Brooklyn Uber Accident Lawyers
Trusted Uber Accident Lawyers In Brooklyn
When using a rideshare service like Uber in Brooklyn, you’ll enjoy the affordability and convenience that come along with it. But if an unfortunate car accident should occur while utilizing their services, then victims may be unsure of how to pursue recovery for medical bills or lost wages. It’s vital to evaluate your legal options carefully so as to determine which insurance carrier is responsible – whether this be that of the driver or Uber itself – giving yourself a better chance at recouping what you’re rightfully owed.
If your rideshare accident was a result of negligence, you can file a personal injury claim for the losses you sustained. A Brooklyn Uber accident lawyer at Rosenberg & Rodriguez will help you understand your options and strategize to get you the full compensation you deserve. Contact our office today for a free consultation and learn more about how we can help you recover what you’re owed.
The Rise Of Uber In New York
Wherever you are in the state of New York, you’re never too far away from an Uber – whether it’s a street corner or a residential area. In fact, there are around 80,000 drivers solely servicing NYC. Furthermore, that same convenience and reliable service can be found in Buffalo, Rochester, Albany, and Syracuse. No matter where life takes you in the Empire State – don’t worry about transportation! Have your handy Uber at your beck-and-call.
Did you know that more people use Uber to get to and from Queens Center Mall than any other location in New York? It’s true: the Elmhurst emporium, with its 198 stores, is the state’s number one spot for Ubers. Other popular destinations within city limits include The Metropolitan Museum of Art and Kings Plaza in Brooklyn as well. At Rosenberg & Rodriguez, our dedicated Brooklyn Uber accident lawyers have committed advocates for those who have been injured in an accident involving a ridesharing service. We have helped countless clients whose accidents involved various types of Uber accidents including:
- Uber X
- Uber XL
- Other ridesharing services, including Lyft
Determining Fault In Uber Accident Cases
When it comes to crashes involving Uber drivers, the complexities tend to be quite extensive in comparison with regular car or truck accidents. This is due to the fact that these drivers are not official employees of the company, but instead independent contractors – thus making it difficult to pinpoint who should cover any damages incurred. So as for how you decide upon which party must pay out recompense? Your Brooklyn Uber accident lawyer will have to assess what status your rideshare app was at during crash time.
When Uber Liable For An Accident
In the event of a car accident caused by an Uber driver, there are two distinct insurance policies to consider. The first is a contingent policy that activates after the driver’s personal plan has settled any claims. This coverage applies when the Uber app is running but no new ride request has been accepted yet.
Uber’s second policy is much more expansive, coming into effect when the driver has either started a ride with a paying customer or accepted an invitation to pick someone up.
When The Uber Driver Is Liable For An Accident
When the Uber app is off, your driver’s on-duty status ceases to exist. As a result, any accident you experience will be treated as if it occurred during their personal time—meaning that they must bear responsibility and provide coverage through their own insurance policy.
If the driver is not insured, your attorney can assist you in submitting an uninsured driver claim with your insurance provider and guarantee that you gain maximum value from your coverage.
Common Causes Of Uber Accidents In Brooklyn
Just as with other motor vehicle accidents, Uber incidents frequently involve driver negligence. When a driver is careless or drives recklessly, the results can be devastating and life-altering for all those involved.
Unfortunately, Uber drivers may be more prone to distracted driving due to their focus on locating passengers and staying connected with the app. Sadly, this lack of attention leads to serious and sometimes even fatal accidents. In fact, since 2011 there has been a 3% increase in traffic deaths because of such ridesharing services. The most common causes for these distressing incidents include texting while driving or disregarding roadside hazards like bicyclists or pedestrians.
- Distracted driving
- Reckless driving
- Drunk driving
- Fatigued driving
- Aggressive driving
Rubbernecking is a major cause of Uber car accidents, which happens when an Uber driver drives around aimlessly to look for passengers. On average, in cities such as New York City, drivers are traveling 2.8 miles between paying customers. During these trips searching for fares they often miss recognizing motorcyclists and pedestrians on the road due to their careless recklessness.
Factors Affecting Uber Accident Claims In Brooklyn
Navigating the waters of receiving compensation for an Uber accident in Brooklyn is perplexing, due to something fundamental: none of their drivers are technically employees. Meaning, when not signed onto the company’s network and app screen off, Uber no longer holds responsibility for what transpires during that time frame. In essence, this creates a challenge in recovering damages from them.
Although legal representatives have urged Uber to acknowledge its drivers as employees for years, the company has not done so yet. If you were involved in a Uber accident and are considering filing an injury claim, it is important that you understand how their operation works first:
Driver Not In Driving Mode
Should an Uber driver not have their app switched on, they are considered to be out of service and therefore assume full accountability for any wrongdoings.
