Basically, this insurance policy would be obtained by the transportation network company and passed on to the drivers as opposed to a separate policy that would be a rider on their existing accident and liability policy. Taxi associations statewide have been opposing these types of measures saying that taxi apps should follow the same set of rules as other transportation companies. Under Cahill’s bill, the state’s Department of Motor Vehicles will oversee regulation of ride-share companies such as Uber and Lyft outside of New York city.
Taxi Versus Ride-Sharing Companies
In New York City, all taxis owners/operators must carry a minimum insurance policy as required by the Taxi & Limousine Commission. When passengers, pedestrians or occupants of other vehicles are injured, the insurance policy will cover their medical expenses and other crash-related expenses. An injured party in such cases may also choose to file a personal injury lawsuit against the taxi driver and/or taxi company depending on the nature and circumstances of the incident. The important point here is that there is a clear relationship that exists between the taxi company and the driver.
However, with Uber and other ride-sharing companies, drivers may be independent contractors, not actual employees. Uber, for example, is an app that makes it easy for drivers and passengers to connect with each other. In fact, Uber has made this argument in hearings stating that Uber does not own or operate the vehicles and is not a transportation service provider, but a technology company.
So, essentially, they are arguing that the duty of care that public carriers have to safely transport passengers, does not apply to them. So, they are under no obligation to do background checks on drivers or look into whether the vehicles they drive are being properly maintained. They also claim that they are not liable for injuries to passengers during transit. Passengers are also not covered under the driver’s insurance because an individual’s auto insurance policy’s coverage does not apply to situations where the vehicle is used for commercial purposes.
What You Need to Know
Here are a few facts you need to know if you have been injured in a ride-sharing accident in New York City:
• Drivers’ personal auto insurance policy does not cover ride-sharing accidents. Most personal auto insurance policies state clearly that they don’t cover accidents that occur when the policyholder was driving for profit.
• You may have to cover injuries and damages with your own insurance, if you have it.
• Additional coverage from ride-sharing company might not cover you. Companies such as Uber say they offer up to $1 million in supplementary coverage when their drivers’ insurance doesn’t cover victims’ damages. However, we are starting to see, as cases come up, that ride-sharing companies’ insurance policies may not cover underinsured motorists or even your medical bills.
• It is also important to remember that ride-sharing companies try to distance themselves from their drivers especially when they are between fares. An example of this was when an Uber driver struck and killed a young girl. Uber’s attorneys argued that he was not working for them because he was not transporting a passenger, even though he was logged into the Uber app. The company has now changed that policy, but there is no assurance that other ride-sharing companies will have that same policy concerning between fare drivers.
Compensation for Injured Victims
Injured victims of Uber, Lyft or other ride-sharing vehicles in New York City have legal rights. With an experienced personal injury lawyer on your side, you may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc.
If you or a loved one has been injured in a ride-share car accident, 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. For over 49 years, our skilled accident attorneys have a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a man 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.
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 cases in 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.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: Public News Service
