How to Protect Your Rights in a Rideshare Accident (Uber/Lyft)
Rideshare services like Uber and Lyft are now part of everyday transportation in New York, New York. Yet with increased use comes increased risk. Accidents involving rideshare vehicles introduce unique legal challenges compared to typical car crashes.
From multiple insurance providers to uncertain driver statuses, knowing what to do after a rideshare accident is critical. If you were injured as a passenger, pedestrian, or occupant of another vehicle, acting quickly can help protect your rights and strengthen your claim.
Our attorney, Frank Eskesen, helps people throughout New York, New York who were hurt in Uber or Lyft accidents understand what steps they should take to pursue compensation. Whether you're looking for a seasoned automobile accident attorney or need help figuring out who is liable, we’re here to help you every step of the way.
Steps to Take Immediately After a Rideshare Accident
After a rideshare crash, your actions can affect both your recovery and your ability to seek compensation. Follow these immediate steps to protect your rights and preserve crucial evidence.
Move to Safety and Call 911
Your first priority should be safety. Move away from traffic if you're able and call 911 to report the crash. Request both police and medical assistance, even if you believe your injuries are minor.
Get a Copy of the Police Report
A formal accident report from the New York Police Department helps document what happened. Make sure you get the name and badge number of the responding officer. You’ll need the report number to request a copy later.
Gather Information from All Parties
Obtain the names, contact information, and insurance details from:
The rideshare driver
Any other involved drivers
Witnesses at the scene
If you were a rideshare passenger, get screenshots of your ride details in the app, including time, date, and driver information.
Document the Scene
Take photos of the vehicle damage, road conditions, traffic signs, and any visible injuries. Keep records of everything — your injuries, expenses, and any communication with Uber or Lyft.
Common Injuries in Rideshare Accidents
Rideshare accidents can result in a wide range of injuries. The force of impact, vehicle speed, and seat positioning all play a role in injury severity.
Some common injuries include:
Whiplash and soft tissue injuries
Traumatic brain injuries
Spinal cord damage
Broken bones
Lacerations and bruising
Even if symptoms seem minor, seek medical care immediately. A delay in treatment can hurt your recovery and your legal claim.
Who May Be Liable After an Uber or Lyft Accident
Determining who is liable after a rideshare crash can be complicated. Liability may depend on whether the driver was actively using the app, who caused the collision, and what parties were involved.
The Rideshare Driver
If the driver was negligent, such as speeding or texting, they may be responsible. Whether or not the rideshare company's insurance will cover your damages depends on the driver’s status in the app at the time.
Uber or Lyft’s Insurance
Both Uber and Lyft may provide tiered coverage based on the driver's status:
App off: The driver’s personal insurance applies.
App on, no ride accepted: Limited liability coverage from Uber or Lyft.
En route or passenger onboard: Expanded coverage may apply through Uber or Lyft's insurance.
The applicable policy may vary depending on the unique facts of the incident and which company the driver was working for at the time.
Third Parties
Other drivers, manufacturers of defective vehicle parts, or even governmental agencies responsible for road maintenance, could be liable. These cases may involve multiple claims filed across different insurance providers.
How New York Law Affects Rideshare Accident Claims
New York has specific laws that influence how rideshare injury claims are handled. From insurance systems to legal timelines, these rules can impact your compensation.
No-Fault Insurance Rules
New York is a no-fault insurance state. This means that after most automobile accidents, your own insurance pays for medical expenses and lost earnings, regardless of who caused the crash. This applies up to the limit of your Personal Injury Protection (PIP) benefits.
When You Can File a Lawsuit
While no-fault rules apply in many cases, serious injuries may allow you to pursue a personal injury lawsuit against the at-fault party. An automobile accident attorney can evaluate whether your injuries meet the required legal standard to file a claim outside of no-fault.
Statute of Limitations
In New York, you generally have some years from the date of the accident to file a personal injury lawsuit. However, exceptions can apply, and missing a deadline could block your claim. It’s important to begin the legal process promptly.
What an Automobile Accident Attorney Can Do for You
Rideshare accidents often involve multiple parties, overlapping insurance coverage, and extensive documentation. Legal representation can make a significant difference in how your case unfolds.
Review Your Case and Identify Liable Parties
An automobile accident attorney can review your medical records, police reports, and any available rideshare data to identify every liable party. This is especially important in rideshare claims, where fault may be shared or disputed.
File Claims With the Right Insurers
Insurance companies may deny your claim or offer low settlements. An experienced personal injury attorney like Attorney Frank Eskesen knows how to communicate with insurers, including Uber and Lyft, and build a compelling case on your behalf.
Help You Seek Compensation
Depending on your situation, you may be entitled to compensation for:
Medical bills
Lost income
Reduced earning capacity
Physical pain and emotional distress
According to the National Highway Traffic Safety Administration (nhtsa.gov), the increase in rideshare use has coincided with a rise in traffic fatalities in some urban areas. This underscores the importance of holding negligent parties accountable and maximizing the compensation available to you.