If you are wanting to become a driver for Uber, having your own auto insurance policy is an absolute must. The levels of coverage have to meet or exceed whatever the state’s requirements might be; for example, in New York, Lyft drivers will need at minimum these forms of liability protection:
- $10,000 for property damage
- $25,000 for bodily injury for one person/$50,000 for two or more people
- $50,000 for the death of one person/$100,000 for the death of two or more people
Driver Waiting For A Ride Request
Even if you’re in driving mode but have yet to pick up a passenger, Uber may be obligated to cover damages from the accident. However, determining liability can become complicated quickly – that’s why it is important to seek assistance from an experienced Brooklyn Uber accident attorney who will review your unique case and advise on how best to pursue a claim against Uber.
Driver In Driving Mode
In the event of an accident, Uber’s $1 million umbrella insurance policy is in full effect when its driver is actively driving. Everyone involved who has been injured will be covered by this plan and even damages inflicted by uninsured motorists can receive compensation. Receive the most extensive coverage available to obtain maximum retribution after a traumatic incident with Uber’s protection.
Frequently Asked Questions
What Is Uber’s Auto Insurance Coverage?
Uber has been controversial for their stance that drivers are independent contractors, not employees. However, many people think this business model will eventually change. It’s essential to understand the difference between being an employee and a contractor as it can affect legal rights significantly, such as eligibility for unemployment insurance or the responsibility of employers in case of mistakes made by employees/contractors. For instance, businesses tend to be more liable when errors occur with their own staff than those hired on a contract basis.
If an Uber ride-share driver is found to be the cause of a crash, you may be eligible for coverage from their insurance policy. A Brooklyn Uber accident attorney can advise you on how to seek compensation for your injuries and damages caused as a result of such an incident. Should you encounter an auto collision with an Uber vehicle in New York, here are some details about what types of coverages will apply:
- If the Uber driver is on a ride with a passenger, or on the way to pick up a passenger, the company provides its drivers with $1 Million in liability coverage. This is usually through Allstate Insurance in Illinois. They also provide $1 million in uninsured and underinsured coverage for Uber drivers and passengers.
- However, if the Uber driver is available or waiting for a ride request, the company only provides liability insurance of $50,000 per person and $100,000 per occurrence.
- Finally, if the app is off, the Uber driver’s personal auto insurance would cover the loss. Here, unfortunately, you will often find a lot of their drivers have minimum or substandard auto insurance coverage.
How Long Do I Have To File My Uber Accident Claim?
In New York, accident victims are given a limited window to pursue legal action—only three years from the day of the accident. This is known as the state’s statute of limitations and it applies to Uber accidents too. If you don’t file your claim within this time period, you will lose your right to recover compensation entirely.
Even though three years may look like an extended period, post-accident rehabilitation and determination of liability can pass by quickly. That is why you must have a law firm on your side to search into the details of your accident and compile evidence that could construct a strong case in court. Don’t delay – it’s essential to be proactive!
Can I Sue Uber If I Was In An Accident With One Of Its New York Drivers?
Uber asserts that its drivers are not workers but rather licensees, even though Uber offers an insurance policy of their own. In the event of a wreck resulting in injuries, someone injured isn’t allowed to take legal action against either the Uber driver or company directly; instead, they must submit a claim with their individual car insurance’s Personal Injury Protection (PIP) plan – barring serious accidents.
What Are The Different Liability Coverages For A Brooklyn Uber Accident?
Uber offers various levels of liability insurance coverage that depend on when the Uber accident occurred, which can be divided into three categories:
- Period 0: When an Uber driver is not logged onto the app, they receive no liability coverage from Uber should any accident occur. In other words, this period of inactivity can be perilous for all involved parties if a mishap were to arise.
- Period 1: As long as the Uber driver has their app activated and logged in, but hasn’t accepted any riders yet, they’ll have liability coverage for any incident that is deemed to be their fault. This can include up to $50,000 of compensation for each person injured during an accident, a maximum of $100k combined injury liabilities per event, and additionally up to $25k property damage liability if needed.
- Period 2: As soon as an Uber driver has accepted a ride request, their liability coverage increases to $1 million for the duration of the trip. This ensures ultimate security and peace of mind from pick up until drop off.
- Period 3: When you have a passenger in your car during the third period, Uber extends coverage of up to $1 million for any liability issues. This level of protection also encompasses uninsured motorists and limited coverage for damage to your vehicle. As soon as the passenger exits or is dropped off at their destination, this insurance ceases.
Contact Our Brooklyn Uber Accident Lawyers Today
Knowing when you’re entitled to compensation, as well as the legal procedures for obtaining it is essential. Moreover, drivers and passengers must be aware of policy limitations and valid liability insurance organizations so that they can get their due after an Uber accident in Brooklyn. If you’ve been injured by an Uber driver in Brooklyn, New York, we can help.
At Rosenberg & Rodriguez, our expertise in Uber accident claims allows us to fight for optimal settlements on behalf of our clients. If you or someone close to you has encountered an injury due to a rideshare crash, allow one of our knowledgeable Brooklyn Uber accident lawyers to assist you through your case and recover the compensation that is rightly yours. Taking action now is imperative; contact us today at no cost for a consultation and discover how we can provide assistance.