New York Rideshare Accidents involving UBER or LYFT
If you were involved in a Long Island or New York City Rideshare Accident, contact an experienced and highly rated rideshare car accident lawyer for a free case review.
With offices in Mineola and Manhattan, Adam C. Raffo, Esq. assists those who were injured in Long Island and New York City rideshare accidents file claims and lawsuits seeking compensation for injuries, pain and suffering, lost wages, and medical costs arising out of the negligence of rideshare drivers and the App-based technology companies they are affiliated with.
Adam C. Raffo, Esq. is associated with Weitz & Luxenberg P.C., a large Manhattan based personal injury law firm, and has extensive experience handling high value and complex motor vehicle claims and lawsuits. With many previous hard fought battles against the largest rideshare and gig-economy technology companies operating in New York, Adam uses an in-depth knowledge of the app-based technology platforms, as well as the caselaw and legislation in this rapidly evolving area of law, to aggressively pursue compensation on behalf of those injured by rideshare and gig-economy workers. Providing free case reviews in rideshare accidents, Adam is often called upon to guide clients in the overwhelming hours and days immediately after being involved in a rideshare accident involving Uber or LYFT.
What is a rideshare accident?
In recent years, the way many people work has undergone a significant transformation with the rise of the gig economy. The gig economy, also known freelancing, represents a departure from traditional, long-term employment models. It is characterized by the prevalence of short-term, independent work arrangements, where gig-workers take on tasks, projects, or assignments as independent contractors, freelancers, or temporary workers. While there are countless variations, the underlying concept remains the same; a tech company develops an “App” which links those looking for a product or service with “gig-economy worker” who provides the service.
Rideshare companies such as Uber, LYFT and CURB connect drivers with passengers. Uber and Lyft are often described as “disruptors” as they have upended the traditional taxi and livery car industry, and have come to dominate the New York and Long Island “for hire vehicle” (FHV) market. As the adoption of rideshare by consumers and livery drivers continues to rise, so too, do car accidents involving Uber and LYFT drivers. Rideshare accident cases are unique and different from other types of car accident cases. These cases are often hotly contested by the defendants, and attorneys handling lawsuits on behalf of those injured in rideshare accidents must be intimately familiar with the app-based technology involved, the policies and procedures of the rideshare companies, and the rapidly developing caselaw and legislation in this particular area of law. If you have been injured in a rideshare or Uber accident you need an attorney with experience handling these unique cases and an aggressive plan as how to successfully prosecute your lawsuit.
Are rideshare companies responsible for the injuries caused by their drivers in New York?
In New York the legal classification of rideshare drivers has been a question of intense legal and political debate. The tech companies have taken the position that rideshare drivers using the Uber and LYFT apps are independent contractors and not employees. As such, Uber and LYFT argue that they are not legally responsible for the actions of the drivers who use their app-based platforms. In New York personal injury cases, this has created questions concerning who is legally responsible when an Uber driver gets into a car accident or strikes a pedestrian. Those injured in rideshare accidents, are often confused as to who will be held responsible for the injury and damages that were caused by an Uber or LYFT accident. Lawyers who frequently handle rideshare accident cases often field questions from injury victims such as,
What type of insurance is there in a rideshare accident?
Who pays for my medical bills if I was involved in a car accident with a rideshare driver?
Is Uber legally responsible for it’s driver’s accident?
Can the rideshare company be blamed when one of its drivers hurts me?
Is the Uber drivers primary auto insurance policy the only available insurance in a rideshare accident case?
Can I sue Uber or LYFT after an accident?
Despite the fact that according to the New York City Taxi & Limousine Commission data, Uber and LYFT now complete over twice as many daily trips as yellow taxis in NYC, confusion as to who can be held legally responsible when a rideshare driver gets into an accident has persisted. Over the past few years, several New York Courts have issued legal decisions agreeing with the rideshare companies, dismissing claims against Uber and LYFT on the ground that they were not responsible for the actions of the “for hire” drivers who carried out their services. These decisions are highly fact specific, and those injured in rideshare car accidents should not be dissuaded, but rather should consult with experienced Long Island rideshare accident attorney to determine whether a lawsuit or claim can be brought against Uber or LYFT.
