I Was Hit by an Uber in New York*

In recent years, rideshare popularity has increased. Rideshare is a form of transportation that is competition with car services and taxis. With the increased number of ride sharing vehicles on the roads, the number of vehicles involved in accidents has also increased.

If you were hit by a ride sharing vehcile, you might be able to recoup compensation for your damages by pursuing a personal injury claim against the driver as you would any other liable party in an auto accident. You will need to maintain all your records and evidence to support your personal injury claim.

How Does Ride Sharing Operate?

A rideshare companyIt doesn’t operate, own or control its vehicles. As a matter of fact, it doesn’t even hire the drivers. Instead, regular people just contract with the company to serve as drivers and use their personal vehicles for hire.

As competitors to taxis and other vehicle services, ride shares have its own pricing structure for ride services. Passengers get rides by using a phone app. When drivers are available for fares, they have their app open. They are then notified of when and where to pick up their passenger.

Who is Liable for Damages?

Any motor vehicle accident requires that two things be proved for a personal injury claim to be successful. To prove that the other party is liability, you will need to show they are at fault for the accident. You will also have to show that you suffered damages and were injured.

If you have been hit, you will have to prove negligence on the other party’s behalf to have a claim that is successful.While the accident injury claim proceeds just like any other personal injury claim, it might be challenging to determine if the insurance carrier for the driver or for the ride sharing company is liable for your losses.

Some states use comparative negligence, which allows you to recover damages regardless of what percentage you are at fault for the accident.

Determining Whose Insurance is Liable for Damages

To contract with a ride sharing service as a driver, an individual must have his or her auto insurance coverage. The liability coverage must meet or exceed the state minimum requirements. If the vehicle is being used to transport passengers, the driver’s personal policy most likely will not provide coverage.

Usually, any personal auto coverage will not cover damages when the vehicle is being used for hire. Most ride sharing companies keep commercial auto insurance coverage for its drivers, and that insurance is used when the driver is available to transport a paying client or is in the process of transporting a client.

If the driver is not logged into the app, then their insurance coverage is not available. If the driver is available for a passenger but not transporting, the coverage provides up to $50,000 per person injured in an accident or up to $100,000 total for injuries or loss of life in a single accident.

It offers up to $25,000 property damage liability. If the vehicle is transporting a passenger, then the company has a $1 million policy in effect.

Consult with A Personal Injury Attorney

If you have been hit, there is a three-year statute of limitations to pursue a personal injury claim. Complete the Free Case Evaluation Form on this page to get your details shared with an accident injury attorney and get your claim on track.

Additional Resources

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Uber, or another party, you may not be entitled to any compensation.