If you have been involved in an accident that involves a rideshare service, such as Uber or Lyft, it can be challenging to pursue compensation for the damages or injuries you suffered. Unlike in a traditional car accident claim, you will need to determine whose insurance applies, whether the driver was working at the time, and how to report what happened.
At The Eskesen Law Firm, I help injured people understand how rideshare claims differ from regular car accident cases. Located in New York, New York, I serve clients throughout New York City, including Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island). If you were hurt in a rideshare accident, reach out today to schedule a free consultation.
Why Rideshare Claims Are Different
Traditional car accident claims usually involve the drivers, their personal auto insurance policies, and the facts of the crash. Rideshare accidents can involve those same issues, but they also add another layer: the rideshare company’s app status.
That app status matters because it can affect which policy applies. Outside New York City, a driver who’s offline is usually treated like any other private driver. In New York City, Uber and Lyft cars are for-hire vehicles licensed by the Taxi and Limousine Commission. The state’s rideshare law, which sets insurance levels based on whether the driver was logged in to the app or carrying a passenger, does not apply to trips that start in the city (VTL 1691; VTL 1700). A driver who’s logged into the app but hasn’t accepted a ride can have a different level of coverage. A driver who has accepted a ride or has a passenger in the car may be subject to higher rideshare insurance coverage.
This means a rideshare crash investigation often looks at more than the police report. It can involve app records, trip data, driver status, pickup and drop-off details, screenshots, witness statements, and communication from the rideshare platform.
Rideshare accidents can also include different injured parties. Your status as a rideshare passenger, another driver, a pedestrian, a cyclist, or a passenger in a different vehicle will determine which insurance policy applies first.
Insurance Coverage Based on the Driver’s Status
One of the biggest differences between rideshare accidents and standard car accident claims is how insurance coverage varies. Outside New York City, if the rideshare driver wasn’t logged into the app, the case will usually proceed similarly to a traditional car accident claim. In this case, the driver’s personal auto insurance will often serve as the primary source of coverage.
However, if the driver was available for ride requests but didn’t have a passenger or an accepted trip yet, limited rideshare coverage might apply. This is often where disputes arise, especially if one insurance company tries to shift responsibility to another.
If the driver had accepted a ride or was transporting a passenger, rideshare company insurance can provide higher coverage. This can be especially important when you have suffered serious injuries or when more than one person was hurt.
How Evidence Can Shape a Rideshare Accident Claim
Every accident claim depends on evidence, but rideshare accidents often require a closer look at digital records. In a traditional crash, evidence can include photos, medical records, repair estimates, the police report, and witness statements. In a rideshare case, those items still matter, but they are not always enough.
Detailed records from the rideshare company are often needed, and your lawyer can request them. Those records can help show whether the driver was waiting for a request, driving to pick someone up, or actively transporting a passenger, which can affect both liability and insurance coverage. The important types of evidence you should collect after a rideshare accident include the following:
- Trip receipts and ride confirmations
- Screenshots from the rideshare app
- Driver and vehicle information
- Photos of vehicle damage and injuries
- Photos of the crash location, road conditions, and traffic signals
- Police report details
- Medical records related to the crash
- Witness contact information
These types of evidence can help show what occurred at the time of the crash and help support your version of events. Medical records are just as important because they can connect your injuries to the crash and show the treatment you needed afterward.
Additionally, bystanders, passengers, or nearby drivers can help explain how the crash occurred, and police reports can provide an official record of reported injuries, statements from those involved, and possible traffic violations.
Fault & Liability Can Involve More Than One Party in a Rideshare Accident
In a traditional car accident, the main question is often which driver caused the collision. Rideshare accidents can raise additional questions, such as whether the rideshare driver could be at fault, whether another driver could have caused the crash, or whether multiple parties could share responsibility.
For example, a rideshare driver could be distracted by the app, rush to pick up a passenger, stop suddenly in traffic, or make an unsafe turn. Another driver could run a red light, fail to yield, or rear-end the rideshare vehicle. In some cases, poor road conditions, defective vehicle parts, or unsafe vehicle maintenance can also be part of the claim.
New York’s no-fault insurance laws can also affect car accident claims. After an accident, it’s common for the injured party to seek benefits through no-fault insurance for certain medical expenses and lost earnings, regardless of who caused the accident. If your injuries meet New York’s “serious injury” threshold, you may also sue for pain and suffering and for economic losses beyond what No-Fault pays, with the help of an experienced New York personal injury attorney. No-Fault benefits require a written application within 30 days of the accident.
Contact a Skilled Rideshare Accident Attorney in New York City for Guidance Today
If you were injured in an Uber or Lyft crash, you shouldn’t have to figure out app status, insurance coverage, and claim deadlines by yourself. At The Eskesen Law Firm, I am dedicated to helping injured clients take the next step after being involved in a rideshare accident or another serious vehicle collision.
Located in New York, New York, I serve clients throughout New York City, including Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island). If you were injured in a rideshare accident, reach out to me at The Eskesen Law Firm today to talk about your case.
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