As experienced rideshare accident attorneys we argue that Uber and LYFT are vicariously liable for the actions of their “gig-workers” and rideshare drivers. Vicarious Liability, a complex legal concept with many nuances, concerns the question of whether a person or company can be held legally responsible for the acts or omissions of another person or entity. One type of vicarious liability is based on the theory of Respondeat Superior, which in its simplest form, boils down to whether the superior is responsible for the acts of subordinates.
In cases involving rideshare accidents we look not only to the for hire driver who caused the accident, but also the company on whose behalf the driver was acting at the time of the accident. In other words, when appropriate, we will bring claims not only against the rideshare driver but also against Uber or LYFT arguing that they are responsible for their driver’s negligence. These cases are strongly contested by the defendants, and the issue of whether these workers are classified as independent contractors or employees is a rapidly developing and changing area of the law. As an attorney who has handled many of these cases against many of the players in the industry, it important to stay up to date not only on the App-based technology involved but also on the legal decisions rapidly coming down around the country in both the personal injury and employment law fields.
Those legal decisions guide how I prosecute “gig-economy” cases and they serve as the blueprint for how I choose to approach discovery and the depositions of the corporate representatives of these tech companies. Through a thorough familiarity with the App, a command of the companies policies, rules and regulations, and an understanding of the rapidly evolving caselaw on the issue it is possible to get into the proverbial lions cage with the well trained corporate witness and extract concessions and information that will bolster and support the plaintiff’s position that these companies should be held responsible for the actions of the “gig-workers” who carry out their business.
We have, and we will, continue to fight tooth and nail to develop these rideshare accident cases in a manner that puts our clients in the best position to overcome Uber and LYFT’s independent contractor defense.
Through hard fought battles we have found that the best way to handle these “gig-economy” and rideshare cases is to go on the offensive, early and often, and to continue pushing until we have enough ammunition to diffuse and set aside the question. While the facts and circumstances may differ in individual cases, at the end of the day, our overarching legal argument boils down to the fact that these rideshare companies dominate every aspect of the drivers work from the moment they log on to the app, often times, until well after the driver has supposedly logged off. Once the record is full of facts supporting our position we will swiftly move the case toward trial to put the question before a jury.
If you have been involved in an accident involving rideshare accident involving Uber or LYFT, or if you have been involved in an incident where one of these app-based rideshare companies may have been involved, such as a black-car or limousine crash, an incident or altercation with a delivery person, or a car accident with a vehicle being used to transport goods or food, we welcome the opportunity to aggressively being building your case so as to ensure that you are fully compensated for the injures and damages you have sustained.
Is there insurance for New York rideshare accidents?
If you have suffered injuries in an accident involving a rideshare or Uber vehicle, 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. We will review your case for free and handle it on a contingency basis, meaning we do not get paid unless you recover money.
When involved in a rideshare accident there are multiple insurance policies that we may be able to turn to in an effort to cover your medical bills and compensate you for your injuries.
What is No-Fault coverage in rideshare accidents?
Like any New York motor vehicle accident 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.
If you were in a vehicle that got into an accident with a rideshare vehicle your No-Fault insurance 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 vehicles No-Fault Insurance.
If you are a pedestrian who was struck by an Uber or LYFT the first insurer 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 your live with may apply. If neither you nor any family members with whom you live, has auto insurance, the No-Fault insurance coverage for the rideshare driver who struck you will apply.
What is rideshare liability insurance and how does it impact an accident claim against Uber or Lyft?
To register a vehicle in New York State you must have New York State issued automobile liability insurance coverage. Liability insurance 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 another driver.
What is primary auto liability insurance for a rideshare driver?
