Ridesharing companies like Uber and Lyft have become more prevalent in recent years. A customer can book a ride and pay for the ride through Uber’s phone app. Using Uber is often a more affordable and faster option than using traditional taxi cabs. As the number of Uber drivers grows, so does the number of Uber accidents. If you have been injured in an Uber accident in New York, you need an experienced Uber accident lawyer on your side.
Westchester Uber Accident Lawyer
Attorney Michael LoGiudice has significant experience representing personal injury victims, including Uber accident victims. He has an in-depth knowledge of New York personal injury laws. He also understands how to negotiate with multiple insurance companies to obtain the best settlement possible for his clients. Attorney Michael LoGiudice stays up-to-date with the latest changes in ride-sharing laws and regulations that could affect your Uber accident case. Call Michael LoGiudice, LLP, today to schedule your free initial consultation to discuss your case.
The Benefits of Working with an Uber Accident Lawyer
An unexpected injury could end up costing you more money than you’d ever imagined. Serious car accidents can cause catastrophic injuries that affect victims for the rest of their lives, such as traumatic brain injuries and spinal cord injuries. Pursuing compensation after an Uber accident can be one of the most important actions you take for yourself and your family.
Unfortunately, Uber accident cases are often more complex than other types of car accident cases. There may be multiple parties involved in your case, including the Uber driver, a negligent third-party driver, and multiple insurance companies that will all try to avoid liability for your injuries. Attorney Michael LoGiudice has the resources needed to investigate your case carefully. After an investigation, he will carefully determine the value of your case and begin negotiating with the liable parties for compensation, allowing you to focus on recovering for your injuries.
Determining Liability in a New York Uber Accident
Under New York law, victims of car accidents have a right to seek compensation from anyone who caused the car accident. Most car accidents are caused by negligence, which is the failure to act reasonably under the circumstances. There are multiple parties whose negligence or recklessness caused the car accident that resulted in the victim’s injuries in some cases. Victims can seek compensation from anyone whose actions or inactions caused the Uber accident, including the following:
- Uber driver
- third-party driver
- bicyclist
- a pedestrian
- transit company
- government agency
- the manufacturer of a defective vehicle or piece of equipment
New York state courts use a legal rule called comparative fault to determine liability. As a result, the court will apportion damages according to each at-fault party’s share of the fault. As the victim of an Uber accident, you can pursue compensation against anyone or any company whose negligence, carelessness, or intentional actions caused the accident that resulted in your injuries.
Can I Recover Compensation If My Uber Driver Caused the Accident?
Not every Uber accident is caused by the Uber driver himself or herself. When an Uber driver’s negligence or recklessness causes an accident, the case can become complicated. Depending on when the accident occurred, the Uber driver, his or her private insurance company, or Uber’s insurance provider could be liable for the damages you’ve suffered.
The Uber Driver Wasn’t Logged Into the Application
If the accident occurred when the Uber driver was not logged into the Uber app, the driver is considered off-duty. Uber will not cover any injuries that occur in an accident while the Uber driver is off duty. In this scenario, if the Uber driver is at fault, the victim needs to pursue compensation from the Uber driver personally or through his personal insurance policy. If the victim has auto insurance coverage, he or she may need to file an uninsured/underinsured motorist claim if the driver’s insurance policy doesn’t cover all of the expenses and property damage.
The Uber Driver Was Logged Into the App But Hadn’t Accepted a Ride
When the accident occurred while the Uber driver was logged into the Uber app and waiting for a ride request, Uber provided victims limited insurance coverage. Their limited insurance policy covers $50,000 per person and $100,000 per accident in bodily injury coverage. It also includes $25,000 of property damage coverage per accident. However, the Uber driver and his insurance coverage will be the victims’ primary source of compensation if the Uber driver is at fault. Should your damages exceed the driver’s coverage limits, you can file a claim to receive benefits from Uber’s policy.
The Uber Driver Has Accepted a Ride Request and/or Has a Passenger in the Vehicle
Once the Uber driver has accepted a ride request in the app, Uber has a one-million-dollar insurance policy that will cover any injuries caused in an accident. The policy covers injuries, deaths, and property damage from the moment the driver accepts a ride request, while the driver is en route to pick up the customer, and until the customer will use the vehicle.
Sometimes people assume it will be easy to recover compensation from Uber when an accident occurs in this time frame. However, Uber attempts to deny liability and responsibility so they can avoid paying compensation. Hiring a lawyer will help you level the playing field and put you in the best strategic position to obtain the compensation you deserve. Working with an experienced lawyer can help you obtain the following types of damages you deserve:
- medical expenses
- lost wages
- disability
- reduced earning capacity
- pain and suffering
- emotional trauma
- loss of consortium, and more
Discuss Your Case With a Westchester Uber Accident Lawyer Today
You do not have an unlimited amount of time to see compensation after being injured in an Uber accident in New York. Typically, you only have three years to file a lawsuit after the accident. If you’re struggling with an injury after an Uber accident, don’t hesitate to contact Michael LoGiudice, LLP., an experienced personal injury lawyer. He will do everything possible to maximize your claim to compensation.
The law office of Michael LoGiudice routinely represents Uber accident victims in the greater New York area including Westchester, Putnam County, Dutchess County, Rockland County, Orange County, and Brewster.