New York Uber Accident Attorney
If you have suffered an injury in an Uber accident, our experienced New York Uber accident lawyers are here to help you. Contact us today.
In 2009, Uber took the world by storm. The ridesharing giant offered urban residents and tourists an inexpensive, fast, and reliable way to get around town. By 2011, Uber conquered New York City and started service throughout Manhattan and the five boroughs.
While the city’s cab companies initially resisted the competition, by 2015, it was Uber’s most profitable market. Yet, the growth of ridesharing services like Uber has not come without difficulty.
The increase in Uber vehicles on the road has resulted in serious and fatal accidents to pedestrians, bicyclists, and other drivers.
If you suffer an injury in an Uber accident in New York, do you know where to turn for help? Who pays your medical expenses? Is Uber responsible? Contact the New York Uber Accident Attorneys at Jacoby & Meyers, LLP today for a free consultation.
The attorneys at Jacoby & Meyers, LLP understand the difficult situation faced by people involved in Uber accidents. After a serious accident, many legal issues can arise. The Uber accident attorneys at Jacoby & Meyers, LLP will clearly explain every option to you and will work tirelessly to represent your case so that you can receive the highest compensation possible.
Successful New York Uber Accident Lawyers
At Jacoby & Meyers, LLP, our track record of success speaks for itself. We have helped injured New Yorkers collect millions after a serious accident. We know that sometimes employees, even independent contractors, get into accidents. When this occurs, we can hold the employer responsible. We helped one client obtain a $1.272 million settlement after a drunk driver hit him on Webster Ave in the Bronx. At the time of the crash, the driver drove his company vehicle. Even though the employer’s liability policy did not include crashes, we fought aggressively for our client and won.
While past success does not guarantee future results, you can rest assured knowing you have a tenacious injury lawyer on your side from the start. We bring this fierce sense of legal justice to all our injury cases – and it shows.
The New York Uber accident lawyers at Jacoby & Meyers, LLP understand the complexities surrounding Uber accidents. Depending on the circumstances surrounding your accident, you may file a claim with Uber. Without legal representation, however, you may not get the money you need to move forward after your accident and put your life back together. That is why we work tirelessly for our injured clients. We can investigate the details surrounding your accident and help you obtain the compensation you deserve.
Companies that are in the business of transporting passengers, like Uber, have a duty to exercise the greatest degree of care in transporting their passengers. This means they must take precautionary measures to protect the safety of their passengers to the greatest reasonable degree. They must maintain their vehicles in realistically safe condition, and ensure that the drivers have the proper skill and training to operate the vehicles. Unfortunately, in many instances Uber cars are in accidents due to negligence. Many times the victims of such accidents are told that the other party is not taking complete responsibility.
That’s why our Uber accident lawyers have made it our mission to protect the rights of victims of these types of accidents, and to obtain the maximum amount of recovery for each of them.
Uber in New York State
You can grab an Uber in multiple places throughout the state of New York. However, in New York City, you can find one on virtually every street corner. The ridesharing service contracts with roughly 80,000 drivers in the city alone. You can also find Uber in Buffalo, Rochester, Albany, Syracuse and throughout Upstate New York.
Where can Uber take you? Residents in Upstate New York use Uber to take trips to the mall, supermarkets, colleges, and even casinos. In particular, taking Uber to the supermarket and Walmart is a growing trend. Last year, residents made more than 100,000 trips to supermarkets across the major Upstate New York cities.
Where in New York do most people use Uber? Surprisingly, more people used Uber to head to and from the Queens Center Mall than any other location. The Elmhurst emporium is home to more than 198 stores and is the most popular destination in the state for Uber. Within city limits, the other most Ubered-to-destination included the Metropolitan Museum of Art and Kings Plaza in Brooklyn.
At Jacoby & Meyers, LLP, our New York Uber accident attorneys are tenacious advocates for injured accident survivors. We have helped New Yorkers involved in ridesharing accidents including:
- Uber X
- Uber XL
- Other ridesharing services, including Lyft
Uber Accident Liability Is Complex
When you are involved in an accident with a ridesharing vehicle, getting compensation for your injuries is a different process than a motor vehicle accident involving individuals. Uber in particular is a good example.
