A car accident in New York or anywhere else is never a good thing. However, Uber accidents provide one important mitigation. Accidents involving rideshare vehicles frequently result in greater injury compensation. If your claim is covered by insurance, an accident settlement is usually higher than a settlement with a regular motorist.
Companies like Uber and Lyft provide convenience. One of the primary reasons for their rapid growth is that they are less expensive than taxi companies. Accident-related injuries are unavoidable as more passengers hail rides with Uber and Lyft. If you are injured in an Uber car accident, knowing how to protect your rights as an Uber passenger will be beneficial.
Regulations for a Rideshare Car Accident in New York City
Uber connects users to drivers in their area who will pick them up and transport them to their destinations. Certain factors, however, can sometimes overshadow the convenience provided by this ridesharing company. These include Uber accidents, unethical hiring practices, a lack of accountability, and so on.
So, what happens if an Uber driver causes a collision? Are there any regulations in place to protect Uber passengers from careless drivers? Find out more about New York City rideshare regulations to get answers to these and other questions. If you or a family member were injured in a rideshare car accident in New York, you should consult with an experienced NYC personal injury lawyer like Gregory Spektor & Associates.
Requirements to be an Uber Driver in New York
Under New York law, Uber and other ridesharing companies are classified as transportation network companies. As a result, Uber drivers are subject to a variety of state regulations. In New York City, for example, a TNC driver must also have separate authorization from the New York City Taxi & Limousine Commission.
Uber drivers must be at least 19 years old and pass a background and fingerprint check. Furthermore, these independent contractors must have a valid New York State driver’s license and carry the minimum mandatory auto insurance policy. Uber drivers do not require a commercial driver’s license.
Uber Insurance Requirements in New York
An Uber driver is required to have insurance under New York’s TNC Act. The goal is to protect passengers and other drivers in the event of an accident. Except for New York City and any counties that choose to enforce different regulations, the Transport Network Companies Act applies to the entire state. The NYC Taxi & Limousine Commission already has stringent requirements in place for rideshare drivers in the city.
The minimum insurance coverage required is determined by whether or not an Uber driver has passengers in the car. According to state law, an Uber driver must have the following levels of insurance:
- A logged-on Uber driver who is looking for passengers but currently has no passengers in the vehicle must carry at least $75,000 in bodily injury or death insurance per person, $150,000 in bodily injury or wrongful death insurance per accident, and $25,000 in property damage to others.
- If the Uber driver has a passenger, the insurance policy must cover higher damage limits. Drivers who accept a passenger and are on their way to their destination must have at least $1.25 million in liability insurance for injury or death. In addition, they must have $1.25 million in supplemental underinsured or uninsured coverage.
Personal Auto Insurance
All New York drivers are required to have auto insurance. A typical personal insurance policy, however, is likely insufficient for rideshare drivers. Earning money for driving is considered commercial driving, and personal auto insurance policies do not cover it. As a result, Uber drivers must be covered by Uber insurance or purchase separate commercial driver policies.
Uber’s Commercial Insurance Policy
Uber provides its drivers with insurance. When that coverage kicks in, it will depend on whether the driver is currently using the Uber app and has a passenger. Under certain conditions, Uber insurance may not provide adequate coverage to drivers. The following are the coverage periods under Uber’s commercial insurance policy:
- Off-duty Driver: The app is turned off, indicating that the driver is driving for personal reasons. An off-duty driver is not covered by Uber’s insurance company. When involved in a car accident, drivers must rely on their personal insurance policy.
- The App is On and Waiting for a Request: Uber provides coverage in line with local and state requirements.
- During a Ride or on the Way to Pick Up Passengers: Drivers have coverage in line with local and state requirements.
Have you or a loved one been injured as a result of an Uber accident in New York? If this is the case, you should consult with a personal injury attorney to see if you have the legal right to file a personal injury claim.
Passengers Injured in an Uber Car Accident
As part of the state’s licensing requirements, New York requires rideshare companies to provide liability insurance for passengers. A passenger in an Uber car who is injured has more rights than anyone else. The injured Uber passenger is not at fault, with very few exceptions. Take a look at the following injury claim scenarios:
- The Uber driver is stopped at a red light when another car crashes into it from behind. The at-fault driver in this type of Uber car accident is the third-party driver who rear-ends the vehicle.
- The accident was caused by the Uber driver’s careless driving. Perhaps the driver failed to notice the traffic or focused too much on the rideshare app, which was not at eye level. Perhaps the driver disregarded a stop sign or a red light, resulting in an Uber accident. The Uber driver, not the passenger, is at fault in this case.
Can You Sue Uber as a Passenger?
A passenger injured in an Uber accident may be able to sue Uber. In general, an injured Uber passenger has more rights than anyone else who is hurt or involved in an accident. Because of New York’s no-fault insurance policy, the initial claims are filed through insurance. Any expenses in excess of the compensatory amount are frequently the responsibility of the at-fault driver, whether a third-party driver or the driver of the Uber car.
