Can You Sue for a Pedestrian Accident if You Are Hit by Uber or Lyft in NYC?
Ubers and Lyfts practically fill the streets of large cities like New York City. With more cars on the road, there are inevitably more car accidents. Unfortunately, the people who usually face the worst injuries from a car crash are pedestrians who are hit while on foot. If you or a loved one was hit by an Uber or Lyft in NYC, you may be wondering whether you can file a lawsuit for your injuries and how you can get medical bills and lost wages reimbursed. If you were in an Uber or Lyft accident, call the New York City car accident lawyers at Sullivan and Galleshaw today for a free consultation on your car accident case.
Can You Sue Uber or Lyft After a Car Accident in New York?
Suing after a car accident is often complex. In many cases, a victim may be able to file a car accident lawsuit to recover damages after a pedestrian accident, but New York’s no-fault rules might prevent this is in some situations. However, this does not mean that you cannot get compensation for an Uber or Lyft accident.
Whenever you are injured in an accident, you may be able to claim compensation from the party who harmed you. However, New York State has “no-fault” insurance rules aimed at reducing the number of lawsuits by ensuring everyone’s car insurance can cover them after an accident – if you have car insurance. Even if you are injured while walking or riding a bike, your car insurance might still be able to cover your injuries. Alternatively, your homeowner’s insurance or health insurance could help. If your injuries are serious, you may be entitled to sue the at-fault driver.
“Serious” injuries in New York are defined by Article 51 of NY’s Insurance Law. These rules say that an injury is serious enough to justify a lawsuit any time that the damages are more than $50,000, or if the injury results in wrongful death, permanent injury, disfigurement, serious limitations, loss of function. Your injury is also “serious” if it is severe enough to keep you from accomplishing day-to-day tasks (such as work, house chores, childcare, etc.) for at least 90 of the next 180 days.
You should talk to an attorney about your injuries to see if they are “serious” enough to justify a lawsuit. However, even if your injuries are not severe enough to take your case to court, you may still be able to file a claim against the Uber or Lyft driver’s insurance.
How Does Uber and Lyft’s Insurance Cover a Pedestrian Accident?
Uber and Lyft require their drivers to have their own insurance, but they usually supplement this with additional coverage. A rideshare driver’s insurance policy should include coverage for rideshare driving or commercial driving. If it doesn’t, their insurance may not cover the accident – but Uber and Lyft’s insurance policies should. There are different situations where Uber and Lyft’s insurance coverage works differently.
If the driver was not actively working and logged-in to their Uber or Lyft app as a driver, the accident is like any other car accident. The driver’s insurance should cover any injuries they cause, and you should be able to take them to court for more serious injuries.
If the driver was looking for riders but did not have a customer in their car, Uber and Lyft have supplemental insurance policies that might step in. These policies cover $50,000 per person and $100,000 per accident for injuries.
Any time between when the Uber driver accepts a ride and drops off a customer, Uber’s $1 million insurance policy steps in. Lyft has a nearly identical policy, and both companies cover $1,000,000 per accident in personal injury. This means that any time you are hit by an active Uber or Lyft car, you should have your injuries covered in some manner.
A personal injury lawyer can help you understand how to best seek compensation for your injuries and help you understand what your case is worth. Never accept compensation after a car crash until you discuss your case with a lawyer.
Who Do I Sue after a Rideshare Accident as a Pedestrian?
After being hit by an Uber or Lyft, your first instinct may be to sue the company for your injuries. Uber and Lyft drivers do not “work for” the rideshare companies, and are instead independent workers who merely use the app to find customers. This means that you typically cannot sue Uber and Lyft the way you might be able to sue a trucking company or a cab company after a truck accident or taxi accident.
Instead, your lawsuit would have to be filed against the driver, directly. Still, Uber and Lyft’s insurance policies help ensure that you get the compensation you need.
Call Our Queens Uber and Lyft Accident Lawyers Today for a Free Legal Consultation
After a serious accident, it is important to talk to an attorney about your case to get guidance on how to file your claim and what your claim might be worth. To schedule a free consultation with our Queens personal injury lawyers, call Sullivan and Galleshaw today at (877) 311-HURT.
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