If you suffered an injury in an Uber accident, you have a right to seek compensation for your injuries. After all, these injuries were entirely preventable. However, collecting compensation is not always easy. That is because Uber accident liability is complex.
After suffering an injury in an Uber accident, liability is not always clear. Since Uber classifies its drivers as independent contractors, Uber does not always accept liability when their drivers make mistakes. As such, injured accident survivors may not know where to file a claim after an accident. Who is liable for the accident—Uber or the driver?
Uber claims that its drivers are not Uber employees, but independent contractors, and may be quick to deny injury claims because of this, even when they are at fault.
To make matters even more complicated, the courts disagree about whether rideshare drivers are independent contractors or actual employees. As such, our firm is constantly monitoring these laws and cases as they occur. This gives us a significant advantage when litigating Uber injury cases in court. It also allows us to achieve maximum compensation for our injured clients.
For now, who accepts responsibility for the accident and your injuries depends largely on whether the driver was actively engaged as an Uber driver at the time of the accident.
Further, Uber uses software applications that can take a driver’s attention off the road. Because of this, accidents may easily be the fault of the rideshare drivers. Nearly anyone can become an Uber driver, as long as they have personal auto insurance, a license, and meet a few other requirements. Many of these drivers do not have any training or experience with transporting clients, making it dangerous for them to be on the road with passengers all day long. With the increased chance for accidents, it is crucial that these companies take extra precautions to insure their drivers.
Our lawyers will investigate the details surrounding your accident to determine if the Uber driver was distracted or in driving mode at the time of the crash.
New York’s No Fault Insurance Laws
New York is a no-fault state. By law, if you suffer an injury in an accident in New York, you must turn to your own personal injury protection policy to pay medical expenses and related damages before you can file a claim against the driver’s insurance policy.
No-fault laws attempt to expedite the process of collecting money after a car accident by preventing accident survivors from having to dispute fault. However, it is rarely that easy. Accident survivors often face an uphill battle even in no-fault states, and frequently must hire us to help collect from their own no-fault policies. Don’t hesitate to call us if your PIP insurance is delaying, denying, or reducing the benefits you paid for.
If you don’t have a car and don’t carry PIP but suffered injuries while walking or riding a bike due to another driver’s negligence, call to see if we can help you file a claim against the at-fault driver’s insurance company.
Driver Not in Driving Mode
If an Uber driver does not have their app on, they are not in driving mode. In this situation, the driver is solely responsible for their own actions.
To drive for Uber, all drivers must purchase their own auto insurance policies. These policies must meet at least the state minimums. In New York, all drivers must have a minimum amount of liability coverage.
- $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
If you suffered serious injury and reached the no-fault threshold, you may file a personal injury lawsuit to seek further damages. A lawyer at Jacoby & Meyers, LLP can help you through the legal process after an Uber accident.
Driver Waiting for a Ride Request
If a driver is in driving mode but has not picked up a passenger yet, Uber may cover the damages from the accident. In this situation, Uber or the driver may argue about liability. A New York Uber lawyer at Jacoby & Meyers, LLP may review the details surrounding your accident and help determine if you can file a claim with Uber.
If so, Uber’s policy covers:
- $25,000 in property damages
- $50,000 bodily injury for each injured person
- $100,000 for total injuries in the accident
Driver in Driving Mode
If the Uber driver is actively in driving mode at the time of the accident, Uber’s $1 million umbrella insurance policy kicks in. This covers all drivers and passengers that suffered an injury in the accident. It also covers damages if an uninsured motorist causes your accident and injuries. This is the most comprehensive coverage and enables injured accident survivors to collect maximum compensation after an accident.
What Should I Do if I Am Injured in an Uber Accident?
After suffering an injury in an Uber accident in New York, call our law firm immediately. Uber accidents are complex. That is why you must discuss your accident and your injuries with an experienced New York Uber accident lawyer at Jacoby & Meyers, LLP. We can advise you about your legal options and the next steps to take after a crash. Without a lawyer, you might not receive the compensation you need to fully recover and put your life back together again.
While you focus on your recovery, we can investigate your accident and begin negotiating with insurance companies. To do this, we may need to employ accident reconstruction teams, review the evidence, discuss your injuries with medical experts, and obtain copies of the police report.