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 in certain circumstances may cover Uber and its affiliates and subsidiaries in the event a seriously injured person makes a claim directly against the corporate rideshare tech company. 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 the correct 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 if the Uber driver is off duty at the time of suspected rideshare 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 rideshare 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 count on the insurance companies or those inexperienced with rideshare accident lawsuits to provide proper guidance when dealing with a complex and rapidly evolving area of law and personal injury litigation.
How do I know if a rideshare company was involved in my motor vehicle accident?
While it may sound strange, many times clients injured in a car accident are unaware of whether the other vehicle involved in the accident was being used for rideshare purposes. Establishing that a drivers vehicle was active on the Uber App or heading to pick up a passenger, can result in a significant increase in insurance coverage and potential future rideshare accident compensation.
After a car accident, if you are physically able to, you should note any observations or conversations that may suggest that the other vehicle was being used as a rideshare vehicle. We have had clients come to us for an initial consultation who suspected the involvement of rideshare company based on the type of car involved in the accident, window stickers, the presence of rear-seat passengers, takeout food delivery bags, offhand statements made by the driver, passengers exiting the offending vehicle and using their phone to hail another Uber, and overheard phone calls to loved ones and conversations with police officers. We have also had clients who had the wherewithal and were physically able to to directly ask the other driver if they were working for Uber or LYFT at the time of the accident.
However, many potential clients are understandably unaware of whether the other vehicle involved in the accident was being used for rideshare purposes. At your initial consultation, we will discuss what you saw and heard at the accident scene, and we will outline the many strategies experienced New York City rideshare accident attorneys have to determine whether the other driver involved in the accident was working for Uber or LYFT at the time of the accident. This inquiry will being with running the drivers name in the NYC TLC license database and we will continue to investigate the issue using the methods we have successfully developed over years litigating cases against rideshare and gig-economy companies. Once we identify potential rideshare involvement we will file the case and aggressively pursue Court discovery to solidify rideshare companies potential involvement and strongly position your rideshare accident case for success.
Long Island rideshare accident claims and lawsuits
Pursuant to Vehicle and Traffic Law Article 44-B Uber and LYFT rideshare drivers accepting rides originating in Nassau County or Suffolk County on Long Island 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.
Many times, at Nassau County and Suffolk County rideshare accident scenes, the insurance information exchanged at the accident scene is for the driver’s personal auto policy, as opposed to the information for the mandatory rideshare insurance coverage. These personal 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 eventually investigate the accident, and thereafter often disclaim coverage on the basis of the vehicle being used for rideshare or commercial purposes. If you suspect that one of the vehicles involved in your accident was a rideshare vehicle or if you receive a disclaimer letter from an auto carrier after an accident contact an experienced Long Island rideshare attorney to guide you through the insurance process and ensure that all appropriate insurance carriers are put on notice of your potential claim.
When looking to hire a personal injury attorney for your Long Island Uber accident, you need an attorney who is familiar with the many complexities, pitfalls and strategies involved in litigating these unique cases. In fact, often times the attorney you retain must be intimately familiar with the technology and practices of these companies just to identify their involvement. Adam C. Raffo has litigated cases where despite all signs initially pointing to a straightforward motor vehicle accident, extensive and persistent investigation and litigation revealed the involvement of one of the billion dollar tech companies behind the scenes. If you have been involved in an accident involving Uber or LYFT, or an incident where they may have been involved such as a accident involving a black car, a personal vehicle being used to deliver take out, or a accident where the other vehicle has primary insurance with one of the common livery insurers, contact me to aggressively investigate your claim and hold the proper people and entities accountable.
What should you do after a Uber or LYFT rideshare accident?
After any motor vehicle accident on Long Island or in New York City, if physically able, you should stay near the accident scene but move to safety, seek emergency medical care if necessary, report the accident to the police, take photographs of the vehicles and the accident scene, obtain insurance information for the drivers.
What should I do if the Uber I was in gets into an accident?
If you were the passenger in an Uber or LYFT that was involved in a rideshare accident on Long Island there are certain steps that you should take while at the scene.
