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Ride-sharing services like Uber have become an integral part of daily life for many New York City residents and visitors.
However, the convenience of summoning an affordable lift to the airport or a hassle-free ride to a Broadway show with only a few taps on your smartphone can take an unexpected turn if your Uber gets into an accident.
So, what happens if your Uber crashes in New York?
Read on to find more about the legal challenges, the steps to take, and the compensation you might have the right to pursue.
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Bradford H. Bernstein
This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.
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What Happens If My Uber Crashes In New York?
If you’re a passenger in an Uber vehicle and experience an accident in New York, you should consider the following factors.
No-Fault Insurance Laws
New York operates under a No-Fault insurance system for car accidents. This means that regardless of who is responsible for the Uber accident, Uber’s insurance policies, if you are a passenger, will promptly cover economic damages, such as medical expenses and lost wages.
You may also use any auto policy associated with your household or a policy of the other automobile involved in the accident if the Uber no-fault insurance policy is insufficient to cover all of your economic losses.
Uber Insurance Coverage
If you seek damages for your pain and suffering and reach the no-fault threshold in New York, you can claim money from Uber’s insurance coverage. This insurance coverage is meant for passengers and drivers involved in accidents and depends on the driver’s status at the time of the accident.
If the driver is online but hasn’t accepted a ride request, Uber’s contingent liability coverage applies. It amounts to $75,000 for bodily injury to one person, and $150,000 per accident.
If the driver is en route to pick up a passenger or has a passenger in the vehicle, Uber’s primary liability coverage applies. It amounts to $1,25 million for third-party liability.
Laws Governing Ride-Sharing Accidents
New York has specific state laws regarding Transportation Network Company (TNC) vehicles and ride-sharing accidents.
According to Article 44-B of the New York Vehicle and Traffic Law, it’s mandated that even if a TNC driver holds auto insurance that meets the state’s compulsory requirements, the company must also maintain a group policy to protect the vehicles operating within its digital network.
These laws aim to ensure the safety and accountability of ride-sharing operations while providing a mechanism for resolving issues such as accidents, liability, and insurance coverage. Some of the aspects of these laws include:
- Licensing requirements for drivers
- Insurance coverage
- Background checks for drivers
- Vehicle safety standards
Steps To Take After An Uber Accident In New York
Following the right steps after an Uber accident in New York will help you protect your rights and pursue legal claims effectively.
- Ensure safety: Make sure everybody involved in the accident is safe. If anyone needs medical attention, immediately contact all emergency services.
- Document the scene: Take photos of the accident scene, including the vehicles involved, their positions, any damage, and relevant road conditions. This documentation can be helpful later if you decide to take legal action.
- Exchange information: Exchange contact and insurance information with the Uber driver, other drivers involved, and witnesses to the accident. Contact and insurance information typically includes names, phone numbers, license plate numbers, insurance policy numbers, and driver’s license numbers.
- Report the аccident to Uber: Use the Uber app to report the accident as soon as possible. Provide details of the incident, including the time, location, and a description of what happened. This step prompts Uber to take appropriate measures and makes sure that the accident is adequately documented.
- Contact law enforcement: Call the police to the scene of the accident, especially if people are injured. A police report serves as an official record of the accident.
- Seek medical attention: Even if there are no visible injuries, visit a doctor. Some injuries may not be visible immediately, and documenting your condition can be valuable evidence for future insurance claims.
- Collect evidence: Gather additional evidence that may support your case. This can include witness statements (Read more on the importance of witnesses to a car accident in our recent article), surveillance footage from nearby cameras or relevant traffic, or weather conditions.
- Notify your insurance provider: Contact your insurance company about the accident and give them the required details. Your insurer can advise you on how to proceed with your claim and, depending on your policy, may provide coverage.
- Talk to an Uber accident lawyer: Consult with a personal injury attorney who has experience handling Uber accident cases. They can help protect your rights, navigate the legal process, and pursue any compensation you may be entitled to.
