Ridesharing has become a common and convenient mode of transportation for millions of people across New York State. With companies like Uber and Lyft providing on-demand services, the number of rideshare vehicles on the road continues to grow. However, with this rise in rideshare services, there has also been an increase in traffic accidents involving rideshare drivers. These accidents can be particularly complicated due to the unique legal and insurance issues that surround ridesharing. Understanding what to do if you are involved in an accident where the rideshare driver is at fault is crucial for protecting your rights and ensuring that you receive the compensation you deserve.
Determining Liability in Rideshare Accidents
When a rideshare driver causes an accident in New York State, one of the first things that must be determined is liability. Unlike traditional car accidents, where liability usually rests solely on the drivers involved, rideshare accidents introduce additional layers of complexity. Rideshare drivers are considered independent contractors, not employees of the rideshare companies. This distinction means that rideshare companies often attempt to distance themselves from liability when their drivers are at fault.
However, rideshare companies like Uber and Lyft do provide insurance coverage for their drivers while they are on duty. The amount of coverage depends on the status of the driver at the time of the accident. If the driver was logged into the rideshare app and waiting for a ride request, they may have different coverage than if they were actively transporting a passenger or on their way to pick up a fare. Sorting through these details can be overwhelming, and it is important to have a clear understanding of how liability is determined in these situations.
Reporting the Accident and Seeking Medical Attention
Immediately after a rideshare accident, your first priority should be your safety and well-being. If you or anyone else involved in the accident is injured, it is essential to seek medical attention right away. Even if you do not feel immediate pain, some injuries may not become apparent until hours or days after the accident. Getting checked by a healthcare professional is critical to ensure that any injuries are diagnosed and treated early.
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Once you have addressed any immediate medical concerns, it is important to report the accident to the authorities. In New York State, you are required by law to report any accident that results in injury or significant property damage to the police. You should also inform the rideshare company of the accident through their app or customer service. This step is crucial because it puts the rideshare company on notice that an accident has occurred, which may help in the claims process later on.
Collecting Evidence at the Scene
If you are physically able to do so, collecting evidence at the scene of the accident can be extremely valuable when filing a claim or pursuing a lawsuit. Evidence can include photos of the vehicles involved, damage to property, road conditions, and any visible injuries. You should also gather contact information from the rideshare driver and any other drivers involved, as well as any witnesses to the accident.
It is also helpful to note the rideshare driver’s status at the time of the accident. Were they logged into the rideshare app? Were they transporting a passenger or en route to pick someone up? These details can affect how insurance coverage is applied in the event of a claim. Additionally, make sure to obtain the police report once it becomes available, as it will include critical details about the accident and the officers’ assessment of fault.
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Dealing with Insurance Companies
Navigating the insurance process after a rideshare accident can be one of the most confusing and frustrating aspects of the ordeal. In New York State, rideshare drivers are required to carry their own personal auto insurance, but when they are on duty, their rideshare company’s insurance coverage often comes into play. If the rideshare driver is found to be at fault, you may be entitled to compensation from either their personal insurance or the rideshare company’s insurance policy, depending on the circumstances.
However, dealing with insurance companies can be challenging. Both the rideshare company’s insurer and the driver’s personal insurance provider may attempt to minimize the amount of compensation you receive. They may argue that the driver was not on duty at the time of the accident or that your injuries are not as severe as you claim. This is why it is crucial to have legal representation on your side to help navigate the insurance process and ensure that your rights are protected.
Filing a Claim for Compensation
Once you have gathered the necessary evidence and reported the accident, the next step is filing a claim for compensation. In New York State, you have the right to seek compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and property damage. If the rideshare driver was at fault, you may be able to pursue a claim against their insurance policy, the rideshare company’s insurance policy, or both.
Filing a claim can be a complex process, especially when multiple insurance companies are involved. It is important to keep detailed records of all expenses related to the accident, including medical bills, repair costs, and documentation of any time you have missed from work. You may also need to provide evidence of the long-term impact of your injuries, such as physical therapy or rehabilitation.
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When to Consider Legal Action
In some cases, insurance companies may not offer a fair settlement for your damages, or they may deny your claim altogether. When this happens, you may need to consider taking legal action to recover the compensation you deserve. Filing a personal injury lawsuit against the rideshare driver and potentially the rideshare company itself can be a way to hold the responsible parties accountable.
New York State law allows you to file a personal injury lawsuit within three years of the date of the accident. However, it is advisable to consult with an attorney as soon as possible after the accident to ensure that your case is handled properly. An attorney can help you gather the evidence needed to build a strong case and negotiate with the insurance companies on your behalf.
Understanding New York’s No-Fault Insurance Laws
One of the unique aspects of car accident claims in New York is the state’s no-fault insurance laws. Under these laws, your own insurance company will cover your medical expenses and lost wages regardless of who was at fault in the accident. This means that even if the rideshare driver was clearly to blame, you may still need to file a claim with your own insurance company for your initial medical expenses.
However, the no-fault insurance system does not cover all types of damages, such as pain and suffering or damages for serious injuries. If your injuries meet the threshold for “serious injury” under New York law, you may be able to step outside the no-fault system and file a lawsuit against the rideshare driver. Serious injuries can include fractures, significant disfigurement, permanent loss of use of a body part, or injuries that result in significant limitations to your daily activities.
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Working with an Attorney
Given the complexities of rideshare accidents in New York State, working with an experienced attorney is one of the most important steps you can take. An attorney who understands the nuances of rideshare accident cases can help you navigate the legal process, deal with insurance companies, and ensure that you receive the full compensation you are entitled to.
Your attorney will be able to investigate the accident, determine liability, and handle all communications with the insurance companies involved. This can be especially important when dealing with rideshare companies, which often have large legal teams and resources dedicated to minimizing their liability. An attorney can also advise you on whether it makes sense to pursue a personal injury lawsuit and will represent you in court if necessary.
Statute of Limitations and the Importance of Acting Quickly
In New York State, there is a statute of limitations for filing personal injury claims, which means that you have a limited amount of time to take legal action after a rideshare accident. If you fail to file your claim within this time frame, you may lose your right to seek compensation.
For most personal injury claims in New York, the statute of limitations is three years from the date of the accident. However, if you are pursuing a claim against a government entity, such as a municipality, the time frame may be shorter. It is crucial to consult with an attorney as soon as possible to ensure that all necessary legal steps are taken within the appropriate time limits.
If you have been involved in an accident caused by a rideshare driver in New York State, you may be facing a confusing and stressful situation. Dealing with multiple insurance companies, determining liability, and navigating New York’s no-fault insurance laws can be overwhelming. However, you do not have to go through this process alone.
The attorneys at Andrews, Bernstein & Maranto, PLLC are here to help. We have extensive experience handling rideshare accident cases and can guide you through every step of the legal process. Whether you are seeking compensation through an insurance claim or considering filing a personal injury lawsuit, our team is dedicated to ensuring that you receive the full compensation you deserve. Contact us today to schedule a consultation and learn how we can assist you in your case.