Does Rideshare Insurance Cover Bicycle and Pedestrian Accidents?

Rideshare services like Uber and Lyft have revolutionized transportation in New York, offering convenience at your fingertips. However, the growing popularity of rideshare services has also led to an increase in accidents involving bicycles and pedestrians.

If you’ve been injured by a rideshare driver while walking or cycling, you may wonder whether Uber insurance or Lyft insurance will cover your damages.

At the CEO Lawyer Personal Injury Law Firm, we understand how overwhelming it can be to navigate the legal and insurance landscape after an accident.

Below, we’ve answered common questions about rideshare insurance for pedestrians and cyclists in New York. This comprehensive guide will help you better understand your rights, the coverage available, and the steps you can take to secure the compensation you deserve.

For personalized assistance, call us at (516) 689-1132 to schedule a free consultation.

Does Rideshare Insurance Cover Accidents Involving Bicycles and Pedestrians?

Yes, in many cases, rideshare insurance can cover accidents involving cyclists and pedestrians. However, coverage depends on several factors, including the driver’s status on the app at the time of the accident and the specific policies held by Uber or Lyft.

How Rideshare Insurance Applies

Whether you are covered by Uber insurance or Lyft insurance largely depends on the driver’s app status at the time of the crash.

1. Driver Offline: If the driver was not logged into the app, their personal auto insurance policy applies. In this scenario, Uber or Lyft is not liable.
2. Driver Online but Waiting for a Ride: If a driver’s personal insurance doesn’t completely cover the costs of an accident, both Uber and Lyft provide additional insurance coverage. This coverage typically includes:
   • Up to $50,000 per person injured
   • $100,000 total per accident
   • $25,000 for property damage
3. Driver Actively on a Trip: If the driver is en route to pick up a passenger or transporting one, the company’s commercial insurance policy applies. This includes:

• Up to $1.25 million in liability coverage
• Uninsured/underinsured motorist coverage for victims when applicable

What Laws Protect Bicyclists and Pedestrians in New York?

New York has strong legal protections for bicyclists and pedestrians to ensure their safety on the road. These laws can impact how liability and compensation are determined in rideshare accidents:

Bicycle Laws

• Right to the Road: Bicyclists have the same rights and responsibilities as motor vehicle drivers under New York law.
• Bike Lane Use: Cyclists are required to use bike lanes when available but may leave the lane to avoid hazards or make turns.
• Helmet Laws: While helmets are mandatory for cyclists under 14, wearing one as an adult can protect against serious head injuries and may impact how damages are evaluated in a lawsuit.

Pedestrian Laws

• Crosswalk Right-of-Way: Pedestrians have the right-of-way at crosswalks, marked or unmarked. Drivers, including rideshare drivers, must yield.
• Jaywalking: While pedestrians are expected to use designated crossings, jaywalking does not absolve a driver of liability in the event of a crash.

Comparative Negligence in New York

New York follows a pure comparative negligence rule. This means that even if you, as a cyclist or pedestrian, were partially at fault for the accident, you can still recover damages.

Your compensation, however, will be reduced by your percentage of fault.

What Should I Do if I’m Hit by a Rideshare Driver?

If you’ve been injured by a rideshare driver while walking or cycling, it’s important to take specific steps to protect your rights and build a strong case. Here’s what you should do:

Immediate Steps

1. Call 911: Ensure that a police report is filed. This report will document the details of the accident and serve as critical evidence.
2. Seek Medical Attention: Even if you feel fine, get checked by a healthcare provider. Injuries like internal bleeding or head trauma may not be immediately apparent.
3. Collect Information:
   • The rideshare driver’s name, contact information, and license plate number.
   • Details about whether the driver was logged into Uber or Lyft at the time of the accident.
   • Contact information for witnesses who saw the accident.
4. Take Photos: Capture pictures of your injuries, the accident scene, and any damage to personal property (e.g., your bicycle).
5. Report the Accident: Notify Uber or Lyft through their respective accident reporting systems. This helps establish a record of the incident with the company.

After the Accident

• Consult an Attorney: A rideshare accident can involve multiple layers of liability. An experienced personal injury attorney can navigate the complexities and advocate for your rights.
• Avoid Speaking to Insurers Alone: Insurance companies may attempt to minimize your claim. Direct all communication to your attorney.

How Does Rideshare Insurance Differ from Traditional Auto Insurance?

