Rideshare services like Uber and Lyft have become a convenient way for New Yorkers to get around. But what happens if your ride ends in a crash, leaving you injured, confused, and unsure of what to do next?
The aftermath of a rideshare accident can be overwhelming—not just physically and emotionally, but legally as well.
You might be wondering: Can I sue both the driver and the rideshare company for my injuries? The answer to this question isn’t always straightforward, as it depends on various factors specific to your situation.
At the CEO Lawyer Personal Injury Law Firm, we know how stressful it can be to deal with medical bills, lost income, and insurance companies after an accident. That’s why we’re committed to simplifying the legal process and fighting for your rights.
This FAQ page is designed to address your concerns, help you understand New York’s unique laws, and show you how to protect your rights in a rideshare driver liability case. Whether you were a passenger, pedestrian, or another driver, this comprehensive guide will answer your questions and give you the confidence to take the next step.
Can I Hold Both the Driver and the Rideshare Company Responsible for My Injuries?
Yes, in certain cases, you can sue both the rideshare driver and the rideshare company. This is often referred to as dual liability in rideshare accidents.
However, your ability to do so depends on specific factors, such as whether the driver was actively using the rideshare app, the nature of their employment status, and the circumstances of the accident.
Why Does This Matter?
- The rideshare company’s insurance might apply if the driver was actively working through the app, either on their way to pick up a passenger or transporting one.
- If the driver wasn’t logged into the app, the company might argue they aren’t liable, leaving the driver’s personal auto insurance as the only option.
What Are the Key Laws Governing Rideshare Accidents in New York?
New York has unique laws and regulations concerning rideshare companies like Uber and Lyft. Under state law:
- Rideshare companies are required to carry insurance coverage that applies in specific scenarios.
- The minimum coverage amounts vary depending on whether the driver is “offline,” “online but waiting for a ride request,” or “engaged in a ride.”
Insurance Coverage Breakdown:
- Offline Drivers: The driver’s personal insurance applies.
- Online but No Passenger: Uber or Lyft provides contingent liability coverage of $75,000 per person injured and $150,000 per accident.
- During a Ride: Up to $1.25 million in liability coverage, plus uninsured/underinsured motorist coverage.
Understanding these nuances can help determine if you can pursue a claim against both parties.
How Does Rideshare Driver Employment Status Affect My Case?
One of the biggest challenges in Uber and Lyft lawsuits is determining whether the rideshare company is responsible for the driver’s actions. Rideshare drivers are typically classified as independent contractors rather than employees.
This classification allows companies to argue they aren’t directly liable for a driver’s negligence.
However, under New York’s legal doctrine of “vicarious liability,” a company can still be held responsible for the actions of its contractors in certain situations, particularly when their negligence occurs during the course of providing company services.
What Evidence Do I Need to Strengthen My Case?
To pursue dual liability in rideshare accidents, collecting strong evidence is essential. Key pieces of evidence include:
- Rideshare App Logs: Proof that the driver was logged into the app during the accident.
- Police Reports: Details about the crash and any citations issued.
- Witness Testimonies: Statements from passengers, bystanders, or other drivers.
- Medical Records: Documentation of your injuries and their impact on your life.
- Insurance Details: Both the driver’s and the rideshare company’s insurance information.
Your attorney can also subpoena records from Uber or Lyft to confirm the driver’s status at the time of the accident.
What Types of Compensation Can I Recover in a Rideshare Accident Lawsuit?
Victims of rideshare accidents in New York may be entitled to several types of compensation, including:
- Medical Expenses: Current and future costs related to your injuries.
- Lost Wages: Income lost due to time off work or reduced earning capacity.
- Pain and Suffering: Physical and emotional distress caused by the accident.
- Property Damage: Costs to repair or replace your vehicle or other damaged property.
By holding both the driver and the rideshare company accountable, you may increase your chances of receiving full compensation.
What Are the Challenges in Filing a Dual-Liability Lawsuit?
While suing both the driver and the rideshare company might seem like a straightforward solution, several challenges may arise:
- Determining Fault: You must prove that the driver was at fault and that the rideshare company’s policies or negligence contributed to the accident.
- Insurance Company Pushback: Both the driver’s and the rideshare company’s insurers may attempt to shift blame or minimize payouts.
- Legal Complexities: Navigating the different layers of liability, especially under New York’s “comparative negligence” law, can be tricky.
What Should I Do Immediately After a Rideshare Accident?
