Uber and Lyft have transformed how people commute. Rideshare vehicles, like any other motor vehicle on New York roads, are prone to accidents. Accidents that involve rideshare companies can be especially hard to deal with when it comes to getting paid for injuries, damage to property, or emotional trauma.
Hiring Silverstein & Kahn PC’s experienced attorneys can help you with your case against a rideshare driver or company. This blog will go over how to tell if you need a rideshare accident lawyer.
What to do in a Car Accident Involving a Rideshare Driver?
Uber and Lyft have well-defined procedures for dealing with accidents involving their drivers. The following are the steps to take to recover damages from the at-fault driver or the rideshare company’s insurance company:
Check if everyone involved is okay.
Take your time checking on the driver and everyone else involved in the accident. If you are capable of providing first aid to yourself or others, do so to save lives. Bystanders could also assist.
Call the police.
If the police are not already on the scene, the next step is to call them. They will interview the individuals involved and collect evidence, including photographs of the rideshare accident. This information will be critical in determining who was at fault, the extent of the damage, and the injuries sustained. Later, your personal injury lawyers will obtain a copy of the report.
Collect evidence to share with your insurance company and lawyer.
Photograph and videotape the car accident scene. The police may overlook critical information about the accident scene that your camera will not capture.
Make contact with witnesses and participants.
Speaking with witnesses to the car accident may provide useful information about what happened moments before the accident. When you are in an accident, the true cause of the accident may not be immediately apparent to you or the rideshare driver. However, speaking with eyewitnesses can provide a more accurate picture of what occurred. Maintain close contact with witnesses because they can assist you in collaborating on your story during litigation.
Report on the rideshare application.
Both Uber and Lyft have a section where you can report a rideshare accident. Talk to the driver about using their app to report the accident.
Consult a personal injury lawyer.
Get an experienced personal injury attorney right away if you are involved in a rideshare accident. Silvertein & Kahn P.C. is a New York-based law firm that will respond to your inquiry as soon as possible.
Different Ridesharing Accident Cases and How to Recover Compensation
Drivers for ridesharing companies are listed as independent contractors. This complicates the process of filing a direct liability claim against them. You can, however, obtain fair compensation from the at-fault driver’s insurance provider with the right legal representation. There are four possible scenarios for a rideshare accident to consider:
The rideshare driver has accepted a request.
When a rideshare driver formally accepts a ride request from a customer, they are said to be “on the clock.” The ridesharing company should provide $1.25 million in comprehensive insurance coverage for on-the-clock drivers and their passengers. Also, under New York State’s “no-fault” law, car accident victims can get money from both their own insurance company and the insurance company of the driver who caused the accident.
The rideshare driver is logged into the app but has not formally accepted a request.
When a car accident happens while the driver is logged into the app but hasn’t officially accepted a request, the accident is covered by limited liability insurance. This type of insurance only pays for damages up to a certain amount, such as $50,000 for injuries and $25,000 for property damage.
The driver isn’t logged into the app.
When a rideshare driver isn’t logged into the app and a car accident happens, the people involved may need to file a claim with their own or the at-fault driver’s auto insurance company.
Another driver caused the accident.
When a driver other than the rideshare driver is at fault, the at-fault driver’s insurance company is liable for any damages or injuries sustained.
How can a Rideshare Accident Attorney help?
A qualified and experienced personal injury attorney can assist you with the legal aspects of a rideshare accident. Here are some examples of how an attorney can assist you:
- Conduct investigations. Personal injury claim attorneys are best suited to investigate the accident and determine who was at fault. They understand what questions to ask and what evidence to keep to win the case.
- Calculate damages: It is difficult to compile all of the details of the accident’s losses, damages, and injuries. Some losses may be psychological, and assigning a monetary value to those damages is nearly impossible without proper knowledge and experience. Your best friend is an experienced legal representative.
- Negotiate settlements with the rideshare accident lawyer and insurance companies: When the liable parties realize that litigation may not be in their favor, they will be eager to offer a settlement amount. By negotiating with other lawyers and insurance companies, your attorney will ensure that you receive the highest settlement amount possible.
- Represent you in court: If your personal injury case goes to trial, having experienced lawyers represent you in court is critical, especially if you are unsure of what to expect during the trials. Insurance companies will almost certainly have experienced lawyers ready to pursue you. Only a personal injury lawyer can assist you.
Involved in a Motor Vehicle Accident with a Rideshare Driver in Deer Park, NY? Call Silverstein & Kahn, P.C.
Silverstein & Kahn P.C. is a New York-based law firm that is family-owned and operated. We have qualified and experienced personal injury attorneys who have handled car accident claims in Deer Park, NY, involving Uber and Lyft drivers for over 33 years. We understand the emotional, financial, and psychological trauma that a car accident can cause, and we are willing to fight for you as you recover. To schedule a consultation, please call (631) 424-6850.