Table Of Contents

    Who Can Be Held Liable for a Rideshare Accident in Brooklyn?

    Potentially liable parties involved in an Uber or Lyft accident include:

    • The Uber or Lyft driver
    • Another motorist
    • Cyclists, pedestrians, and other non-motorists

    Rideshare companies have tried to avoid liability for motor vehicle collisions by classifying rideshare drivers as independent contractors. However, in some cases, the rideshare company can still be held financially responsible. When you hire an Uber and Lyft accident lawyer on our legal team, they can help you pursue compensation from all liable parties.

    Pursuing Compensation After a Rideshare Accident

    In a motor vehicle collision involving a rideshare company, there are many sources of insurance coverage:

    • The rideshare driver’s insurance
    • Supplemental commercial insurance coverage
    • Additional coverage is provided by Uber or Lyft while a driver is active on the app, has accepted a ride, or is transporting a passenger.

    While rideshare companies may provide coverage in certain situations, coverage is contingent on many factors. Coverage will only become active when the rideshare driver’s personal liability insurance fails to cover damages in an accident. Rideshare companies will typically only pay for damages if it can be proven that an Uber or Lyft driver was at fault. While you may still be entitled to compensation if you were partly to blame for an accident, due to the state’s pure comparative negligence laws, the rideshare company will try to shift the blame onto you to avoid liability.

    An Uber and Lyft accident lawyer at Parker Waichman LLP
    understands the many complexities of rideshare laws and can determine the best course of action to take to help you recover every penny of compensation you’re owed.

    What is New York’s Serious Injury Threshold?

    You can file a lawsuit or claim against the negligent driver if you meet the state’s serious injury threshold. To meet the threshold, you must experience an economic loss that’s greater than $50,000 and meet serious injury criteria as defined by the state of New York.

    The following injuries are categorized as serious by the state:

    • Loss of life
    • Loss of a fetus
    • Fracture
    • Dismemberment
    • The significant limitation of the use of a body system or function

    Your Brooklyn Uber and Lyft accident lawyer at Parker Waichman LLP will carefully review your medical records and consult with medical professionals to determine if you meet the state’s serious injury threshold.

    Understanding Uber and Lyft Driving Phases

    The driving phase the Uber or Lyft driver was in at the time of the accident will determine who can be held liable for damages.

    Driving periods or phases, that will impact liability in the event of an accident include:

    The Driver is Not Active On the App

    If the rideshare driver isn’t logged into the app and you’re involved in a collision with the driver, you’ll go through your insurance to pursue compensation.

    The Driver is Active on the Rideshare App

    Rideshare drivers are required to have a second layer of commercial insurance, which will cover the rideshare driver when they are working.
    If the driver is using the app but has not accepted a ride request or is not transporting a passenger, rideshare companies provide their drivers with limited liability coverage:
    • Bodily injury per person: $50,000
    • Bodily injury per collision: $100,000
    • Property damage: $25,000

    The Rideshare Driver Has Accepted a Ride Request or is Transporting a Passenger

    When a rideshare driver has accepted a ride or is actively transporting a passenger, the $1 million insurance policy goes into effect.
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    If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.

    Economic and Non-Economic Damages

    Your Uber and Lyft accident attorney will gather the evidence needed to show you have the legal right to file a third-party liability case by meeting one of the no-fault accident law exceptions. Your attorney can help you file an insurance claim or lawsuit to recover the compensation you deserve after sustaining a serious injury and other damages.
    During this time, your attorney will negotiate a settlement with the insurance company that represents the rideshare driver or rideshare company.

    Damages can include:

    • Pain and suffering
    • Past and future medical care costs
    • Lost wages
    • Loss of future earnings
    • Loss of quality of life
    • Emotional distress
    • Property damage

    And more.

    How Can a Brooklyn Uber and Lyft Accident Attorney Help?

    Brooklyn, NY One Pierrepont Plaza, 300 Cadman Plz W 12th floor, Brooklyn, NY 11201, United States 718-554-8055

    If you sustained life-changing injuries in a rideshare accident, an Uber and Lyft accident lawyer at Parker Waichman LLP can ensure you pursue the compensation you deserve. Following an accident, you will file a claim with your insurance provider. However, if your injuries meet New York’s serious injury threshold, you may be entitled to additional compensation. Liability in rideshare accidents can be very complex. It can be difficult to determine who should be held liable for damages and how to go about pursuing compensation.

    At Parker Waichman LLP, our Uber and Lyft accident lawyers can help during this time by:

    • Investigating your accident
    • Gathering evidence
    • Working with experts to determine the severity of your injuries, prove liability, and accurately assess damages
    • Determining if your injuries meet the state’s serious injury threshold criteria
    • File paperwork
    • Handle communication with the insurance company or defense attorney
    • Settlement negotiations
    • File a lawsuit on your behalf
    • Represent you in court

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    If you were involved in a rideshare accident, contact Parker Waichman LLP today to schedule a free consultation. An experienced Uber and Lyft accident lawyer on our legal team can meet with you to discuss your legal rights and options and help you pursue compensation from the negligent driver and other liable parties. Contact our Brooklyn car accident lawyers today to learn more.
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