Uber, Lyft and other ridesharing services are required by New York law to carry liability insurance in the event that an Uber driver gets into an accident that causes injuries to a passenger, other driver or pedestrian. If you’ve been in a car accident involving an Uber, it’s important to understand your rights and how to file an Uber accident report in New York.
Liability and Settlements for an Uber Accident
Under New York Article 44B of its Vehicle and Traffic (VAT) Law, Uber, Lyft and other ridesharing services are required to essure certain safety protocols, like conducting criminal background checks on drivers, and stipulate insurance requirements.
Insurance limits depend on whether or not the Uber driver was enroute to pick up or was currently transporting a passenger. Drivers who are carrying a passenger in their vehicles are required to carry $1.25 million in liability coverage, to compensate for bodily injury and property damage. This insurance coverage may be available to victims even if the Uber driver did not cause the accident and if the other driver was uninsured. These insurance requirements that apply when the driver is carrying a passenger replace the typical no-fault insurance laws that otherwise apply in New York.
If the Uber driver has the app turned on and was awaiting a ride request, lower insurance limits apply. If the Uber driving was not working at all, his or her own personal insurance would be liable, if applicable in the accident. In this case, the typical New York no-fault insurance laws would apply.
What to Do After an Uber Accident
Seek Medical Attention
Even if your injuries seem minor, it’s always a good idea to seek medical attention after a car accident. Some injuries from a car accident, particularly back and spine injuries like whiplash, can be slow to present with symptoms. Medical records will serve as evidence of your injuries in your claim, so it's important to establish quickly that your injuries were caused by the accident. The longer you wait to seek medical care, the more likely it will be that the cause of your injuries will be questioned.
Collect information related to your Uber ride or the Uber driver, such as name, insurance information and contact details. If you were a passenger in the Uber, take a screenshot of the app and the ride, if possible. If there were other passengers, other drivers or witnesses, try to get their contact information as well.
If you were not a passenger in an Uber but rather were hit by an Uber driver, it’s especially important to capture the contact information of the passenger in the Uber. Liability in an Uber accident can depend on if the driver had a passenger, was en route to pick up a passenger or was just idling waiting for a ride. The more evidence you have that shows the Uber driver was working at the time of the accident, the better your ability to maximize your claim.
Take pictures at the scene of the accident. Capture any roadway conditions or hazards that may be present, take a picture of any signage on the car that shows its an Uber and snap photos of your injuries.
If your car was damaged, photograph all damage to your car, including exterior damage and interior damage like inflated airbags. Try to take photos from multiple angles and close-up shots. Do the same with any other vehicles involved in the crash.
Filing an Uber Accident Report
Filing an Uber accident report can be done by filling out a form on their website. First, make sure to gather as much information and evidence as you have. Navigate to the Help section, then Riders, and then click on Trip Issues and Refunds. From there, you can choose “I had a safety issue” and then “I was involved in an accident.” You’ll then be able to fill out a form with information regarding the accident.
If you’ve been injured, it’s in your best interest to contact a New York Uber accident lawyer before filing a claim with Uber. An attorney will help you understand your options and what compensation you may be entitled to, based on the circumstances of the accident.
Once you file a claim with Uber, their insurance representatives or legal team may contact you to ask for a recorded statement or pressure you into a quick, lowball settlement. If you have an attorney, they will be able to represent you and your best interests and handle all negotiations with Uber. Ridesharing accident lawyers understand how to build a case and present evidence to illustrate your injuries and the impact they’ve had on your quality of life.
Talk to an Uber Accident Lawyer in New York
At Brandon J. Broderick, Attorney at Law, we believe in exceptional client care, empathy, and results. That’s what makes us one of New York’s most highly rated Uber accident attorneys. We have decades of experience championing for our clients and succeeding, even when other attorneys say there is no case and insurance adjusters deny or devalue your claim. With our long track record of success, you can count on us to work tirelessly for your quality of life.
Don't go it alone. We can turn your setback into a comeback. Contact us today for a free consultation.