You should note the exact time of the accident and if possible take a screen shot of the map on the rideshare app
You should take down the information from any taxi license or drivers identification card that is posted in the vehicle, typically hanging from the seatback or located on the rear seat windows
You should take note of anything the driver says about why the accident happened
You should think about what you observed in the moments leading up to the accident
You should look to see where the drivers phone showing the rideshare app was
You should speak with the responding police officers and ask them to note that you were a Uber or Lyft passenger on the accident report
You should ensure that you are listed as a passenger in the vehicle on the police report
You should make sure any injuries or pain you are experiencing are noted in the accident report
After speaking with the police politely refuse to speak with anyone else about the accident until you consult with an experienced New York City rideshare lawyer, this includes insurance companies who reach out to you, emails from corporate rideshare safety teams, and direct messages on the rideshare mobile-app.
Hold off on using the rideshare app, agreeing to the terms of service, or updating the rideshare mobile app software on your phone until you speak with an experienced Long Island rideshare lawyer
Often after a rideshare accident there will be billing issues. We have seen issues where the meter continued to run after the accident as well as other odd billing patterns post Uber or LYFT accident. Do not contact rideshare customer service to argue about your bill or seek a refund, until you have spoken with an experienced rideshare attorney.
Resist the urge to give the driver a negative review or complain to customer service until after you have spoken to a highly rated rideshare accident lawyer.
Often after a rideshare accident with passengers those passengers still need to get to their destination or home. Call a friend, a local cab company or ask the police to call you a taxi. Unless absolutely necessary do not use the same rideshare app to call another vehicle.
What should I do if an insurance company is calling or messaging me about a recent Uber or LYFT rideshare accident?
Sometimes after a rideshare accident the rideshare support or safety team will reach out to you directly on app through direct messaging, by phone, or over email. Additionally it is not uncommon that in the days following an Uber or LYFT accident the insurance company for the app-based rideshare company may reach out as well. If you receive a call or message after a Uber or LYFT car accident 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 New York or Long Island rideshare accident lawsuit. We advise those who have been in an Uber or LYFT accident to speak with an experienced and highly regarded rideshare personal injury attorney before speaking to the rideshare company or their insurance partners after an accident.
Uber has created many safety features to protect its passengers. Uber specifically advertises that it offers live help from safety agents, an emergency assistance button, 24/7 incident support, and RideCheck to its passengers. According to Uber, RideCheck uses sensors and GPS data to sense if a possible crash has occurred and if the app senses a crash has occurred Uber will check in and offer resources to get help. While invaluable in the event of an emergency these outreach methods also may put those injured in rideshare accidents in direct contact with the potential defendants in a future rideshare lawsuit and accordingly we advise those who were in an Uber accident to speak with an attorney before talking to Uber or insurance adjusters affiliated with Uber.
Why is Liberty Mutual Insurance reaching out to me after a Long Island Uber accident?
Pursuant to New York Vehicle and Traffic Law Article 44-B Uber drivers accepting rides originating in Nassau County or Suffolk County on Long Island 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 personally by the driver or through insurance provided through a group policy maintained by the rideshare company.
If someone reaches out to you after you were involved in a accident involving an Uber vehicle, you should ask for their name, the name of the company they work for, their contact information, a claim or file number, and the reason for their call. You should then politely inform them that you would like to speak with any attorney before speaking with them and then you should contact a Long Island lawyer with experience dealing with Uber accidents and claims.
Liberty Mutual Insurance Company has a team called Uber Core. According to press releases, Liberty Mutual Insurance provides or had provided coverage in certain geographic areas for Uber drivers and their passengers, including specific coverages from the time an Uber driver opens the app and are waiting for a trip or delivery request through the completion of the trip or delivery.
Those injured in Long Island Uber car crashes in Nassau County or Suffolk County New York should contact an experienced Uber accident lawyer who is familiar with the many issues, complexities, pitfalls, and strategies involved in litigating these unique cases. Call Long Island Uber accident lawyer Adam C. Raffo, Esq. for a free case review.