As part of their business, Uber keeps GPS and electronic records. These records include valuable information about what their drivers did while they drove. This can help your case tremendously. Uber has a duty to save that evidence after an accident. At Jacoby & Meyers, LLP, our attorneys can send an official notice to Uber to save, preserve, and turn over this evidence for your case.
We have built injury cases to collect maximum compensation since 1972. That is why so many injured New York accident victims choose us to represent them after a ridesharing accident.
While we work to build your case, accident survivors can help obtain the compensation they deserve. You should:
- Attend all doctor’s appointments and follow-up visits
- Do not miss therapy appointments
- Fill all prescription medications
- Keep receipts of all medical expenses, including over-the-counter medications
- Keep accurate records of appointments and mileage driven
- Keep open communication with your lawyer
- Do not post on social media
- Do not speak to the insurance company without talking to our law firm
What Are the Common Causes of Uber Accidents?
Like most car accidents, driver error is responsible for a large number of Uber accidents. When an Uber driver fails to pay attention or chooses to drive recklessly, serious and catastrophic accidents occur.
Sadly, Uber drivers may drive distracted more than other drivers. While driving, many Uber drivers are also busy looking for their next passengers and interacting with their apps. As a result, they may not see pedestrians, bicyclists, or other drivers. This results in serious and sometimes fatal accidents. In fact, since 2011, the rise of ridesharing services like Uber has contributed to a 3 percent increase in traffic deaths and countless injuries.
The most common causes of Uber accidents include, but are not limited to:
- Distracted driving
- Reckless driving
- Drunk driving
- Fatigued driving
- Aggressive driving
One of the most common reasons Uber car accidents occur is a practice known as deadheading. This is when Uber drivers drive aimlessly around a city waiting for a passenger. On average, Uber drivers in New York City drive 2.8 miles between fares. When drivers are searching for passengers, they may not recognize motorcyclists, pedestrians, and bicyclists on the road.
What Are Common Injuries Caused by Uber Accidents?
At Jacoby & Meyers, LLP, our lawyers have represented countless survivors after Uber accidents, including those who suffered from:
- Traumatic brain injuries
- Spinal cord injuries
- Soft tissue injuries
- Back injuries
- Whiplash and other neck injuries
- Internal organ damage
What Compensation Can You Receive After an Uber Accident?
New York law allows Uber accident victims the ability to collect compensatory damages for their injuries. This includes both economic and non-economic damages. In some rare cases, courts may award punitive damages to accident survivors.
If you were in an Uber accident, we can help to recover your damages. So long as the victims injuries meet New York State’s threshold for filing a suit, victims of accidents can typically recover the following types of damages:
These damages compensate an accident survivor for out-of-pocket expenses related to injuries. These types of damages are easy to quantify and include:
- Medical bills
- Rehabilitation expenses
- Treatment care costs
- Long-term care
- Lost income
- Loss of future earnings
- Property damage
These types of damages are more difficult to quantify. They are subjective in nature, but real, and include:
- Pain and suffering
- Emotional distress
- Disability or physical impairment
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement
How Long Do I Have to File My Uber Accident Claim?
Accident survivors do not have long to file a claim in the state of New York. When you suffer an injury in an Uber accident, you only have three years from the date of the accident to file a claim. This is known as the New York statute of limitations. If you miss this deadline, you cannot file a future claim for compensation.
We know that three years might sound like a lot of time. However, after a crash, this time can go by quickly as you focus on your recovery. That is why you need a law firm on your side to investigate your accident and gather the evidence needed to build your case.
At Jacoby & Meyers, LLP, we can help you avoid missing critical deadlines after an accident.
We Are New York Negotiators, Litigators, and Legal Advocates
From the moment you step into our office, you will notice the difference. Our lawyers spend time personally getting to know you and your case. We know that your needs and concerns are unique. That is why we do not take a cookie-cutter approach to personal injury law—and it shows.
After an Uber accident, we collect the evidence needed to build your case, one that seeks maximum compensation. While we make every attempt to negotiate a fair settlement for you, we are not afraid to go to court. We can take your case to trial if the insurance company or Uber refuses to work with you after an accident. We are experienced trial lawyers with the resources and dedication New York accident survivors need.
New York Uber Accident FAQ
Uber accidents can leave their victims fighting devastating injuries and facing lifelong treatments.
