If you were hurt in a rideshare crash in New York State, the insurance coverage available depends on what the driver was doing in the rideshare app at the time. From the moment a trip is accepted until the passenger is dropped off, state law requires at least $1.25 million in liability coverage, plus supplementary uninsured and underinsured motorist coverage in the same amount, under Vehicle and Traffic Law Section 1693. A driver who is logged on and waiting for a request must carry at least $75,000 in coverage per person and $150,000 per crash.
Rideshare companies often have large insurance policies and corporate legal teams prepared to protect their interests. Without a rideshare accident lawyer on your side, you may have to face these challenges alone. An attorney will help you hold those responsible for your injuries accountable.
Table of contents
- What Is a Rideshare Service?
- Who Uses Rideshare Services?
- Common Causes of Rideshare Accidents in New York
- Who May Be Liable in a New York Rideshare Accident?
- Driver’s Status and Insurance Coverage
- Steps a Lawyer May Take After a Rideshare Accident
- New York Laws and Rideshare Accidents
- Facing Corporate Insurance Companies and Legal Teams
- Understanding the Value of a Claim
- Working With Our Firm
- Rideshare Accident FAQ
- Contacting William Mattar for a Rideshare Accident Claim
What Is a Rideshare Service?
Rideshare services like Uber and Lyft use a smartphone application to connect passengers with drivers who provide transportation in their own personal vehicles.
The most well-known rideshare companies are often recognized by their easy-to-use apps, rating systems, and sometimes lower fares than traditional cab services. In New York, these services have become a popular way to travel through dense urban environments.
Who Uses Rideshare Services?
Rideshare users come from all walks of life. Some people rely on these services for everyday commuting, while others use them occasionally for a night out.
A professional traveling from an office in Midtown to a conference in Brooklyn may choose a rideshare to avoid navigating public transportation.
A student in Rochester may call a rideshare to get to class on a snowy morning.
Tourists exploring Times Square may choose rideshare services to cover short distances rather than renting a car.
Even suburban residents may use ridesharing apps to reach train stations or airports.
The convenience and affordability appeals to a broad range of people, making rideshare vehicles a common sight on streets throughout New York.
Common Causes of Rideshare Accidents in New York
Although every collision is unique, certain factors tend to appear frequently in rideshare accidents:
- Distracted Driving: Rideshare drivers may use apps on their phone to find unfamiliar locations, respond to new ride requests, or communicate with passengers, which can take their eyes off the road.
- Fatigue: Drivers who work late hours or handle multiple gigs at once may experience fatigue. Drowsy driving can reduce reaction time and lead to accidents.
- Speeding and Reckless Driving: Some drivers may try to complete trips quickly to maximize earnings, sometimes leading to rushed driving decisions.
- Adverse Weather Conditions: New York weather can present challenges, from winter snowstorms to heavy summer rain, making roads slippery and visibility poor. While weather cannot be liable for a crash, a driver’s failure to properly account for these hazards may factor into their negligence.
A lawyer may examine these factors to determine who was responsible. For example, if the rideshare driver was clearly distracted by the app at the time of the crash, that could strengthen a claim against both the driver and, depending on the circumstances, the rideshare company’s insurance.
Who May Be Liable in a New York Rideshare Accident?
Unlike a straightforward collision between two personally owned vehicles, rideshare accidents can involve multiple layers of insurance coverage, corporate guidelines, and driver agreements. Some parties who may be liable in a New York rideshare accident include:
- The Rideshare Driver: If the driver’s negligence caused the crash, that driver may be responsible for damages. A driver who is distracted by a mobile device, speeding, or failing to follow traffic signs could be held liable for resulting injuries.
- The Rideshare Company: Depending on the driver’s status on the app, the rideshare company’s insurance may come into play. In some situations, the company’s insurance policy may help cover the damages if the driver was en route to pick up a rider or actively transporting a passenger.
- Another Motorist: Sometimes, a rideshare driver may not be at fault. Another motorist who ran a red light or rear-ended the rideshare vehicle could be held accountable.
