When rideshare drivers are involved in crashes, it is often unclear who to sue. Some drivers carry only minimal insurance, while others are insured by their employer’s policies—but how does this work in practice? If you have been injured by a ridesharing driver, consulting a rideshare accident injury attorney can provide clarity and guidance on the best course of action.
In Most Crashes, the Rideshare Driver Is At Fault
As with any car accident, determining who is at fault for your crash will be crucial for recovering fair damages. If the driver is at fault, their personal auto insurance and their commercial policy should cover your medical expenses and property damage. The details of the policy—whether they were en route, were carrying passengers, or were not logged into the app—will influence how much coverage you can recover. In situations like these, a rideshare accident injury attorney can navigate the complex insurance landscape to ensure you receive the compensation you deserve.
However, if the at-fault driver is not insured or underinsured, we can explore the ridesharing company’s liability insurance. Typically, this would require us to go through the individual driver’s private auto insurance—but we can also pursue their employer’s umbrella policy, which is intended to provide additional coverage in situations where an uninsured or underinsured motorist is at fault. Engaging a rideshare accident injury attorney is crucial in these complex cases to uncover all potential sources of compensation. A rideshare accident injury attorney will be dedicated to ensuring that you are fairly compensated for your losses, never settling for less than you deserve.
After a collision, you should first prioritize your health. Seek immediate medical attention and keep records of any treatment you receive. It is also important to document what happened at the scene. If possible, take pictures of the accident and vehicles involved, and talk to witnesses—but remember that anything you say can be used against you later on. Do not speak to an insurance adjuster or representative for the ridesharing companies unless you have a rideshare accident injury attorney by your side. This precaution is essential to protect your rights and interests throughout the claims process.
While Transportation Network Companies are a convenient and popular form of transportation for thousands of residents throughout the state, they can pose additional challenges if you’re injured in an accident with one of these vehicles. New York’s complex insurance laws can complicate the recovery process, and you need a rideshare accident injury attorney with the skills and resources to handle these unique claims.
In a typical car accident, the first step in recovering damages is filing a claim with your own no-fault personal injury protection insurance. However, since ridesharing company drivers are not employees but independent contractors, these services maintain special policies that vary based on what status they’re in when the accident occurs. In general, when a driver is logged into the app and fulfilling requests, their ridesharing app’s policy covers them. When they’re en route to pick up passengers, their vehicle should carry $1 million worth of liability coverage. Finally, if they’re parked and not logged in to the service, then their personal vehicle insurance applies. This is where the assistance of a rideshare accident injury attorney becomes crucial in navigating the legal intricacies.
It’s crucial to seek medical attention after any accident, even if you don’t believe your injuries are severe. Not only can this help you treat your symptoms, but it will also provide critical evidence for your case. Medical records will be used to calculate your total damages, which can include past and future medical expenses, lost income, property damage, and pain and suffering. If your injuries have caused permanent or disfiguring changes, you may be entitled to a significant sum in compensation for loss of enjoyment of life and loss of consortium. A rideshare accident injury attorney can help ensure that all your medical expenses and damages are accurately reflected in your claim.
A police officer will visit the scene of your accident to create an official accident report. It’s important to obtain a copy of this report, as it will contain crucial information regarding what happened and who was responsible. This information can be used in your case to prove that the driver was negligent, which could lead to a financial award for you. Having a rideshare accident injury attorney by your side can help leverage this report to strengthen your case against the insurance companies.
Once the police report is complete, you can begin filing your accident claim with their insurance company. But be prepared for these insurance providers to try and settle your claim quickly and for less than you’re entitled to receive. You need an aggressive attorney who can stand up to these insurers and protect your legal rights. A seasoned rideshare accident injury attorney will be invaluable in negotiating with insurance companies to ensure you receive the compensation you deserve.
An attorney can help you determine whether you have a valid claim, file your claim or claims, gather important evidence, investigate the incident, prove fault, and negotiate for the maximum amount of compensation you are legally entitled to receive. With the support of a rideshare accident injury attorney, you can navigate the aftermath of an accident with confidence, knowing your rights are protected and your case is in capable hands.
With rideshare services becoming more popular than ever in the state of New York, it’s essential to know what to do when you get into a crash with a rideshare driver. The good news is that there are steps you can take that will improve your chances of a successful outcome for your claim. Consulting with a rideshare accident injury attorney as soon as possible can be a critical step in ensuring your rights are protected throughout the legal process.
First, seek medical attention as soon as possible. This is important even if you don’t think your injuries are severe. Not only can getting prompt treatment help you recover faster, but it also helps your attorney build a strong case for your claim by establishing a clear link between your injuries and the accident. A rideshare accident injury attorney will emphasize the importance of this step in strengthening your case.
It’s also a good idea to collect as much information as you can from all parties involved in the crash. This includes the driver, passenger, and any eyewitnesses who may have seen what happened. You’ll also want to get the driver’s name, insurance information, and the name of the rideshare company they work for. In addition, taking pictures of the scene of the accident can help you build your case. Documenting everything meticulously can provide your rideshare accident injury attorney with the necessary evidence to advocate on your behalf effectively.
If the crash was caused by a third-party motorist, you can also pursue their personal insurance policy under no-fault laws to cover your losses. This would include Personal Injury Protection (PIP) coverage, which typically limits your right to sue in most cases. However, if the at-fault motorist has only minimal car insurance coverage and no assets, this is unlikely to provide the compensation you need. A rideshare accident injury attorney can help navigate these complex legal waters to seek the best possible outcome for your situation.
You should be wary of accepting any settlement offers from the at-fault driver’s insurance company. These are often designed to pay out as little as possible in order to avoid paying you full and fair compensation for your losses. You should never accept any settlement without the advice of a rideshare accident injury attorney who can evaluate your case and help you understand what it is worth. Their assistance can be invaluable in ensuring that you are not short-changed during the settlement process.
Depending on the extent of your injuries, you might require long-term medical care and rehabilitation. You might also have to miss work, resulting in lost income. If you have sustained a serious injury, working with a rideshare accident injury attorney can assist you with filing a lawsuit and recovering the maximum compensation possible to help you through this difficult time.
If you have lost a loved one in an accident caused by a negligent rideshare driver, pursuing a wrongful death claim with the support of a knowledgeable attorney can help ensure that justice is served. While no financial settlement can bring back your loved ones, it can help ease the burden of funeral costs and other expenses.
If you have been injured in a rideshare crash in New York, experienced legal representation can guide you through the process of seeking compensation from the ridesharing company’s driver and their insurance provider. They will help you determine liability and negotiate a fair settlement that covers your current and future medical expenses, pain and suffering, lost wages, and property damage.
Kucher Law Group Injury Attorney
463 Pulaski St #1c, Brooklyn, NY 11221, United States
(929) 563-6780