Frequently Asked Questions
Many people have similar concerns after a rideshare crash. The following answers address some of the most common questions we hear.
What Should I Do if the Uber or Lyft Driver Leaves the Scene?
Leaving the scene of an accident is a crime in New York. Call the police immediately and provide all the details you can. Uber and Lyft may still be able to identify the driver using their internal records.
Can I Sue Uber or Lyft Directly?
Uber and Lyft drivers are typically considered independent contractors. This limits the situations where you can sue the company directly. However, you may still be able to access their insurance coverage depending on the pickup location and the driver’s status in the app.
Do I Have a Case If I Was a Pedestrian or Cyclist Hit by a Rideshare Vehicle?
Yes. Pedestrians and cyclists may have a valid claim against the driver or Uber/Lyft, depending on the facts. Insurance coverage rules are similar and can offer compensation for medical costs and related damages.
How Long Does a Rideshare Accident Claim Take?
Timelines vary based on injury severity, insurance company responses, and whether a lawsuit is filed. Some claims may resolve quickly, while others take longer to reach a settlement or verdict. An automobile accident attorney can help streamline the process.
Will My Case Go to Trial?
Most rideshare claims settle without going to trial. If insurers fail to offer fair compensation, your attorney may recommend filing a lawsuit. Attorney Frank Eskesen is ready to take a case to court when necessary to protect your rights.
Legal Options for Uber and Lyft Passengers
As a paying customer in a rideshare vehicle, you have specific legal protections. Whether your driver or another motorist caused the crash, you may be entitled to financial recovery.
As a Passenger, Who Pays for My Injuries?
Depending on the location of the pickup, if the driver was logged into the app and transporting a passenger or en route to a pickup, Uber or Lyft’s insurance may apply. If another driver was at fault, their insurance may be involved as well. An automobile accident attorney can sort through the coverage layers and identify every path to compensation.
What If the Driver Wasn’t Logged Into the App?
If the driver was off-duty and not logged into the app, their personal insurance typically applies. However, personal policies sometimes exclude accidents that occur while using the car for commercial purposes. These coverage issues may require additional legal attention.
Can I Be Blamed for the Crash as a Passenger?
It’s rare for passengers to be blamed for a crash. Unless you were actively interfering with the driver, it’s highly unlikely that you’d be found liable.
Legal Rights of Other Drivers and Pedestrians
Rideshare drivers aren’t the only people who can be held accountable in an accident. Other victims, including motorists and pedestrians, also have options to pursue compensation.
Getting Medical Care and Filing a Claim
Start by seeking medical care right away. Then, file a no-fault claim with your own insurer to cover immediate expenses. If your injuries are serious, you may also have the right to pursue a lawsuit against the responsible driver.
Dealing With Multiple Insurance Providers
Multiple drivers and rideshare companies can complicate insurance claims. An automobile accident attorney can communicate with insurers, push back against delays, and demand accountability.
How Rideshare Company Policies Impact Your Claim
The rideshare companies’ internal policies and user agreements can influence how your claim is handled. These details may seem minor, but they can have major legal consequences.
Uber and Lyft’s Terms of Service
When you use a rideshare app, you accept certain legal terms. These often include arbitration clauses, which may limit your right to take legal action in court. A qualified automobile accident attorney can review your rights and help determine your options.
GPS and Data Access
Information such as GPS tracking, trip receipts, and driver activity may support your claim. However, companies may not voluntarily release this information. A legal demand or subpoena is often required.
Tips for Strengthening Your Personal Injury Claim
Following top practices after the accident can make a major difference in how your claim is valued and resolved.
Keep a Recovery Journal
Record symptoms, limitations, pain levels, and how your injuries impact your daily life. These details can help show the long-term effects of the accident.
Attend All Medical Appointments
Stick to your treatment plan and attend all follow-up visits. Gaps in treatment may be used against you by insurers.
Don’t Talk to Insurers Alone
Insurance adjusters often try to minimize your claim. Speak with an automobile accident attorney before making any official statements.
When You Should Contact an Automobile Accident Attorney
We always encourage accident victims contact an attorney as soon as possible. If you were hurt in a rideshare crash and are unsure where to turn, it’s time to speak with an automobile accident attorney. Whether you’re facing medical bills, lost wages, or insurance delays, Attorney Frank Eskesen can help you pursue compensation and protect your rights throughout the legal process.
Contact Us Today
If you or a loved one has been injured in a rideshare accident in New York, New York, speak with an automobile accident attorney at The Eskesen Law Firm who can help protect your rights and pursue compensation. Located in New York, New York, we represent clients in Kings County, Queens County, New York County, Bronx County, and Richmond County. Contact us today.