According to the U.S. Census Bureau, an estimated 19,453,561 people resided in New York State as of 2019. This means, for the most part, the roads are typically packed with vehicles, buses, pedestrians, and bicyclists. As a result of more traffic congestion, there is a greater risk of motor vehicle accidents.
For convenience’s sake, many people, including tourists, opt to take a ridesharing company such as Uber or Lyft to get around New York. If you or a loved one was hurt while riding in an Uber or Lyft or in an accident with a rideshare driver in Oakdale, NY, and you believe it is the driver’s fault, you may have legal recourse for compensation for medical bills, lost wages, and more.
An Oakdale ridesharing accident lawyer at Gacovino, Lake & Associates, P.C. can investigate the details of your case, determine liability, and seek damages from the at-fault party. Call (631) 600-0000 to speak with a team member about your case today.
New York Is a No-Fault Auto Insurance State
New York is one of several “no-fault” auto insurance states. This means regardless of which party caused the accident, your own car insurance coverage kicks in and pays for any medical care and any other out-of-pocket damages you incurred up to the policy limits. Unfortunately, with a no-fault claim, you cannot seek non-economic damages for pain and suffering unless your injuries are considered severe under New York State law. A serious injury under the law may include the following:
- A bone fracture
- Severe disfigurement
- The permanent inability to use a part of the body or organ
- Full disability for three months
If your injuries are on this list, you may be able to file a claim against a third-party or a personal injury lawsuit to hold the responsible driver accountable. If you are seeking compensation for mounting medical bills, lost income, and pain and suffering due to your accident with a rideshare driver, call Gacovino, Lake and Associates, P.C. today to find out if your case qualifies.
Insurance Coverage for Uber and Lyft Passengers
Rideshare services such as Uber and Lyft have their own insurance policy coverage for drivers, whom they consider independent contractors instead of employees. This is an important distinction for the companies because they want to avoid being held accountable for any injury or damage caused when a driver is working. The amount of coverage depends on what the rideshare driver is doing at the time the accident occurs.
Both rideshare companies have similar insurance coverage that breaks down the following way:
- The app is off: The driver’s personal insurance covers.
- The app is on (waiting for a ride request): Lyft and Uber provide third-party liability insurance. This includes $100,000 per accident for bodily injury, $50,000 per person for bodily injury, and $25,000 per accident for property damage.
- The app is on (picking up passengers or during trips): Lyft and Uber’s policies should cover up to $1 million for your claim.
Keep in mind, more than one party may be responsible for the accident that caused your damages. These cases may seem clear cut but can be complex. An Oakdale ridesharing accident lawyer with Gacovino, Lake and Associates, P.C. can help identify the liable parties and determine a value for your claim or personal injury lawsuit. Call our team today at (631) 600-0000 to discuss the details of your case.
What an Attorney Can Do for You
When you are in a ridesharing accident that is not your fault, the result can be devastating. You may be suffering from severe injuries that require hospitalization, multiple surgeries, and extensive rehabilitation and recovery. You may miss days or weeks of work due to your injuries, or you may be permanently unable to perform the work duties you did before the accident.
You are most likely worried about how you are going to support your family during this difficult time. Taking on your legal case on top of everything else can be a daunting task. This is why hiring a lawyer to represent you can take some of the stress and burden off your shoulders. An attorney can:
- Investigate the details of your case
- Gather evidence to support your case (e.g., pictures, surveillance video, the police report, eyewitness testimony)
- Calculate a value encompassing all of your damages (economic and non-economic)
- Negotiate with the insurance companies
- Take your case to trial, if necessary
- Keep you up to date on the progress of your case
If you lost a loved one as a result of a rideshare accident, you may be eligible to file a wrongful death lawsuit. You could be entitled to compensation for past medical expenses, funeral and burial costs, and loss of consortium. Your Oakdale ridesharing accident lawyer will be able to tell you if your case qualifies.
Statute of Limitations in New York
According to New York’s Civil Practice Law and Rules (CVP) §214, you have three years from the date of the accident to file a personal injury lawsuit in civil court. This may seem like a long time, but the details of the accident may fade away as time passes. Your attorney can ensure all pertinent paperwork is filed with the court before the deadline, so your case is not thrown out, and you do not lose your chance to seek compensation.
Call Gacovino, Lake and Associates, P.C. for Help Today
We understand this is a difficult time for you and your family. Our attorneys work on a contingency-fee-basis. That means you do not pay anything upfront or out of pocket unless we secure a settlement on your behalf. You have nothing to lose. Call our team today at (631) 600-0000 for a free review of your case.