We may rely on Uber and Lyft for a ride to work or after a night out, but accidents caused by these companies and their drivers can leave victims with serious injuries. Getting compensation can be difficult, but insurance is usually available to cover your injuries.
Our attorneys can fight the insurance companies and take cases to court when necessary to fight for full compensation after your crash. Do not rely on these rideshare companies to have your back, and do not trust that their insurance companies are paying you the full value without a lawyer’s help.
For a free case review, call The Martello Law Firm’s Uber and Lyft accident lawyers at (914) 685-6950 today.
Who Pays for a Crash with an Uber/Lyft Driver?
Whether you were a passenger in an Uber or Lyft or whether you were in another car, on foot, or on a bike will make a difference in who pays for your damages after a crash. In many cases, damages are going to come from insurance rather than the rideshare company, for reasons we will explain below.
Rideshare Passengers
If you were a passenger in the rideshare car, then your damages are likely going to be paid first by the rideshare driver’s insurance and then by the at-fault driver.
Your driver must have no-fault insurance to drive in New York, and driving for Uber/Lyft usually requires a commercial policy or rideshare policy. On top of this, Uber and Lyft both cover damages through insurance policies that kick in when there is a rider in the car, when the driver is on the way to a pickup, or when the driver is on duty and needs additional coverage.
After those policies pay out, you may also get additional damages from the at-fault driver’s insurance. If this was another driver, we can file a claim against them. If it was the Uber/Lyft driver, then again, these insurance policies should have a liability policy to pay you as well, covering things like pain and suffering if you suffered serious injuries.
Other Drivers/Passengers
If you were in another car, your driver must also have no-fault insurance in New York. This will pay for a certain amount of damages (often $50,000), but it will not cover everything.
If you suffered serious injuries, you can sue the at-fault driver or file an insurance claim against them for the rest of your damages, plus pain and suffering.
Pedestrians and Cyclists
People hit while walking or riding a bike are also covered under the no-fault policy of the car that hit them. They can also sue for additional damages, but only if they meet the serious injury threshold as well.
Can You Sue Uber or Lyft?
Usually, you cannot sue Uber or Lyft for a crash. These companies insist that their drivers are not employees and they should instead be treated as self-employed independent contractors.
That would insulate them from lawsuits, but cases typically do not get that far in practice. These companies have high-dollar insurance policies, and they often settle claims before they get to a lawsuit.
This keeps the rideshare companies from having to test their legal theory in court, but it also means victims get the payout they need from insurance in many cases.
Can I Settle with Uber/Lyft’s Insurance?
Most cases will settle with the insurance company before ever getting to a lawsuit. However, you should not trust that the insurance company has valued your case correctly.
Insurance companies have a notorious practice of offering “nuisance settlements.” This essentially treats your case like it is not real and offers a meager value to try to shut you up and stop you from bringing a case. This means that initial settlement offers may not even actually account for your damages and might be based instead on how much the insurance company can afford to lose.
This is obviously unacceptable, but it can be hard to say no to a settlement. Our Uber and Lyft lawyers should review any settlement offers before you sign or accept them so we can advise you about the true value of your case and negotiate for a more appropriate settlement value.
If you do accept the settlement, the case is over; do not sign anything from Uber or Lyft or take any money until our lawyers advise you to do so.
What Do I Do After an Uber or Lyft Accident?
You should get yourself medical care immediately after a crash if you need it. Call 911, report the accident to the police, and get a ride to the hospital. Do not trust that the rideshare driver or another driver will take care of this for you; you should call 911 yourself.
If you are able to stay at the scene of the accident, make sure you collect the following information:
- Contact and insurance info for all drivers
- Contact info for all witnesses and other passengers
- Time and location of the crash
- Weather and road conditions
- Lighting conditions
- Injuries sustained
- Any traffic controls, signs, or traffic lights at the intersection.
You should also report the accident through your app if you were a rider, but do not engage with representatives from the company beyond reporting the accident. They may try to dissuade you from filing a claim or try to give you a quick settlement or perks to avoid a case.
Do I Have a Case?
If you were injured in a crash with an Uber or Lyft, you likely have a case. Riders likely cannot be held liable for a crash, but someone has to be responsible. Whether the accident was caused by your Uber/Lyft driver or another driver, the rideshare company’s insurance should help cover you.
If you were in another car, it might be harder to tell if the courts would hold you or the rideshare driver responsible, but it is vital to call a lawyer and discuss. The same is true if you were a pedestrian or on a bicycle.
Contact Our Uber/Lyft Accident Attorneys in New Rochelle Right Away
Reach out to the Uber and Lyft accident lawyers at The Martello Law Firm today at (914) 685-6950.
