A car crash is never an easy ordeal, especially if you have been hurt. Your injuries could prevent you from attending work and earning a living, and that can mean rising debt. If the accident wasn’t your fault, you can hold the negligent driver accountable for your financial hardships.
But what happens if that driver works for a rideshare company like Uber or Lyft? The complex relationships between these drivers and the companies, as well as New York’s insurance regulations, can be tough to decipher. Our rideshare accident lawyers in Islip can help.
Levine And Wiss has served thousands of New York accident victims and helped them get the compensation they deserve. We are committed to justice and focused on you. Call to book your free consultation and learn how our car accident lawyers in Islip can assist you.
Who is Liable in a Rideshare Accident?
Like any car crash, liability depends on who caused the accident. But even if you know it was the rideshare driver, things are not always clear-cut. Liability could rest with the driver, the rideshare company, or both.
The determining factor is whether or not the driver was logged into the rideshare app and performing company business. Rideshare drivers for Lyft and Uber are contractors, not employees, which protects the company from liability in many cases.
When the Rideshare Company Is Liable
The rideshare company may have limited responsibility for your damages if its driver was logged into the app and waiting for an assignment. However, if they were on the way to pick up a passenger or actively transporting a passenger, both Uber and Lyft have extensive liability coverage.
The state of New York requires Uber and Lyft to carry higher insurance levels than they must provide in most other areas of the country.
The company may also have liability if it were negligent in other aspects of the business, such as failing to vet new drivers or disregarding customer complaints. Our personal injury lawyers in Islip will investigate your accident to identify all responsible parties.
When the Driver is Liable
If the driver is not logged into the app, your accident is the same as any other New York car accident claim. That means relying on the Personal Injury Protection component of your policy to cover damages, in most cases.
How Does No-Fault Insurance Impact a Claim?
New York is a No-Fault state, which means your own auto insurance policy usually pays for certain losses after a car accident, no matter who caused the crash. This coverage is called Personal Injury Protection, or PIP.
Your Personal Injury Protection generally helps pay for medical treatment, a portion of lost wages, and some necessary expenses related to the accident. The goal is to give you faster access to benefits without waiting for a fault determination.
For a rideshare accident, this means you may be able to easily recover your damages from your own policy. However, if you experience major injuries, you may have the ability to sue the rideshare company or the driver for damages beyond your No-Fault coverage.
Islip Rideshare Accident Lawyer Near Me
(888) 468-4878What If I am Partly at Fault for the Accident?
New York operates under a pure comparative negligence system for accident liability. This means you can still recover compensation if you were partly to blame for your crash. But your award is reduced by the percentage of fault assigned to you.
This method of sharing fault may be helpful to some accident victims who made small mistakes that contributed to the crash. It also presents an avenue for insurers to argue that the injured victim is more responsible than they are.
Our rideshare accident attorneys in Islip will stand up to inaccurate insurance company allegations,
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How Long Do I Have to File a Claim?
Per CPLR § 214, the statute of limitations for personal injury claims in New York is usually three years from the date of the accident. However, certain factors can shorten or lengthen that time frame, so reach out to our team as soon as possible to preserve your legal rights.
For No-Fault benefits, you must submit a written notice of claim within 30 days of the accident or risk a denial. Our team can help you meet deadlines and avoid common errors that can harm your ability to recover damages.
Consult with Our Rideshare Accident Attorneys in Islip
After a car crash, you may be injured, tired, and just wishing you could put the whole incident behind you. Unfortunately, insurance companies know accident victims are vulnerable, and often use it as an opportunity to coerce them into taking a settlement much lower than they deserve.
There is another way that can allow you to focus on your recovery while still getting the compensation you deserve. Our rideshare accident attorneys in Islip will handle your case, deal with insurers, and work to hold all liable parties fully accountable for your damages.
Our team at Levine And Wiss has recovered hundreds of millions of dollars in jury awards and settlements for injured accident victims in New York. Call now to schedule a free consultation and discuss our rideshare accident case.