Queens Uber & Lyft Accident Attorney

Who Pays After an Uber or Lyft Accident?

Rideshare accidents tend to be much more complex than most standard car accident claims due to the issue of liability. After most car accidents in New York, injured drivers and passengers can recover compensation from their own auto insurance providers by filing a personal injury protection (PIP) or Medical Payments (MedPay) claim. This coverage is available regardless of fault. If the injured party suffers damages that exceed these coverage limits, and their injuries meet the state’s “serious injury threshold,” they may also be able to go outside the no-fault system and bring a claim against the at-fault driver’s insurance company or sue the at-fault driver directly.

However, the process of recovering compensation after a rideshare accident is often far more complicated. While injured parties can still recover compensation from their own auto insurance providers, going outside the no-fault system becomes much more complicated in cases involving Uber, Lyft, and other rideshare companies.

After an accident, any of the following parties may be responsible for some or all of your damages:

• Your own auto insurance provider
• The rideshare driver
• The rideshare company
• A third party, such as another motorist

The specific details of the situation determine who is responsible. For example, if you were injured as an Uber passenger in an accident caused by the Uber driver, you may be entitled to compensation through Uber’s insurance coverage. If you were injured as the driver of another vehicle, and the rideshare driver who caused the accident was not actively driving for their rideshare company at the time of the crash, you may need to file a claim against the driver’s private auto insurance provider. If you were partially to blame for the accident, the process of recovering compensation becomes even more complicated.

At the Harris Firm, LLC, our Queens rideshare accident attorneys know how to navigate the legal system and fight for the maximum compensation you are owed. We can sit down with you during a complimentary consultation and discuss how the specific factors involved in your case may affect your claim. We invite you to contact us today to set up an appointment with a member of our team.

Can You Sue Uber or Lyft After an Accident?

Because Uber and Lyft both classify their drivers as “independent contractors,” not “employees,” it is nearly impossible to sue either rideshare company directly. However, you could be entitled to compensation through the respective rideshare company’s insurance policy if you were involved in an accident caused by one of their drivers.

Both Uber and Lyft provide varying levels of coverage depending on the circumstances. Specifically, these companies recognize three covered driving periods:

• Period 1: The driver has the app turned on/is logged into the app but has not yet accepted a ride request/is actively looking for a ride.
• Period 2: The driver has accepted a ride request but does not yet have the passenger in the vehicle/is on the way to pick up the passenger.
• Period 3: The driver has accepted a ride request and has the passenger in the vehicle/is actively transporting the passenger to their destination.

Uber and Lyft provide insurance coverage for each of these three driving periods, with up to $1 million in total coverage available during both period 2 and 3. However, if the rideshare driver does not have the app turned on when the accident occurs, neither rideshare company provides any coverage. In such instances, injured parties can file standard PIP or MedPay claims with their own auto insurance companies and/or pursue compensation by filing a claim against the at-fault driver’s insurance company or suing the at-fault driver.