Unlike traditional auto insurance, rideshare insurance policies are structured to address the unique circumstances of rideshare driving. Here’s how they differ:

Key Differences:

1. Dynamic Coverage:
   • Traditional auto insurance provides continuous coverage.
   • Rideshare insurance varies depending on whether the driver is offline, online but waiting for a request or actively engaged in a ride.
2. Higher Liability Limits: When the driver is transporting passengers or en route, Uber insurance and Lyft insurance provide significantly higher liability limits (up to $1.25 million). This is designed to protect both passengers and third parties like pedestrians or cyclists.
3. Uninsured/Underinsured Motorist Coverage: Rideshare insurance typically includes uninsured/underinsured motorist coverage, which can compensate victims if the at-fault driver lacks adequate insurance.

Can I File a Claim Against Both the Rideshare Driver and the Company?

Yes, in many cases, you can file claims against both the rideshare driver and the rideshare company. This is often referred to as dual liability.

Here’s how it works:

The Driver’s Liability:

The driver may be held personally liable if their negligence caused the accident. Examples include:

• Distracted driving (e.g., texting or navigating the app)
• Speeding or reckless driving
• Failing to yield to pedestrians or cyclists

The Rideshare Company’s Liability:

Uber or Lyft may be held liable under their insurance policy if:

• The driver was actively logged into the app.
• The accident occurred while the driver was transporting a passenger or en route to pick one up.

Challenges in Dual Liability Cases:

Rideshare companies often argue that their drivers are independent contractors, not employees, to avoid direct liability. An attorney can help you overcome this defense and pursue compensation through the company’s commercial insurance policy.

What Types of Compensation Can I Recover?

If you’re a pedestrian or cyclist and you’re injured in an accident caused by a driver using a ride-hailing app (like Uber or Lyft), you might be able to receive different types of compensation:

Economic Damages

1. Medical Expenses: Includes immediate emergency medical attention, necessary surgical interventions, physical therapy to aid recovery, prescribed medications, and the potential for future medical care.
2. Lost Wages: Compensation for time missed from work or reduced earning capacity due to your injuries.
3. Property Damage: Covers the cost of repairing or replacing your bicycle or other personal property.

Non-Economic Damages:

1. Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident.
2. Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once enjoyed.

Punitive Damages:

These are awarded in rare cases where the driver’s actions were particularly reckless, such as driving under the influence.

How Can an Attorney Help Me with a Rideshare Insurance Claim?

Navigating a claim involving rideshare insurance for pedestrians or cyclists can be complex. Here’s how a New York rideshare accident attorney can help:

1. Investigating the Accident: Gathering evidence, such as app logs, police reports, and witness statements, to establish liability.
2. Negotiating with Insurance Companies: Ensuring that Uber, Lyft, or the driver’s insurer offers fair compensation.
3. Handling Legal Deadlines: Filing your claim within New York’s statute of limitations for personal injury cases, which is typically three years.
4. Maximizing Compensation: Evaluating all avenues for compensation, including medical expenses, lost wages, and non-economic damages.

What Challenges Might I Face When Filing a Claim?

While rideshare insurance policies provide robust coverage, several challenges can arise, including:

• Proving the Driver’s App Status: The driver may claim they were offline to avoid rideshare insurance coverage. Your attorney can subpoena app logs to verify their status.
• Insurance Company Pushback: Insurers may attempt to shift blame or downplay the severity of your injuries to minimize payouts.
• Comparative Negligence: If the rideshare driver’s insurer argues that you were partially at fault, your compensation could be reduced under New York’s comparative negligence rules.

Why Choose the CEO Lawyer Personal Injury Law Firm?

At the CEO Lawyer Personal Injury Law Firm, we specialize in personal injury cases involving rideshare accidents. Here’s why clients trust us:

• Local Knowledge: We understand New York’s unique traffic laws and insurance regulations.
• Extensive Experience: Our attorneys have handled numerous Uber insurance and Lyft insurance claims, securing significant settlements for our clients.
• Client-Centered Approach: We prioritize your needs, ensuring personalized service and aggressive advocacy.

What Are My Next Steps?

If you or a loved one has been injured in a rideshare accident, don’t face this battle 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 legal options.

Protect your rights and pursue the compensation you deserve. The legal team at the CEO Lawyer Personal Injury Law Firm is here to help you navigate the complexities of rideshare insurance claims and fight for the justice you deserve.

Let us take the stress off your shoulders so you can focus on your recovery. Contact us now!