- Keep records: Collect records of all communications, expenses, and documents related to the accident. This can include correspondence with Uber and insurance companies, medical bills, and more.
Who Can Be Held Responsible For An Uber Accident In New York
Determining liability in an Uber accident in New York can be complex and may involve multiple parties. The parties that can be responsible include:
- Uber driver: The Uber driver may be held responsible if they demonstrated negligent or reckless behavior contributing to the accident. This can include speeding, distracted driving, or driving under the influence.
- Uber: Uber can be held responsible for an accident involving one of its drivers under certain circumstances. Uber’s liability typically depends on whether the driver was actively engaged in a ride (with a passenger in the vehicle) or was between rides at the time of the accident.
- Other motorists: If another motorist’s actions caused the accident, such as running a red light or rear-ending the Uber vehicle, they may be held liable for the resulting damages.
- Pedestrians or cyclists: Pedestrians or cyclists involved in the accident may share liability if their actions contributed to the collision, such as jaywalking or riding a bicycle in the wrong direction.
- Third parties: In some cases, third parties may be held liable for the accident. These can be road construction companies, vehicle manufacturers (if a defect contributed to the accident), or government entities that failed to maintain the road properly.
What Compensation Can You Seek After An Uber Accident In New York
As in other personal injury claims, after an Uber accident, you can seek various economic and non-economic damages, including:
- Medical expenses: Compensation for all medical costs related to the accident, such as hospital bills, surgeries, doctor visits, prescription medications, and physical therapy.
- Lost wages: This is reimbursement for income lost due to your inability to work after the accident, including wages, bonuses, and other employment benefits missed.
- Pain and suffering: Compensation for the physical pain, emotional distress, mental anguish, and diminished quality of life resulting from the accident and the injuries you suffered.
- Loss of consortium: Compensation for the loss of companionship, care, and support of a spouse or family member due to the injuries you sustained in the accident.
- Future medical expenses: Compensation for anticipated future medical treatments and care related to the injuries sustained in the accident, such as ongoing therapy or medical monitoring.
- Loss of enjoyment of life: Compensation for the loss of ability to engage in activities and enjoy life as you did before the accident due to the resulting injuries and limitations.
Seeking compensation after an Uber accident in New York often requires the assistance of a skilled personal injury attorney. With the right experience and track record, they will assess your case, prepare and file the needed documents, and advocate for your rights.
Check out our detailed guide on choosing a personal injury lawyer in New York.
Were You Injured In An Uber Accident? Schedule A Consultation With Spar & Bernstein
If you’ve been injured as a passenger in an Uber accident, The Law Offices of Spar & Bernstein will provide personalized legal representation and fight for the compensation you deserve.
Our tenacious and compassionate Uber accident lawyers will look into the details of the accident, establish liability, and determine all potentially responsible parties.
We will gather evidence, including witness statements, accident reports, and medical records, to build a strong case on your behalf. Afterward, we will file a bodily injury claim and handle all communication and negotiations with insurance companies to represent your best interests.
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What Happens If My Uber Crashes In New York? FAQs
If you need more information on being injured in an Uber accident, check our frequently asked questions below.
How long do you have to file a claim after an Uber crash in New York?
The statute of limitations for filing a personal injury claim after an Uber crash in New York is typically three years from the date of the accident. However, make sure to report the accident and initiate the claims process as soon as possible to ensure timely resolution. Remember, you only have 30 days from the accident date to apply for no-fault benefits.
What happens if you are hit by an Uber driver while walking or cycling in New York?
If you are hit by an Uber driver while walking or cycling in New York, you may have the right to compensation for your injuries and damages. Depending on the circumstances of the accident, you can pursue a claim against the driver’s insurance or Uber’s insurance.
How long does it take to resolve an Uber accident claim in New York?
The time it takes to resolve an Uber accident claim in New York can vary depending on the complexity of the case, the extent of injuries, and other factors. Some claims may be settled relatively quickly, while others may take longer to resolve.
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