Queens Uber and Lyft Accident Lawyer
Rideshare services in Queens are more popular than ever, offering fast pick up times, more affordable pricing, and a greener way to commute. However, Uber and Lyft accidents have increased over the years. Whether you’re a passenger in a rideshare vehicle or your car was hit by a negligent rideshare driver, you must take legal action if you suffered a serious injury. At Parker Waichman LLP, our Uber and Lyft rideshare drivers can help you pursue additional compensation that can cover the cost of your accident-related losses.
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 Queens 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.
Who Can Be Held Liable for a Rideshare Accident in Queens?
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.
How Can I Recover Compensation After An Uber or Lyft 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.
Why Do Uber and Lyft Driving Phases Matter?
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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What is the Statute of Limitations in New York?
You will have three years from the date of the accident to pursue compensation in court. If you fail to meet this important deadline, your case may be dismissed. If this happens, you will be unable to pursue compensation for your accident-related losses. When you hire an Uber and Lyft accident attorney at Parker Waichman LLP, they will handle every aspect of your accident case, including ensuring a lawsuit is filed correctly and within the statute of limitations.
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
How Can a Queens Uber and Lyft Accident Attorney Help?
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
Contact Us Today
If you were involved in an Uber or Lyft accident due to a negligent driver, 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 us today to learn more.