Rideshare companies have become extremely popular in New York City and all metropolitan areas across the country. Considering the huge popularity of Uber services throughout New York City, it’s no surprise that the rates of accidents and passenger injuries have also risen.
Ride-sharing services like Uber are convenient and cost-efficient, but what rights does an Uber passenger have if injured in a car accident?
Recent Case Settlement Highlight for an NYC Uber Passenger Accident
Case Summary:
With the proliferation of app-based transport like Lyft and Uber, also comes the mounting accidents and litigation that arise form accidents involving these rideshare companies. In early 2020, the law firm of Michael J. Redenburg, Esq. PC was retained by Ronald V. after he was involved in an Uber crash while a passenger. When Ronald came to our lower-Manhattan office, he was unsure about how to go about getting treatment for the injuries he sustained. Clearly, as a passenger in the Uber, the accident was not his fault, but he was left to deal with the aftermath. We put the insurance carrier for Uber on Notice of the claim and also notified the insurance company of the adverse vehicle that struck the Uber that Ronald was riding in.
The accident occurred on December 24, 2019, in the mid-afternoon, and near the northbound FDR Drive and the Battery Park Underpass. As the Police Accident Report made clear, Ronald was a passenger in the Uber stopped in traffic in the Battery Park Tunnel Underpass, when the offending vehicle struck the rear of the Uber. Although the accident was clearly the fault of the other vehicle, we had to put Uber on Notice because Uber carries a $1,000,000.00 policy of insurance for injured passengers when the Uber driver is transporting a customer.
Case Outcome:
However, we first looked to the offending vehicle and tried to resolve the case pre-litigation. However, this was not possible, so we filed suit in New York County Supreme Court. Less than one month after the filing of the Summons and Complaint, the case settled for $45,000.00.
Contact an Uber Accident Passenger Rights Lawyer Today
Victims of Uber accidents have several options to obtain compensation. Depending on the accident circumstances, the injured passenger may obtain compensation through Uber’s commercial insurance policy or pursue a personal injury lawsuit.
You may be entitled to compensation if you or someone you love has been injured as a passenger in an Uber accident. Contact attorney Michael J. Redenburg today to schedule a free initial consultation to discuss your case.
Recovering Compensation as an Injured Passenger in an Uber Accident
As a passenger injured in an Uber accident, you have rights under federal and state law. If you’ve been injured because your Uber driver was careless, you may assume that Uber will pay for all of your damages. However, recovering the total amount of compensation you need isn’t always easy. Rideshare companies have significant assets and legal teams that work diligently to avoid taking responsibility for injuries whenever possible.
Bringing a Personal Injury Lawsuit After an Uber Accident
New York state is considered a no-fault insurance state. As a result, every driver must carry minimum levels of personal injury protection (PIP) insurance. As with any car accident in New York, the victim must prove that his or her injuries meet the serious injury threshold before they can file a personal injury lawsuit. When an Uber passenger’s injuries don’t meet the requirements, they can only obtain a settlement through an insurance company regardless of whether the Uber driver was at fault.
If you can prove that you’ve suffered a severe injury, you can bring a lawsuit against the at-fault driver based on negligence. Most Uber drivers may not have enough assets to pay a verdict against them personally. Filing a lawsuit against Uber may be the best option because of the company’s resources. However, Uber drivers are considered independent contractors, not employees, so bringing a lawsuit against Uber as a company is challenging.
Depending on your case, you may be able to sue Uber for negligent hiring. Under New York law, Uber must conduct background investigations into their drivers to check for criminal history. Suppose they failed to run a background check, and then an Uber driver with multiple DUI convictions causes an accident. In that case, the injured passenger may be able to bring a successful lawsuit against Uber for negligent hiring.
Uber’s Commercial Insurance Policy
If the Uber driver is at fault for the accident, their insurance will need to cover your bodily injuries and the damage to your property. New York law requires ride-sharing app companies to carry minimum levels of insurance coverage for accidents that occur when an Uber driver is transporting a passenger. Depending on when the Uber accident occurred, you may be covered by Uber’s commercial insurance policy
When an Uber accident occurs during a passenger trip, Uber’s commercial insurance policy will cover up to $1,250,000 in damages. This policy will cover medical expenses from bodily injuries caused by the accident and related damages. If a third-party driver caused the Uber accident, you might be able to see compensation from him or her.
Determining Liability as an Injured Uber Passenger
Attorney Michael J. Redenburg can help you determine who is liable for your accident and develop a strategy to recover the most compensation possible. Every Uber accident case is unique, and the circumstances in each case will determine who is at fault. Typically, determining fault comes down to gathering evidence regarding which driver acted negligently or recklessly, causing the accident. We will conduct a thorough investigation into your case, interview witnesses, gather any video footage available, and, if necessary, work with an accident reconstruction specialist who can prove that the at-fault driver’s negligence caused the accident.
Why You Need an Experienced Uber Accident Lawyer to Assert Your Rights as a Passenger
As an injured passenger, you will have the right to pursue compensation against the at-fault Uber driver who caused the accident or another driver at fault. In some cases, you may be able to bring a claim against both at-fault parties. Nonetheless, car accident cases are always complex.
Ride-sharing accidents tend to add another layer of complexity. There could be multiple insurance companies involved in obtaining compensation. Attorney Michael J. Redenburg has extensive experience working with complex car accident cases and knows how to negotiate with insurance companies to obtain the best result possible.
How Much Is My Case Worth?
Insurance companies are notorious for offering settlement agreements that are far too low. Attorney Michael J. Redenburg has extensive experience negotiating with Uber and its insurance providers. He is committed to helping his clients get the maximum settlement amount they deserve. After carefully reviewing all of the damages you have incurred as an injured Uber passenger, he will estimate the total value of your claim. The following factors will determine how much your case is worth:
- severity and type of injuries you sustained
- amount of lost wages
- permanent disability
- past and projected medical expenses
- pain and emotional suffering
Contact an Uber Accident Lawyer in New York City
The sooner you discuss your Uber accident case with a lawyer, the better. Attorney Michael J. Redenburg has a proven track record of obtaining clients the total compensation they deserve in Uber accident cases. For a no-obligation, free consultation with an Uber car accident lawyer, we encourage you to contact attorney Michael J. Redenburg today to schedule your initial consultation. He offers results-driven legal representation to residents throughout New York City.