However, if you have suffered because of an Uber accident, you are not alone. This blog post will dive into some of the frequently asked questions that usually result from a New York Uber accident. With this knowledge, we hope to give you some answers and the steps you need to take following an accident.
New York Uber Accident FAQ
Taxicab companies that operate in New York have to meet specific vehicle safety requirements set by the state. These taxicab companies must perform motor vehicle repair maintenance on the motor vehicles that they lease to their drivers.
In comparison, Uber drivers transport passengers in their own motor vehicles. And these Uber drivers are solely responsible for the repair and maintenance of their cars.
If a taxicab is involved in an accident, you can hold the company that employs this driver accountable for your injuries. However, because Uber classifies its drivers as independent contractors and not employees of the company, Uber will try to avoid responsibility for the damages.
Most New York Uber accidents fall into these three categories:
- You are are a passenger in the Uber.
- You are in your own vehicle when an Uber hits you.
- You are are a pedestrian or a cyclist who is hit by an Uber.
Uber claims its drivers are not actually employees of the company—that, instead, they are licensees. And even though Uber provides its own liability insurance coverage, those injured in an accident do not actually sue Uber or the Uber driver directly. Rather, in New York, they file a claim with their own insurance company’s PIP policy, unless the injuries were serious.
If you suffered a serious injury due to an Uber accident, you may file a claim with Uber’s insurance provider. However, certain elements need to be met to show that your injuries were, in fact, serious.
- Significant disfigurement
- Fractured bones
- Having a full disability for at least 90 days in the next 180 days
- Having a limitation of the use of a body function, organ, or system
Yes, Uber’s insurance coverage does apply to almost anyone the driver may injure, including passengers, cyclists, and pedestrians.
- Get medical help. Even if you do not believe that you were seriously injured, you still need to get examined by a medical professional. They can help ensure that you do not have any injuries that are not immediately apparent and can provide you with the medical treatment you need. They will also document your injuries in their medical report, which would be required if you decide to pursue a legal claim.
- Obtain information. Make sure you get the names of all the drivers involved in the accident, including the Uber driver. In addition, get the other drivers’ contact information, driver’s license number, license plate number, and insurance information. If any witnesses were present, also try to get their name and contact information. Their statements could provide you with valuable evidence about the accident, which might ultimately help your claim.
- Take pictures. If possible, take pictures or videos of the accident scene, including the vehicles involved in the crash, any visible injuries, any road hazards or skid marks on the road, and the weather conditions at the time of the crash. If you can, write down everything about the accident, including what happened and what was said following the accident.
- Be careful with what you say. Never make any definitive statements claiming fault or apologizing for the accident, not only to the other drivers but also to the insurance company. These statements can end up hurting your claim later on.
According to Uber policies, their liability insurance, and coverage depends on when the Uber accident occurred.
Uber breaks this coverage into the following categories:
- Period 0: This time period refers to when the Uber driver is not logged on to their Uber app. At this point, no liability insurance coverage is provided by Uber if accidents occur.
- Period 1: During this period, the Uber driver has the Uber app turned on and is logged in, but has not yet accepted a passenger. For this time frame, Uber provides liability coverage for any accident that is the Uber driver’s fault. The coverage extends up to $50,000 per injured person, $100,000 total injury liability per accident, and $25,000 property damage liability.
- Period 2: This is when an Uber driver has accepted a ride request and is on their way to pick up their passenger. During this timeframe, Uber’s liability coverage is increased to $1 million.
- Period 3: During the third period, the Uber driver has the passenger in the car, and liability extends until the drop-off or when the passenger exits the vehicle. Liability coverage for this period is up to $1 million, and also includes uninsured motorist coverage and limited coverage for damage to the driver’s motor vehicle.
If you were injured in an Uber accident, you may file a claim to recover your damages and receive compensation for your losses.