- Third Parties: In rare cases, third-party entities such as vehicle manufacturers or maintenance providers could share liability if mechanical failures or defective parts contributed to the crash.
In New York, comparative negligence rules mean that more than one party can share responsibility. The compensation you recover may depend on proving who caused the crash and what role each party played. A rideshare accident attorney familiar with these liability issues may investigate and identify all potential sources of compensation.
Driver’s Status and Insurance Coverage
Rideshare companies often categorize insurance coverage based on the driver’s status at the time of the accident. These stages are generally divided into three periods: offline, available but waiting for a ride request, and actively engaged in a trip (either en route to pick up a passenger or transporting a passenger). Liability and the available insurance coverage can vary dramatically depending on which stage applies.
These coverage tiers matter when filing an injury claim. A lawyer representing a rideshare accident victim may analyze app records, trip logs, and insurance policies to determine whether the driver was waiting for a request, on the way to pick someone up, or actively transporting a passenger.
For a stage by stage breakdown of which policy applies, read our guide on whose insurance pays in a New York rideshare accident claim.
Steps a Lawyer May Take After a Rideshare Accident
After a rideshare collision, a lawyer may help by working through a series of steps designed to build a strong claim. These steps often involve gathering evidence, examining insurance policies, and communicating with insurance representatives. Here are some examples of what a rideshare accident lawyer may do:
- Investigate the Accident Scene: This may involve reviewing police reports, examining traffic camera footage, obtaining witness statements, and collecting photographs of vehicle damage and road conditions.
- Analyze App and Trip Data: A lawyer may obtain records from the rideshare company to confirm when the driver accepted the ride, when the passenger was picked up, and what coverage may apply.
- Identify All Potential Sources of Compensation: A lawyer may find multiple avenues for recovery by carefully reviewing insurance policies from the driver’s personal insurance and the rideshare company’s policy.
- Handle Insurance Communications: Insurance adjusters may try to minimize payouts. A lawyer may field calls, gather the necessary documentation, and negotiate for a fair outcome.
- Consult with Accident Reconstruction Specialists or Medical Professionals: In some cases, a lawyer may coordinate with accident reconstruction legal professionals or healthcare providers to clarify the cause of injuries and the long-term impacts of the crash.
- Prepare a Demand Package: A lawyer may compile medical records, lost wage documentation, and other evidence into a comprehensive demand letter outlining the damages sought.
- Negotiate or Litigate as Needed: If the insurance company fails to offer fair compensation, a lawyer may file a lawsuit and, if appropriate, proceed to trial. This pressure can often lead to settlements that may more closely match the true value of the injuries.
New York Laws and Rideshare Accidents
New York has specific rules and regulations governing rideshare services. In 2017, the state enacted measures allowing Transportation Network Companies (TNCs), such as rideshare services, to operate statewide. These laws set minimum insurance requirements for rideshare operations.
The exact minimums appear in Vehicle and Traffic Law Section 1693. While a driver is logged on and waiting for a request, the law requires at least $75,000 per person and $150,000 per crash in bodily injury coverage. During a prearranged trip, the required coverage rises to at least $1.25 million, with supplementary uninsured and underinsured motorist coverage in the same amount.
New York’s laws also include background check requirements for rideshare drivers and other safety provisions. Although these measures aim to improve safety and accountability, accidents still happen.
Your attorney should be familiar with these laws and use them to advance a claim. By demonstrating that a rideshare company’s policies fell short of New York’s legal standards or that a driver acted negligently, a lawyer may strengthen a claim against the responsible party.
Facing Corporate Insurance Companies and Legal Teams
Rideshare companies often have their own legal departments and may work with large insurance carriers. These companies can be well-prepared to fight claims. They may have adjusters and attorneys who handle many rideshare cases throughout New York. This can create an imbalance of power when an injured passenger tries to negotiate alone.
An injured person may feel intimidated by confusing legal language or insurance policies. A lawyer can help level the playing field by providing guidance, explaining legal terms, and ensuring that a claim is not undervalued or dismissed. This may help keep the injured person’s interests front and center rather than allowing the corporation’s interests to dominate negotiations.
