An accident in a New York City taxi is one thing, and you can file a claim for compensation against the cab company, which his regulated and the driver licensed. But although rideshare drivers are also licensed in NYC, it’s not the same as taking a taxi.

We’ve previously discussed what to do if you are in a rideshare accident before. Here, we’ll discuss the claim part of the accident, and what it could mean if you find yourself in one.

What’s The Difference?

Uber rides are usually less expensive than a taxi ride, which is the main draw to using Uber. There’s no cash to change hands, and everything is done through the phone app. But if you’re in an accident, things become complicated.

The biggest question to answer after an accident is who is responsible to pay damages. When you take an Uber ride, your driver is an independent contractor, not a company employee. Although Uber drivers have Taxi & License Commission (TLC) license before driving, a driver isn’t screened the same way taxi drivers are. Uber and Lyft have less regulatory oversight than a taxi company, too.

New York’s “No Fault” Car Insurance Rules

If you drive or own a vehicle in the state of New York, you must carry $50,000 personal injury protection (“PIP”) insurance to cover your own medical claims in the event of an accident, regardless of fault. Only in the case of a serious accident can you sue an at-fault party, and you must be able to prove fault.

Rideshare drivers are also required to have their own ridesharing policy that’s separate from and additional to their personal car insurance. The drivers pay for this insurance themselves, which covers them while they are driving for the rideshare company.

After a rideshare accident, after recovery from injuries, is determining who would be responsible for paying for the accident. The driver? The company? The passenger? Or the other driver who caused the accident, like this crash last summer in NYC?  

Will I Need An Attorney For The Claim?

More than likely, yes. Just because the driver has insurance doesn’t mean you’ll have an easy time of it. Both Uber and Lyft are well-known to leave their drivers without a lifeline after they’ve had an accident. Uber’s insurance company, James River Insurance, has a $1m policy for accidents while a driver is carrying a passenger. Like most car accident insurers, they will probably offer you a small settlement to close the case as quickly as possible.

Trying to figure out the responsible party is a long, difficult process. Was the driver “on the clock,” carrying a passenger, or were they en route to pick up their next passenger?

If you’ve been injured in an accident while ridesharing, you’ll need compensation to cover your injuries and other expenses. Insurance companies aren’t willing to fully compensate accident victims. Hiring an Uber accident attorney is the best way to recover for your injuries and other damages, and make sure you get what you need to recover.

Uber Rideshare Gone Wrong? Call Hoffmaier

If you’ve been in an Uber accident and need help, call Hoffmaier & Hoffmaier at (212) 777-9400 or contact us online. As a family-owned personal injury law firm in New York City, we have more than 26 years of experience helping car or other accident victims. Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court.