This compensation can include:
- Medical bills (past and future)
- Rehabilitative costs
- Lost wages (past and future)
- Loss of earning capacity
- Emotional pain and suffering
- Personal property damages
- Surgery and emergency medical care costs
- Household service expenses
- Loss of enjoyment of life
- Loss of consortium
Even though you may recover certain economic and non-economic damages, these factors can affect the amount of money that you receive:
- The severity of your injuries
- The medical treatment required
- The cost of your long-term medical care
- The prognosis of your specific injuries
- The projected lost wages and potential for lost earning capacity
- The possibility for any pain and suffering damages
- The evidence obtained that proves all of your damages
- Whether you were anyway at-fault for the accident
Like in any other settlement, there are quite a few factors that may affect the amount of your New York Uber accident settlement. That is why working with a skilled New York Uber accident attorney can help you.
The following elements could significantly affect your settlement amount:
- Figuring out who is at fault. No matter if you were a passenger in the Uber or another motorist who was hit by an Uber vehicle, it is your legal obligation to prove fault to hold another party liable for your injuries.
- Were your injuries serious? To have a chance at obtaining the maximum settlement amount, you would need to establish the full extent of all your damages. You cannot just expect an insurance company to believe that you were injured and pay you without any proof. You must show evidence of all the medical treatment required, and prove any long-term impact that this accident caused. In most Uber accidents, serious injuries produce higher settlements. Yet, it is important to understand these injuries can show up over time. For these reasons, it is vital to seek medical attention promptly and figure out exactly the extent of your injuries before settling your case. Speaking with an experienced New York Uber accident lawyer can help determine when you should proceed with a claim and what information and evidence you need to strengthen your case.
- What money is available? Before you can figure out your settlement amount, you need to figure out what money is actually available. In addition, you would need to go over all of your options, such as figuring out whether you would have to file a claim with your own auto insurance, or whether you could also go after Uber’s insurance. You will most likely not know how much your Uber accident settlement is worth until all of these factors have been fully explored and evaluated. However, failing to get this legal advice may result in you settling for an amount that is significantly much less than you might be entitled to.
Even though Uber provides its drivers with liability coverage in certain circumstances, that does not make It easy to secure compensation for your injuries if you are a victim in an accident. Uber accidents are often complicated, and dealing with the insurance company proceedings can be exceptionally challenging and frustrating, especially when the injuries are serious.
Knowledgeable and skilled New York Uber accident lawyers can:
- Handle the insurance company: Insurance companies could try to either deny your claim or pay you less money than you may deserve. Those insurance companies do this because they are a business that wants to make money, and by paying you less, they end up making money. Having an attorney on your side could help you fight to secure a fair settlement on your behalf.
- Figure out the worth of your case: As each case is different, it is hard to compare your accident to someone else’s and figure out exactly how much your case could be worth. It could be even worse if you let the insurance company decide for you. However, if you get an experienced attorney to figure out how much your case could be worth, they could work with the experts to try to value your claim based on your injuries and how your life was affected.
- Go after all the at-fault parties: In certain accidents, it may be more than just an Uber driver that was at fault for your accident. If this is the case, your attorney could go after all the liable parties responsible for your injuries and try to recover the maximum amount of damages on your behalf.
If you or a loved one were injured in a New York Uber accident, do not hesitate to contact us. Let us legal fight for the justice you deserve and the compensation that you need.
The Uber Accident Lawyers at Jacoby & Meyers, LLP Are on Your Side
If you suffer an injury in an Uber accident in New York, our experienced Uber accident lawyers are here to help you. We know that obtaining compensation after a ridesharing accident is not easy. That is why we want to help you through the process and answer all your questions from the start.
Call us for a free case evaluation at (877) 505-2368. You can also email us or fill out our confidential contact form. We’ll evaluate your case or legal matter for free and ensure you receive high quality legal assistance.
Our firm is committed to providing affordable legal representation to those in need. That’s why, at Jacoby & Meyers, LLP, we offer all our services on a contingency basis—our New York Uber accident clients pay no attorneys fees unless we successfully settle your case or win a verdict in your favor. You do not pay us a penny unless we can collect compensation for you. It is one way we help injured accident survivors seek justice after a serious accident.
If you were hurt in an Uber accident, you’ll need the guidance and support of an experienced New York personal injury attorney. Our New York Uber car accident attorneys will ensure that you will receive the compensation for your medical bills, lost income, pain and suffering, and any other related damages that the law will allow.
If you or a loved one have suffered an Uber car accident, contact our New York Uber accident lawyers now for a free case consultation. Call us today. We are here to help!
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
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