What should you do if you are a passenger or driver involved in an accident with a vehicle operating under an UBER or LIFT ride share program.? Here are the basics based upon my research and my views. If you have been injured in NYC and sustain personal injuries as a result of a driver who operates a car which picks you up under an UBER or LIFT ride sharing program, you need to speak with a competent personal injury lawyer in NYC. . Did you know that the type of UBER you order on your app may affect the liability insurance on the car ? An UBER X is a nice mid size car but the driver may only have $25,000 liability coverage for personal injuries . Whereas an UBER black car may charge more per ride but the liability insurance on the vehicle may be more .Many drivers of UBER Black cars or luxury premium rides, have told me they must insure their vehicle for up to $100,000 per person on liability. Of course this is hearsay but makes sense. You get what you pay for. So when going on certain trips you may want to spend more money on your UBER , for better safety, hybrid vehicles and peace of mind.
Also, as more people use ride- sharing cars like UBER or LYFT , legal questions have arisen regarding UBER accident drivers' rights to coverage if sued for personal injury by passenger. Uber considers their drivers independent contractors , not employees. As a result when an UBER driver becomes injured in an accident, he may have the right to bring an action against the other driver responsible for the accident.
Query? What are your rights as a passenger in a car operated by an UBER or LYFT driver and they are responsible in whole or part for the accident .
You can sue UBER or LYFT if involved in an accident as a passenger in their car or an accident with one of their drivers.
An UBER driver has three different types of insurance coverage , from different sources depending on their status at the time of the accident. If the driver is not currently available to accept fairs then only the drivers personal car insurance policy will apply . If the driver is available to pick up and offer rides but does not have a passenger but they are still using their own insurance UBER may kick in in some contingency insurance adding another $50,000 per person ($100,00 per accident) in liability coverage. Once an UBER driver is is transporting an UBER passenger for a ride then UBER may put in the full weight of its insurance meaning $1,000000 in liability . Each state is different and you will have to overcome the defense that UBER is only an application and the driver is an independent contractor.
New York is a no -fault accident state, which means that car accident victims typically must go through their own insurance to claim accident benefits. This changes when a paying passenger in an UBER or LYFT is injured , especially if they do not have their own automobile insurance.
UBER DRIVERS WITH APP OFF
If the UBER or LYFT driver was at fault for the accident, and they did not have their app turned on, accident victims must go through the driver of the vehicles own auto insurance to claim damages for personal injuries .
If the ride sharing driver strikes a pedestrian that did not have their own auto insurance , then the victim could file a no fault claim and liability claim under the drivers' personal insurance company.
UBER OR LYFT DRIVERS WITH APP ON
If the UBER or LYFT driver has turned the app on and was on their way to pick up a passenger , but did not have anyone in the car or vehicle, UBER and LYFT may provide a certain amount of coverage for bodily injury.
After an UBER or LYFT drive has picked up a passenger and turned on the app, the amount of available insurance may increase up to 1 million dollars for riders who suffered personal injuries and were passengers in the vehicle at the time of the accident.
If there are multiple parties in the vehicle that are seriously injured they must divide up the amount of available insurance.
RECOMMENDED ACTIONS IF YOU ARE INVOLVED IN AN ACCIDENT WITH AN UBER OR LIFT , OR AS A PASSENGER
- call the police to the scene of the accident (911)
- go to the nearest emergency room and get evaluated
- take photos of the damage to the vehicle ;
Contact a lawyer as soon as possible.
LOCATIONS OF LAW OFFICES OF EDWARD LEMMO ESQ.
19 West 74th Street suite 3A
New York , NY 10023
I or my investigator will come to you at your home or hospital if you are seriously injured in an accident and suffer personal injures in NYC. Contact the law offices of Ed Lemmo Law for further information if you have been a passenger in an UBER , whose driver is responsible for causing or contributing to an accident.