New York Rideshare accident insurance basics

If you were in a Uber or LYFT rideshare car accident on Long Island you are probably looking for information about how New York rideshare car accident insurance coverage works.

If you have suffered injuries in an accident involving an Uber we can help. You deserve compensation for medical bills, lost wages, pain and suffering and the physical injuries you have, and may, unfortunately continue to endure. The following is provided for educational and illustrative purposes and does not constitute legal advice. If you were involved in a motor vehicle accident you should immediately contact an attorney of your choosing to discuss the specifics of your matter and the short and very strict deadlines involved in filing No-Fault and Bodily Injury claims in New York.

When involved in a rideshare accident in New York there are multiple insurance policies that you may be able to turn to in an effort to cover your medical bills and compensate you for your injuries.

New York No-Fault versus Bodily Injury Insurance.

The two main types auto insurance relevant to a Long Island rideshare accident are No-Fault Coverage and Bodily Injury Coverage. NY No-Fault coverage will cover medical expenses, lost wages, and other necessary expenses such as transportation to and from medical appointments for yourself and passengers in your vehicle, regardless of who was at fault for the accident. Liability insurance also known as Bodily Injury Coverage, pays for bodily injury that a driver causes to another person during an accident in which the driver is at fault. In New York liability insurance typically pays for the injuries, pain and suffering, lost wages and expenses that a person suffers after an auto accident caused by the negligence of another driver.

Whose No-Fault coverage is applicable after a Uber or LYFT rideshare accident on Long Island?

All drivers are required to carry Personal Injury Protection (PIP), which is commonly referred to as “No-Fault Coverage”. No-Fault coverage will cover medical expenses, lost wages, and other necessary expenses such as transportation to and from medical appointments for yourself and passengers in your vehicle, regardless of who was at fault for the accident.

In New York, if you were in a vehicle that got into an accident with a rideshare vehicle your No-Fault insurance coverage will be provided by your host vehicle.

If you are a passenger in an Uber or LYFT your No-Fault will be covered by the rideshare vehicle’s No-Fault Insurance.

If you are a pedestrian who was struck by an Uber or LYFT the first insurer obligated to cover your medical bills will be your own car insurance company. If you do not have your own auto insurance policy, the No-Fault policy of a family member you live with may apply. If neither you, nor any of family members with whom you live, have auto insurance, the No-Fault insurance coverage for the rideshare driver who struck you may apply.

What is the Liability Insurance Coverage in Uber and LYFT car accidents?

Those involved in motor vehicle accidents with Uber or LYFT drivers should consult with an experienced New York rideshare accident law firm to determine the liability insurance coverage that may apply, as the answer, will likely vary dramatically based upon the circumstances of the accident and the county in which the accident took place.

Uber and Lyft are rideshare companies. Despite their similarities to taxi companies they are classified as a 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.

In New York City all livery and TNC vehicles, a category including Uber and Lyft, are regulated by the NYC TLC and are required by the New York City Taxi and Limousine Commission to carry minimum liability insurance of $100,000 per person and $300,000 of combined single limit liability coverage per occurrence. A handful of insurance companies including American Transit Insurance Company (ATIC), Hereford Insurance Company, and Maya Assurance Company provide the majority of the insurance coverage for the rideshare drivers operating in New York City. In a New York City Uber accidents the primary liability insurance policy for the rideshare driver will likely be the TLC mandated $100,000 minimum liability policy. However, Uber and LYFT may maintain additional liability and excess insurance policies that under certain circumstances may cover the rideshare companies and their affiliates and subsidiaries in the event a seriously injured person makes a claim directly against the corporate entity. If injured in a rideshare accident in New York City it is vital you contact an experienced rideshare personal injury attorney to ensure your claim is properly investigated and all relevant insurance policy limits are determined.

Outside of New York City, including Nassau and Suffolk County on Long Island, Uber will have a primary corporate liability insurance policy in place for its rideshare drivers. Pursuant to Vehicle and Traffic Law Article 44-B all Transportation Network Company’s originating rides in any New York County outside of New York City 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 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.

What happens if the driver is offline at the time of the accident? Uber defines a driver as being offline if they are not logged into the Uber App at the time of the car accident. If offline, a rideshare driver will not be covered by the above mentioned liability insurance guidelines put into place by Vehicle and Traffic Law Article 44-B. Instead, they will be subject to at a minimum New York State financial responsibility laws mandating $25,000 of liability coverage for bodily injury to one person, or $50,000 of liability coverage for bodily injury sustained by two or more persons in any one accident.

If you have been injured in an Uber accident and are struggling to understand or find a source of adequate insurance coverage, contact Adam C. Raffo, Esq. to aggressively investigate all potential avenues of potential insurance coverage. Do not rely upon the insurance companies or those inexperienced with rideshare accidents lawsuits to provide proper guidance when dealing with a complex and rapidly evolving area personal injury litigation. For a free no obligation consultation from rideshare accident lawyer Adam C. Raffo, Esq. call 516-363-0123 .