Insurance coverage after a Nassau or Suffolk County Uber accident
Uber and Lyft are rideshare companies operating on Long Island, New York. Despite their similarities to taxi companies Uber and LYFT are classified as Transportation Network Company (TNC) under the New York State Vehicle and Traffic Law. A TNC is a company that is licensed pursuant to VTL Article 44-B and is operating using a digital network accessed through a mobile device to connect passengers to drivers who then provide prearranged trips.
If you have been injured in an Uber accident in Nassau or Suffolk County on Long Island how much insurance coverage may be available?
Pursuant to Vehicle and Traffic Law Article 44-B all Transportation Network Company’s originating rides in counties outside of New York City including Nassau County or Suffolk County must have the following liability insurance limits in place when they vehicle is being used as a rideshare vehicle:
When a driver is logged onto the TNC’s digital network, the insurance policy must provide at least $75,000 for bodily injury to or death of one person in any one accident; at least $150,000 for bodily injury to or death of two or more persons in any one accident; and at least $25,000 for injury to or destruction of property of others in any one accident.
When a TNC driver is engaged in a prearranged trip, the insurance policy must provide at least $1,250,000 for bodily injury to or death of any person and injury to or destruction of property; supplemental uninsured/underinsured (SUM) insurance of $1,250,000 and personal injury protection insurance.
Pursuant to Vehicle and Traffic Law Article 44-B Uber and LYFT rideshare drivers accepting rides originating in Nassau County or Suffolk County must have a minimum of $1,250,000 in rideshare accident insurance when they are engaged in a rideshare trip. The coverage requirements of 44-B may be satisfied by insurance maintained by the TNC driver or through insurance provided through a group policy maintained by the rideshare company.
What should you do after receiving a disclaimer letter from an insurance company due to the Uber driver using his personal vehicle for rideshare or commercial purposes?
Many times, after Long Island rideshare accidents, the insurance information exchanged at the accident scene is for the driver’s personal auto policy, as opposed to the TNC mandated rideshare insurance coverage. These personal auto liability policies, often with popular auto insurance carriers such as Geico, Allstate, or State Farm, are usually not applicable if the vehicle was being used for rideshare purposes. The personal auto carriers will investigate the accident, and often reject coverage on the basis of the Uber being used for rideshare or commercial purposes. This rejection or “disclaimer” is due to the fact that many personal auto insurance policies in New York contain clauses that allow the carrier to reject coverage of injuries that occur while the driver is using his personal vehicle for for business purposes. These rejections or disclaimers after a Long Island Uber accident usually occur very early in the claim process, typically after the Uber driver’s personal insurance carrier takes their initial recorded statement or receives an application for medical benefits under the New York No Fault Law. If you receive a letter from an insurance company saying they are not covering your Long Island Uber accident you will need to apply for No Fault benefits through your own personal auto insurance carrier or through the TNC’s insurance carrier who is required by Vehicle and Traffic Law Article 44-B to cover the no fault benefits of rideshare passengers.
Before speaking with Uber’s insurance carrier or filling out a No-Fault application after a Nassau or Suffolk County rideshare accident contact an experienced Long Island rideshare attorney to ensure that you are protected.
If you suspect that one of the vehicles involved in your Nassau County or Suffolk County car accident was a rideshare vehicle or if you receive a disclaimer letter from the drivers personal auto insurance carrier after an accident contact an experienced Long Island rideshare attorney Adam C. Raffo, Esq. at 516-363-0123 to guide you through the insurance process. The early stages of a rideshare accident may put you into contact with individuals who are employed by the insurance companies that work with Uber and LYFT. If you are contacted by these individuals, you should keep in mind who you are speaking to, as well as the fact that what you say may eventually become relevant if you bring a claim for your Nassau or Suffolk County Uber accident. We advise those who were in an Uber or LYFT accident to speak with an experienced and highly regarded rideshare personal injury attorney before they speak with the rideshare company or their insurance partners . An experienced Long Island rideshare attorney will guide you through the No Fault process and ensure that your future rights are preserved and protected should you need to bring a claim or lawsuit against Uber of LYFT for your Nassau or Suffolk County car accident.
