legal action.
Contact Law Enforcement and Report the Accident
New York law requires that motor vehicle accidents involving injuries or significant property damage be reported to the police. When law enforcement arrives, provide a clear and accurate account of what happened. Make sure the responding officer includes the rideshare company’s involvement in the accident report. This document will be an essential piece of evidence for your case, so ensure its accuracy before leaving the scene.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Gather Evidence and Document the Scene
If it is safe to do so, take the time to gather evidence at the accident site. Use your phone to take photos of the vehicles, road conditions, traffic signs, and any visible injuries. Exchange contact and insurance information with the rideshare driver and any other parties involved in the accident. If there are witnesses, politely ask for their contact information as well. Their statements can provide additional support to your case.
Notify the Rideshare Company and Your Insurance Provider
Most rideshare companies require their drivers to report accidents promptly, and as a passenger or affected party, you should do the same. Reporting the accident to the rideshare company documents the incident in their system and ensures you are on record as being involved. Additionally, notify your own insurance provider about the accident, even if you are not at fault. Insurance policies often have specific requirements for timely reporting, and failure to do so could affect your coverage.
Understand New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, which means your own insurance coverage typically pays for medical bills and lost wages regardless of who was at fault in the accident. However, if your injuries meet a certain threshold of severity, you may be able to file a claim against the at-fault driver or rideshare company for additional compensation. This process can be complex, and having a knowledgeable attorney on your side can help you navigate the legal requirements.
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Seek Legal Advice to Strengthen Your Case
Rideshare accidents often involve multiple parties, including the rideshare company, their insurance providers, and other drivers. Determining liability and negotiating with insurers can be challenging. Speaking with an attorney who has experience handling rideshare cases can provide you with clarity and guidance. They can help you gather the necessary evidence, handle communications with insurance adjusters, and advocate for your rights throughout the claims process.
The Role of Insurance in Rideshare Accidents
Rideshare drivers are covered by a combination of their own insurance and the rideshare company’s policy, which typically offers higher limits during certain periods of the trip. If the driver was logged into the rideshare app and actively transporting a passenger, the company’s insurance policy may apply. However, if the driver was off-duty or not logged into the app, their personal insurance may be the primary coverage. Understanding which policy applies to your case can make a significant difference in the outcome of your claim.
Be Cautious When Dealing With Insurance Adjusters
After a rideshare accident, you may receive calls from insurance adjusters seeking information about the incident. While it is important to cooperate, remember that their goal is often to minimize the payout on your claim. Avoid making statements that could be misinterpreted or agreeing to a settlement offer without fully understanding the long-term costs of your injuries. Consulting an attorney before speaking with adjusters can help you avoid potential pitfalls and protect your interests.
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Keep Records of All Expenses and Communications
Maintaining detailed records is critical for building a strong case. Keep copies of medical bills, receipts for out-of-pocket expenses, and documentation of lost income. If you experience ongoing pain or emotional distress, consider keeping a journal to track how the accident has affected your daily life. Additionally, save copies of all communications with insurance companies and the rideshare company, as these can serve as evidence during negotiations or litigation.
Navigating the Claims Process After a Rideshare Accident
The process of filing a claim after a rideshare accident can feel like an uphill battle. Unlike a standard car accident claim, you may be dealing with multiple insurance companies at once, including the rideshare company’s insurance and the driver’s personal insurance. Each insurance provider may attempt to shift responsibility to the other, leaving you caught in the middle. This back-and-forth can lead to delays in receiving compensation. An attorney can help you cut through this confusion by identifying which insurance policy should cover your claim and pushing for timely resolution. With a legal advocate managing these negotiations, you can focus on your recovery instead of dealing with the stress of endless insurance phone calls.
Compensation You May Be Entitled to Receive
If you were injured in a rideshare accident, you may be entitled to compensation beyond what New York’s no-fault insurance provides. While no-fault insurance covers medical bills and lost wages up to a certain limit, more severe injuries may qualify you for additional compensation. This can include payment for pain and suffering, ongoing medical treatment, physical therapy, and the emotional toll the accident has taken on your life. Determining the full scope of your losses requires careful review of medical records, wage statements, and other documentation. An attorney can help ensure that all your damages are accounted for, giving you a stronger position when negotiating a settlement or pursuing a lawsuit.
Why Legal Representation Matters for Rideshare Accident Cases
Rideshare accident cases are often more complex than typical car accidents due to the involvement of large companies and their insurance providers. An experienced attorney can help you determine the full extent of your damages, including medical expenses, lost wages, and pain and suffering. They can also negotiate with insurance companies on your behalf and, if necessary, represent you in court to ensure you receive fair compensation.
If you are feeling uncertain about your next steps, know that you do not have to navigate this process alone. Andrews, Bernstein & Maranto, PLLC is here to guide you through every stage of your case. Our team is dedicated to providing compassionate and effective legal representation to help you achieve a successful outcome. Contact us today to schedule a consultation and take the first step toward resolving your rideshare accident case.