Brooklyn Car Accident Lawyers | Liability for Rideshare Accidents

Liability for Rideshare Accidents in Brooklyn

Posted on: May 26, 2020

Drivers providing transportation through rideshare companies, like Uber and Lyft, are everywhere. App-arranged rides are used throughout the country. In New York, drivers-for-hire are especially ubiquitous.

With so many vehicles on the roads in New York City and the surrounding areas, it is inevitable that rideshare drivers will occasionally be involved in car accidents. When injuries result from these incidents, those who have suffered harm may wonder where to turn to recover personal injury damages from the accident.

Who is Liable?

Assigning liability in rideshare accidents can be more complicated than it is in a typical car accident. Even if the rideshare driver is clearly at fault, the company may be found liable for providing compensation, especially if there was some fault found with how the driver was screened during the company’s onboarding process. The theory of comparative liability, which is applied in New York, complicates the amount an injured party can collect if both drivers share some portion of responsibility for the accident.

Do Rideshare Companies Have Insurance?

The process for collecting personal injury damages is further complicated by the involvement of insurance companies and policies that covers drivers while they are performing specific job-related tasks. Different types of insurance through the company depends on several factors.

If the driver is awaiting a ride assignment while logged on to the rideshare app, he or she is covered by the company’s liability policy, which has a limit of $50,000 per person, and a limit of $100,000 per accident.

If the driver is on the way to pick up a passenger or is transporting a passenger when an accident occurs, any resulting injuries are covered under the company’s $1 million commercial insurance policy. This policy covers liability and covers an uninsured or underinsured motorist. Additionally, collision claims for drivers, passengers, or bystanders who are harmed in an accident are covered.

If the driver was not logged on to the app at the time of the accident, personal injury claims would go through an insurance policy held by the driver, not the company.

No-Fault Laws in New York

New York is a no-fault state when it comes to insurance coverage for car accidents. Personal injury claims are different than no-fault claims.

No-fault laws were enacted to give injured parties recourse to go to their own insurance providers to collect benefits up to $50,000 to cover injuries and property damage without prolonged battles over who was responsible for the accident.

Personal injury claims are initiated to cover damages beyond the no-fault limit. Unlike no-fault claims, personal injury claims may include damages for non-economic considerations, like pain and suffering. If you were injured in a car accident or rideshare accident, it is important to contact an experienced lawyer about your legal options.

Brooklyn Car Accident Lawyers at Eaton & Torrenzano Advocate for Those Hurt in Rideshare Accidents

If you were injured in a rideshare accident, you should contact one of our Brooklyn car accident lawyers at Eaton & Torrenzano. We have experience with the complicated insurance situations that govern rideshare injury claims and compensation payouts. Contact us online or call us at 718-332-7766 for a free consultation. Located in Brooklyn, Staten Island, and Hillsborough, New Jersey, we represent clients throughout Kings County and Richmond County, including Brooklyn, Queens, Staten Island, the Bronx, and Manhattan.

Contact the Brooklyn and Staten Island NY Personal Injury Law Firm today with your questions, comments or concerns.

Eaton & Torrenzano has locations in Brooklyn and Staten Island, NY and Hillsborough, NJ. We serve clients throughout Kings County and Richmond County including Brooklyn, Queens, Staten Island, Bronx, Manhattan, and New Jersey.
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The attorneys and staff at Eaton & Torrenzano