Understanding the Value of a Claim
Determining how much compensation to seek can be complicated. Medical bills may stack up, and the injured person might be out of work for weeks or months. There could be long-term treatments, rehabilitation, and medication costs to consider. Without someone who knows how to value these claims, it may be easy to underestimate their worth.
A lawyer may calculate damages by reviewing medical records, gathering pay stubs or business records to show lost earnings, and analyzing how the injuries may impact a person’s future ability to work. This thorough approach can help ensure that settlement demands reflect the total financial and physical harm experienced by the injured passenger.
Working With Our Firm
Navigating a rideshare accident claim on your own can feel overwhelming. William Mattar Accident Lawyers is based in New York State and only handles motor vehicle accidents, including rideshare collisions.
When someone has been injured in a rideshare accident, they may turn to a rideshare accident lawyer for help. Our firm understands the complications that can arise, from determining whether or not the rideshare driver was on the clock to dealing with a company’s insurer.
A lawyer with experience handling these cases can explain what to expect from the legal process, help gather evidence, and guide you from the initial claim filing to negotiations with insurers. This allows you to focus on recovering from your injuries rather than spending hours trying to interpret insurance policy language and legal documents. The ultimate goal is to help secure fair compensation for the losses you have suffered.
Keeping Track of Filing Deadlines and Legal Requirements
In New York State, there are time limits (statutes of limitations) that govern how long after an accident a person can file a personal injury lawsuit. If too much time passes, you may lose the right to pursue compensation through the courts. Every case is unique; the time limitation can be far shorter depending on the circumstances. There can also be notice of claim deadlines as short as 30 days (in the case of insurance notice deadlines) or 90 days (in the case of a notice of claim or notice of intention). For most personal injury lawsuits the deadline is three years under CPLR 214(5).
A lawyer may ensure that all legal paperwork is filed correctly and on time. They can also track any additional legal requirements, such as filing certain notices or claims with appropriate parties before the deadline passes.
Rideshare Accident FAQ
How much does insurance cover in an Uber or Lyft accident in New York?
At least $1.25 million in liability coverage applies while a trip is in progress, along with supplementary uninsured and underinsured motorist coverage in the same amount, under Vehicle and Traffic Law Section 1693. Lower limits of $75,000 per person and $150,000 per crash apply while the driver is logged on and waiting for a ride request.
Can a rideshare passenger recover compensation after a crash?
Yes. An injured passenger can seek no-fault benefits for medical bills and lost earnings and can bring an injury claim no matter which driver caused the crash. The claim may involve the rideshare policy, the driver's personal policy, or another motorist's insurer.
What should I do right after a rideshare accident in New York?
Call 911 and get medical care, then save a screenshot of the trip in the app, collect the drivers' insurance details, and photograph the scene. Report the crash and speak with a lawyer before giving a recorded statement to any insurer.
How long do I have to sue after a rideshare accident in New York?
Most personal injury lawsuits must be filed within three years of the crash under CPLR 214(5). Some deadlines are far shorter, including notice requirements that can run in 30 or 90 days, so it helps to act quickly.
Contacting William Mattar Accident Lawyers for a Rideshare Accident Claim
If you have been injured in a rideshare accident in New York State, contacting William Mattar Accident Lawyers may put you on a path to understanding your legal options. Whether the rideshare driver’s coverage applies, the rideshare company’s insurance kicks in, or another driver is at fault, a lawyer can help identify where to seek compensation.
By negotiating with insurers, reviewing complex policies, and handling the legal details, our law firm can help guide you through the process. Although no one can guarantee a specific outcome, having a lawyer to help navigate rideshare accident claims can help put you on more even ground when dealing with large corporations and insurers.
Call our main office in Williamsville, NY, at 716-444-4444 or contact uscontact us online anytime, 24/7. William Mattar Accident Lawyers represents rideshare accident victims across New York State, with locations in Buffalo, Rochester, Syracuse, Albany, and Long Island. If your crash happened in Western New York, our Buffalo team of rideshare accident lawyers is nearby.
Attorney Advertising. Prior results do not guarantee a similar outcome.