Given the ubiquity of rideshare operations and its prolific customer base, it is unsurprising that the number of injury accidents involving them have spiked. While services like Uber and Lyft have transformed how we travel, they have also introduced new legal complexities when accidents happen. Determining who is responsible, what insurance applies and how to pursue compensation can feel overwhelming — especially as you’re trying to recover from your injuries.
Why Rideshare Accident Claims Are Different
Rideshare accidents are not like typical car accidents. The key difference lies in the driver’s status at the time of the accident. Rideshare drivers are classified as independent contractors, not employees. This distinction can affect which insurance policy applies if you are involved in a rideshare accident.
In a rideshare accident, coverage depends on whether the driver was:
• Offline (not using the app)
• Logged in but waiting for a ride request
• En route to pick up a passenger or actively transporting one
Each stage triggers different levels of insurance coverage. For example, when a driver is offline, his or her personal auto insurance coverage applies. When a driver is logged in and waiting, limited liability coverage from the rideshare company may apply. When transporting a passenger or on their way to pick one up, rideshare companies typically provide up to $1 million in liability coverage. Understanding this structure is critical to pursuing the maximum compensation available.
Common Causes of Rideshare Accidents
Rideshare drivers face unique pressures that can increase accident risk. Many are working long hours or juggling multiple jobs. Some common causes of rideshare accidents include:
• Distracted driving (checking the app for directions or ride requests)
• Speeding to complete more trips
• Fatigue from extended driving shifts
• Inexperience navigating unfamiliar areas
• Poor vehicle maintenance
Regardless of the cause, injured victims have the right to seek compensation when someone else’s negligence (carelessness) leads to harm.
Who Can Seek Compensation in a Rideshare Accident?
You may be entitled to compensation if you were a passenger in a rideshare vehicle; a driver or passenger in another car that was struck by a rideshare driver; a pedestrian or bicyclist hit by a rideshare vehicle; or a rideshare driver injured by another negligent (careless) motorist. Each situation involves different legal strategies, but the core principle remains the same: If someone else’s negligence caused your injuries, you may have a claim.
Types of Compensation Available
After a rideshare accident, you may be eligible to recover damages for:
Medical expenses: This includes emergency room visits, hospital stays, surgeries, physical therapy, medication, and future medical care related to your injuries. Lost wages and benefits: If your injuries prevent you from working, you may recover compensation for lost income and benefits. In severe cases, you may also pursue damages for reduced or lost earning capacity.
Pain and suffering: Not all damages are financial. You may be compensated for physical pain, emotional distress, anxiety and diminished quality of life.
Property damage: If your vehicle or personal property was damaged in the accident, repair or replacement costs may be included in your claim.
Long-term disability: Serious injuries such as traumatic brain injuries, spinal cord damage or permanent impairments may justify substantial compensation for lifelong impacts.
Steps to Take After a Rideshare Accident
What you do immediately after an accident can significantly impact your case. Be sure to seek prompt medical attention. Notify law enforcement and ensure an official accident report is filed. Also report the incident through the rideshare app.
If possible, collect photos of the vehicles and scene, contact information for witnesses, insurance details from all drivers involved as well as screenshots of your rideshare trip information. Insurance companies often try to minimize payouts. Avoid giving recorded statements or accepting quick settlements without seeking legal advice first.
Some of the common challenges that arise specifically in rideshare accident cases include disputes over the driver’s app status at the time of the crash, lowball settlement offers and delays in processing claims, etc. Because multiple insurance policies may be involved, cases can become complicated quickly. Having an experienced New York rideshare accident lawyer on your side can make a significant difference in the outcome and compensation received.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a rideshare accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
For over 54 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. We also recovered $1,500,000 for a lady who was hurt by a bus, although there was only a 1 million dollar insurance policy and we got $500,000 above that insurance policy.
We also obtained $295,000 out of a $300,000 insurance policy in compensation for the victim of a bicycle dooring accident (where a car door opens into the path of a bicyclist). One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases. Also, we got a $1,400,000 verdict in a motorcycle accident.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning, paraplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
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