Who is at fault in a Rochester rideshare accident is decided the same way as in any New York State crash; by showing which driver failed to use reasonable care. What changes is the insurance. While an Uber or Lyft driver is on a trip, the vehicle must carry at least $1.25 million in liability coverage and matching uninsured motorist coverage under Vehicle and Traffic Law Section 1693. As an injured passenger, you can pursue compensation whether the rideshare driver or another driver caused the crash.
Make Sure to Document Everything
If possible, take photos of the other driver's vehicle as well as your rideshare driver's. Determining fault is generally the responsibility of the police, but as a rider, you may be asked for a witness statement. Take notes if you can, digitally or on paper so the details are clearly documented.
Always Seek Medical Treatment
Many car accident injuries do not show symptoms right away. To ensure that you'll receive compensation for your medical care, go to the hospital right away so a professional can check you for strains, broken bones, or soft tissue injuries.
Retain a Professional Personal Injury Attorney
Lawyers that focus on advocating for victims of car accidents are personal injury attorneys, and they can work to get you compensation for your injuries. These attorneys fight for you, working to pursue your claim against insurance companies that are protecting their clients.
Who Pays For My Insurance Claim?
All vehicles on the road must have insurance coverage. Where a rideshare driver is on a trip in New York State, Vehicle and Traffic Law Section 1693 requires liability coverage of at least $1.25 million for bodily injury and property damage, along with supplementary uninsured and underinsured motorist coverage in the same amount. While the driver is logged on and waiting for a request, minimums of $75,000 per person and $150,000 per crash apply.
To determine who is at fault, your personal injury lawyer must prove the driver's liability (who caused the accident) and the extent of the damages (your injuries and any lost wages from work). Once these have been successfully established, then your lawyer will pursue damages.
For a full breakdown of which policy responds at each stage of a trip, read our guide on whose insurance pays in a New York rideshare accident claim.
Rochester Rideshare Accident FAQ
Who is at fault if my Uber or Lyft driver caused the crash?
The rideshare driver can be held responsible under ordinary negligence rules, and the on-trip policy of at least $1.25 million under Vehicle and Traffic Law Section 1693 may apply to your injuries. New York State comparative negligence rules also allow fault to be shared between drivers.
Can I recover if another driver hit my rideshare vehicle in Rochester?
Yes. You can bring a claim against the at-fault motorist's insurer, and the rideshare policy's uninsured and underinsured motorist coverage may apply if that driver carries too little insurance or none at all.
Do rideshare passengers get no-fault benefits in New York?
Yes. New York no-fault coverage pays up to $50,000 per person in basic economic loss for medical bills and lost earnings under Insurance Law Section 5102, no matter who caused the crash.
How long do I have to file a rideshare injury lawsuit in New York?
Most personal injury lawsuits must be filed within three years of the crash under CPLR 214(5). Shorter notice deadlines can apply, so it helps to speak with a lawyer soon after the accident.
If you've been injured in a car accident while using a rideshare service in Rochester, it's important to make sure that you contact a Rochester car accident lawyer immediately. Insurance companies are notorious for denying claims or looking to settle as fast as possible. While a quick settlement may look good at first, if you have ongoing health complications following the accident, you deserve compensation for that medical care. William Mattar Accident Lawyers handles rideshare accident claims across New York State, with locations serving Rochester, Buffalo, Syracuse, Albany, and Long Island. Call (844) 444-4444 for a free case review.
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