If you’re injured in a rideshare accident, follow these steps to protect your rights:
- Call 911: Ensure a police report is filed.
- Seek Medical Attention: Prioritize your health and create a medical record.
- Collect Evidence: Take photos of the accident scene, your injuries, and any vehicle damage.
- Get Contact Information: Collect details from the driver, the rideshare company, and any witnesses.
- Contact an Attorney: Reach out to the CEO Lawyer Personal Injury Law Firm to discuss your case with one of our New York rideshare accident attorneys.
Can I Sue if I Was a Passenger in the Rideshare Vehicle?
Absolutely. As a passenger, you are entitled to pursue compensation if you’re injured in a rideshare accident.
In most cases, passengers are considered innocent third parties, meaning they are not at fault and can recover damages from one or more liable parties. Here’s what you need to know:
Who Can You Sue?
- The Rideshare Driver:
- If the rideshare driver’s negligence caused the accident, you can file a claim against them.
- Examples of driver negligence include speeding, distracted driving, or running a red light.
- Another Driver:
- If another vehicle caused the accident, you can pursue a claim against that driver’s insurance.
- For instance, if a drunk driver ran into your rideshare vehicle, they may be held responsible for your injuries.
- The Rideshare Company: In cases where the rideshare driver was logged into the app and actively working, you may also sue the company itself. Rideshare companies like Uber and Lyft carry significant liability insurance policies to cover injuries to passengers.
How Is Fault Determined?
As a passenger, you don’t have to worry about proving fault. Instead, your primary concern is documenting your injuries and losses to ensure you receive proper compensation. Insurance companies for both drivers involved in the accident will determine liability, and your claim will proceed from there.
What if Multiple Drivers Are at Fault?
In multi-vehicle accidents, multiple drivers can share responsibility. For example:
- If the rideshare driver was speeding and another car failed to yield, both parties may be partially liable.
- New York’s “comparative negligence” law allows you to recover compensation from all at-fault parties based on their percentage of fault.
How Can an Attorney Help You?
- Determine Liability: We’ll investigate the accident thoroughly to identify all liable parties, whether it’s the rideshare driver, another motorist, or the rideshare company.
- Negotiate With Insurers: Insurance companies often try to minimize payouts, but our firm will fight to secure the maximum compensation you’re entitled to.
- Handle the Paperwork: Rideshare claims involve multiple insurers, policies, and legal documents. Let us take care of the details while you focus on recovery.
What if I’m Hit by a Rideshare Driver as a Pedestrian or Another Driver?
If you’re injured by a rideshare driver while walking or driving another vehicle, you may still have a case against both the driver and the rideshare company. As with other scenarios, the key factor is whether the driver was logged into the app and actively working for the rideshare company at the time.
How Long Do I Have to File a Claim?
In New York, the statute of limitations for personal injury cases is typically three years from the date of the accident. However, waiting too long can jeopardize your ability to gather evidence or secure witness statements.
It’s best to act quickly and consult an attorney as soon as possible.
Are There Any Unique Factors in New York Rideshare Accident Cases?
Yes, several factors make New York rideshare accident cases unique:
- No-Fault Insurance Rules: New York’s no-fault insurance system may require you to first file a claim with your own insurer, regardless of who was at fault. Serious injuries, however, allow you to step outside the no-fault system and file a lawsuit.
- Dense Traffic and Congestion: New York’s heavy traffic increases the likelihood of multi-vehicle collisions, which can complicate liability claims.
- Municipal Involvement: Accidents involving rideshare vehicles and public transportation (like buses) can add another layer of complexity.
Why Choose the CEO Lawyer Personal Injury Law Firm?
The CEO Lawyer Personal Injury Law Firm possesses extensive experience in advocating for individuals injured in rideshare-related incidents within New York. Here’s what sets us apart:
- Extensive Experience: We’ve handled numerous Uber and Lyft lawsuits, securing millions in compensation for our clients.
- Local Knowledge: Our team understands New York’s unique traffic laws and insurance regulations.
- Client-Centered Approach: We’re committed to personalized service and aggressive advocacy.
What Are the Next Steps?
If you or a loved one has been injured in a rideshare accident, don’t navigate this process alone. Contact the CEO Lawyer Personal Injury Law Firm today for a free consultation.
Call us at (516) 689-1132 to learn more about your rights and options. Don’t wait—act now!
The sooner you get legal representation, the better your chances of holding both the rideshare driver and the company accountable. We’re here to fight for the compensation you deserve.
