Uber is a popular ridesharing service that connects passengers with drivers through a mobile app. Uber has become an integral part of modern transportation in New York and across the United States. Rideshare apps are commonly used for transportation in New York City, where around 55% of households do not own a car.
If you have been involved in an Uber accident in New York, you may be wondering if you have the right to sue for the damages and injuries you have suffered.
Nevertheless, Uber cases can present significant challenges. Obtaining the money you are entitled to, may require more effort than anticipated. Contacting a skilled New York Uber accident attorney can simplify the process.
Can I Sue the Uber Company for an Accident in New York?
In the majority of situations, it is not possible to file a lawsuit against Uber following a car accident involving one of their drivers. Employers are typically held responsible for the negligent actions of their employees. Uber is not legally considered the employer of their drivers. Instead, Uber drivers are independent contractors. Due to the absence of an employer-employee relationship between a driver and a ridesharing company, legal action against Uber is not possible.
A lawsuit is certainly a possibility, but you typically cannot sue the company Uber. Instead, plaintiffs usually sue the driver of the Uber vehicle. However, insurance provided by the ridesharing companies might cover your accident. If it doesn’t, you can sue the driver and the insurance companies with the help of an experienced Uber accident attorney.
Uber’s liability depends on whether a driver was logged into the app at the time of the accident. If the driver was not using the app at the time of the accident, you can only seek compensation from their insurance.
To successfully sue Uber in New York, you will need to prove that the company was negligent and that this negligence directly caused your injuries. You must also be able to demonstrate how much money you are entitled to recover damages for medical bills, lost wages, and pain and suffering. You could seek maximum compensation through a personal injury lawsuit if you sustained serious injuries in an accident involving an Uber vehicle.
Understanding the Basics Principles of New York City
New York is considered a “no-fault” auto insurance state. According to the law, it is expected that you file a claim with your car insurance if you experience vehicle damage and injuries in a car crash. If your injuries meet the legal definition of “serious,” you have the right to initiate a lawsuit against the other driver.
What is the Statute of Limitations for Filing an Uber Accident Lawsuit in New York?
The statute of limitations is the amount of time you have to file a legal claim or lawsuit after an accident has occurred. In New York, the statute of limitations for filing a personal injury lawsuit due to an Uber accident is three years from the date of the accident.
This time limit applies to all types of personal injury cases, including those involving car accidents, medical malpractice, and product liability. If you fail to file your case within three years, you may not be able to recover compensation for your injuries.
When Does Uber Not Provide Insurance Coverage for Accidents in NYC?
Uber's Insurance Coverage
Uber provides liability insurance coverage for its drivers, which varies depending on the driver’s status at the time of the accident. Here’s an overview of Uber’s insurance coverage:
- When the Driver is Offline:
If the Uber driver is not using the app for business purposes, their insurance is the primary coverage. - When the Driver is available but hasn't Accepted a Ride:
Uber provides contingent liability coverage, which kicks in if the driver's insurance denies the claim. This coverage is up to $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage. - When the Driver is En Route or Transporting a Passenger:
Uber's commercial insurance policy covers up to $1 million in liability coverage for accidents that occur during a ride. [2]
Whose Insurance Is Responsible for Covering an Uber Accident in New York City?
Suing for Damages
If you’re involved in an Uber accident, suing for damages can become complex due to the unique employment status of Uber drivers. Here are some key considerations:
- Uber's Insurance: Your first recourse is typically to Uber's insurance. If the driver was actively working and you were a passenger, their commercial insurance policy should cover your medical expenses and other damages.
- Driver's Insurance: If Uber's insurance does not cover all your expenses, you may need to pursue a claim against the driver's insurance.
- Third-Party Liability: If another driver was responsible for the accident, you can file a claim against their insurance.
Seeking Legal Counsel
If you’re injured in an Uber accident, consult with a Goldberg & Loren rideshare attorney. Our New York personal injury attorneys can help navigate the complexities of your case, gather evidence, and work to secure the compensation you deserve.
Sources:
[1] New Yorkers and Their Cars | NYCEDC. (n.d.). https://edc.nyc/article/new-yorkers-and-their-cars
[2] Drive | Uber Your City. (n.d.). Uber. https://www.uber.com/us/en/drive/insurance/
