Ridesharing has taken New York City by storm, with countless residents and visitors relying on services like Lyft and Uber to get around for all kinds of commutes. While these rides are generally safe and convenient, accidents can still happen. So, what is different with this type of accident compared to an accident with a regular driver?
New York State has specific laws that dictate the insurance requirements for ridesharing companies, also known as Transportation Network Companies (TNCs). In New York City, TNC drivers must also carry commercial auto insurance as mandated by the New York City Taxi and Limousine Commission (TLC).
At Omni Injury and Accident Law, P.C., our experienced rideshare accident lawyers can help identify all responsible parties, potentially increasing the likelihood of obtaining appropriate compensation. We can also advise if you should seek compensation from your own insurance provider, given New York’s no-fault insurance laws.
Determining Liability
Determining liability for damages resulting from an accident involving an Uber or Lyft vehicle depends on several factors:
- The Uber/Lyft driver was not yet logged into the app
- The rideshare driver was logged in, but the commute had not started
- The Uber/Lyft driver has accepted a ride
- The Uber/Lyft driver was transporting a rider
If an accident occurs when the driver is not logged into their ridesharing app, the TNC cannot be held liable. Instead, you must seek compensation from the driver or their personal auto insurance provider. All Uber and Lyft drivers are required to have auto insurance, and you can file a claim with their insurer. However, the maximum compensation is limited by the policy’s coverage. If the driver only has minimum liability coverage, you may need to pursue damages from the driver directly. The other scenarios have
It’s important to note that TNC insurance policies are secondary to the driver’s personal policies. You can only seek damages from the TNC if the amount exceeds what the driver’s insurance company is willing to provide. A ridesharing accident lawyer can help clarify this complex aspect.
Finding the Right Advocate to Navigate the Claims Process
If you’re stuck in the middle of this liability maze, don’t panic. The key is to gather as much info as possible at the scene (think: driver’s details, insurance cards, witness statements) and consult with a knowledgeable accident attorney.
Omni Injury and Accident Law, P.C. can guide you through the tedious legal process and deal with the insurance companies on your behalf. You can reach out to us by filling out our contact us form. We can help you untangle the web of insurance policies and fight for the compensation available for your situation. Give us a call today, at 646-503-0404, to see how we can help you through your rideshare accident.