Steps to Take After an Uber Accident
Millions of people use Uber, Lyft, and other ridesharing services every day to get from one place to another. Every day, such businesses provide convenience to millions of people. Their insurance policies and structures, on the other hand, can make recovering compensation for damage and injuries difficult. Fortunately, Uber car accident attorneys can help you get fair compensation for a personal injury.
When you are a passenger in an Uber accident, your primary concern should be your own safety. Following the accident, the following steps should be taken.
-
Check for Injuries and Assess the Situation
As with any automobile accident, the first priority should be to assist the victims. If you or someone else is injured, seek medical attention right away. Even if you feel fine, many injuries, such as whiplash, do not have immediate symptoms. As a result, you should dial 911 or go to an emergency room if necessary.
Immediate medical attention will also help you document your injuries. Later, an experienced Uber accident lawyer can use this information to evaluate your case and pursue it on your behalf.
-
Gather Information from the Parties Involved in
Obtain the drivers’ names, phone numbers, license plates, and insurance information from the Uber accident. Obtain contact information and accounts of the incident from any witnesses to the accident. Additionally, the information in the rideshare app may be useful to your Uber accident lawyer.
-
Take an Assessment of the Accident Scene
It would be beneficial to write down everything you remember about the accident, including what happened before and during the accident. This will assist you in remembering important details. Take photographs of the accident scene and damage if possible. They must depict the accident and all circumstances surrounding it accurately.
-
Call the Police
Inform the police of the incident so that they can respond quickly to the accident scene. The police will conduct an investigation and provide a credible account of what happened. The police will also complete a traffic collision report, which will be useful evidence for your lawyers if you decide to file an insurance claim or an Uber accident case.
-
Contact Your Insurance Company
Do not discuss the incident or bodily injuries with insurance adjusters. Call your insurance company instead as soon as possible. If any insurance adjusters contact you, inform them that your personal injury attorneys will contact them. Otherwise, anything you say can be used against you in a personal injury lawsuit.
-
Report the Accident at Uber
Uber encourages both riders and drivers to report accidents. On the company’s website, accident report forms are available. Following your report, a company representative may contact you for a more detailed explanation of the incident. If you have serious injuries or questions, you should consult with a personal injury lawyer before speaking with anyone else.
Why Uber Accidents are Becoming More Common
Because they do not earn the highest percentage of the trips, many rideshare drivers try to complete as many rides as possible. This can sometimes lead to careless mistakes and dangerous driving. Some drivers travel at high speeds, attempting to avoid traffic as much as possible. Others take their gaze away from the road for extended periods of time to check the app for notifications, messages, and directions.
Other times, drivers are too preoccupied with looking for a ride request that they crash into other cars, guardrails, curbs, poles, or trees. Of course, there are many cases where the accident was caused by another vehicle. The high volume of traffic in New York makes driving even more difficult. That is why accident victims require personal injury protection.
Common Injuries from Uber Car Accidents
When riding in an Uber or driving near one, you should take precautions to ensure your safety. The severity of an Uber passenger’s injuries can vary. You might get away unscathed or with minor injuries. Unfortunately, not everyone is as fortunate. Some car accidents are devastating and have long-term consequences. Following an Uber accident, you may sustain the following injuries:
- Concussions.
- Fractures.
- Nerve damage.
- Whiplash injury.
- Broken bones.
- Closed head injuries.
- Torn muscles.
- Facial damages.
- Traumatic brain injury.
- Lacerations, abrasions, bruises, and cuts.
- Separations and dislocations.
- Burn injuries.
- Paraplegia and quadriplegia.
- Internal organ damage.
- Amputated or severed digits or limbs.
- Spinal cord and neck injuries.
- Coma.
- Death.
Did you get hurt while riding in an Uber because of someone else’s carelessness or negligence? If this is the case, you may be entitled to compensation for medical expenses, lost wages, pain, and suffering, and other medical care services such as physical therapy. You cannot, however, file a claim for medical bills if you did not sustain an injury. You can only sue for property damage and lost wages.
All drivers owe a duty of care to one another, their passengers, and everyone else. Your safety as a passenger in a rideshare vehicle is in the hands of the driver. Your driver is responsible for not injuring you. A breach of this duty may result in an accident.
Are You Looking for Professionals to Handle Your Uber Accident Lawsuit? Welcome to Gregory Spektor & Associates
Ride-hailing services are rapidly displacing taxis in New York City and across the country. A rideshare application, such as the Uber App, facilitates access to taxi services. As a result, it’s easy to overlook the fact that becoming an Uber driver is far easier than becoming any other type of commercial driver.
When you need an Uber car accident attorney, contact our New York law firm for a free consultation. We have some of the most knowledgeable Uber accident attorneys in the state. Our firm specializes in all types of personal injury cases, including Uber accidents.
We will fight for you to recover compensation for your medical bills, lost wages, pain and suffering, property damage, wrongful death, and other losses. To schedule a free consultation, please call (888) 797-7735.
