- October 10, 2024
- Tucker Law
- Car Accident Lawsuits
Ridesharing is more popular than ever, especially in busy cities like NYC. Calling an Uber can be a great way to get home after a night out, and it’s often more convenient than waiting around for a taxi. But what happens if the Uber driver gets into an accident? You could be left with serious injuries and medical bills that seem to multiply by the hour, as well as no clear idea of whether you can recover these damages.
At Tucker Lawyers, our Uber accident attorneys have helped clients get fair compensation after suffering losses in ridesharing accidents. We want to make this process easier for you.
Schedule a consultation with our rideshare lawyers by calling us at (516) 399-2364.
Insurance Coverage for Uber Drivers
One of the first things that our car accident lawyers want you to know is that New York requires Uber and other ridesharing companies to carry certain types of insurance. The state calls these businesses “transportation network companies” (TNCs). Even if a TNC driver meets all of the state’s personal auto insurance requirements, the company for which they work must also have a group policy to cover the vehicles in its digital network.
The insurance coverage a driver has depends on whether they’re logged onto the app or not. If the driver is logged onto the TNC network but has no passenger in the vehicle, they have coverage for at least $75,000 for bodily injury to one person and $150,000 for bodily injury to two or more people. For property damage, they have coverage of at least $25,000. If a passenger is in the vehicle, the insurance coverage spikes. The driver is insured for $1.25 million for bodily injury and property damage. The policy also includes an additional $1.25 million for no-fault insurance and uninsured motorist coverage.
Your Options After an Uber Accident
No-Fault and Fault-Based Claims
New York is a no-fault state for traffic collisions, so you can recover financial losses from your own personal injury protection (PIP) insurance if you’re in an accident with an Uber driver. If you suffer serious injuries, however, your PIP coverage may not be enough. That’s when you can step outside of no-fault laws and file a personal injury claim against whoever is liable.
In a no-fault claim, you only have to demonstrate that you suffered injuries because of the accident. That’s not the case with a personal injury claim. In the latter, you may have to show that negligence took place. That means establishing that the other party owed you a duty of care, that they breached their duty, and that this breach caused you tangible losses.
It’s essential to have a car accident attorney helping you if you’re filing a personal injury claim. A successful claim involves negotiating with the other party’s insurers and perhaps even Uber’s adjusters, so you never want to undertake the process on your own.
The team at Tucker Lawyers has helped clients recover millions in car accident settlements and jury awards. We can help you, too.
Common Reasons Uber Accidents Occur
Most Uber accidents occur because of driver error, but other factors may be at play. Because Uber considers its drivers independent contractors, the company is not usually liable for any accidents they cause. There are exceptions, however, so consult with an attorney to learn how liability could affect your claim.
Inexperienced Drivers
Since Uber doesn’t require specific training for its independent contractors, some drivers don’t have the necessary experience to do the job. Since these drivers can’t navigate New York City very well, they might make mistakes like entering one-way streets the wrong way.
Distracted Driving
A driver who isn’t fully focused on the road will be more likely to cause an accident. Cell phone use can be a big distraction for Uber drivers, as they might take their eyes away from the road to check the GPS or respond to notifications on the rideshare app.
Intoxicated Driving
The legal blood alcohol limit is 0.08%, but even a single drink can impair a driver. Alcohol and drugs like marijuana affect coordination and reflexes, and they might lead drivers to make poor judgment calls. If an impaired driver doesn’t respond appropriately to a hazard, they could cause serious injuries in a wreck.
Speeding
An Uber driver who is rushing to drop someone off so that they can be free to pick up another passenger might drive faster than the speed limit and road conditions allow. Speeding shortens the time a driver has to stop their car if a hazard appears and increases the force the vehicle exerts in an impact.
Reckless Driving
Reckless driving involves actions like rapidly changing lanes, tailgating, and running red lights and stop signs. Under pressure to pick up more passengers, some drivers operate their cars aggressively without regard for anyone else’s safety.
Road Conditions
Road conditions themselves can cause accidents. If there are potholes, cracks in the pavement, or missing lights, drivers can lose control of their vehicles. An Uber driver might not be liable if this happens. Instead, you may be able to hold those in charge of road maintenance at fault.
Defective Auto Parts
Sometimes, a car malfunctions because of a defective part. A brake system that stops working or a tire that bursts can send a vehicle careening into another lane. In these types of accidents, you may be able to file a claim against the manufacturer of the vehicle or defective part.
Damages You Can Claim in an NYC Uber Accident
The amount of compensation you can ask for after an Uber accident depends on the type of claim you’re eligible to file. If you file a no-fault claim with your own PIP insurance, you can receive coverage for the medical expenses related to your injuries, as well as lost wages. You wouldn’t, however, receive any payout for your non-economic losses like pain and suffering.
If your losses are severe enough that you can file a personal injury claim, you can ask for both economic and non-economic damages. Economic damages include past and future medical expenses, as well as lost wages. Damages may also be available for the emotional distress you’ve experienced because of the accident. Long-term or permanent injuries could result in high awards for these non-economic damages. If a loved one dies in an Uber accident, you can file a wrongful death lawsuit and ask for compensation for the loss of their support and companionship.
File a Claim After an Uber Accident
Our Team Can Help You Get Compensation
Car accidents can result in catastrophic injuries that leave you with long-term pain and the need for ongoing medical care. If an Uber driver caused the accident, you may not be certain who you can hold liable. That’s why you need an Uber accident lawyer.
At Tucker Lawyers, we provide the assistance you need to get through this difficult time in your life. We’ll assess your accident and negotiate with insurers so that you’re able to get a fair deal. Don’t fight for compensation alone.
Contact Tucker Lawyers at (516) 399-2364 to schedule a free consultation with one of our attorneys.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]