Can You Sue as a Pedestrian Hit by an Uber or Lyft Driver?
When pedestrians are injured in car accidents, they can typically file personal injury protection (PIP) claims with their own car insurance providers to have their injury-related expenses covered. When a pedestrian does not have automobile insurance, he or she may be able to cover part or all of these expenses through his or her homeowner’s or healthcare coverage. This is true regardless of whether the collision was with a driver running personal errands or driving for profit.
When a victim’s damages exceed New York’s serious injury threshold, he or she may file a personal injury claim with the at-fault party’s insurance provider or file a personal injury lawsuit against them. This is also true regardless of the driver’s reason for being on the road when the crash happened.
You Can Only Sue an At-Fault Driver If You Pass the Serious Injury Threshold
In New York, a car accident victim can file a bodily injury claim or personal injury lawsuit when his or her damages exceed $50,000 or if he or she experiences one or more of the following:
- Loss of a gestating fetus;
- A bone fracture;
- Significant disfigurement;
- Permanent loss of an organ, limb, or body system;
- Dismemberment;
- Permanent limit to a body system or function;
- Substantial limit to a body system or function; or
- A medically determined injury or impairment that prevents the victim from performing his or her usual daily activities for at least 90 of the 180 days following the accident.
Additionally, victim death is considered crossing the serious injury threshold. When a victim dies, his or her loved ones may pursue compensation for their damages through a wrongful death claim.
How to Determine Whether to Sue the Driver or the Rideshare Platform
To drive for Uber or Lyft, an individual must have his or her own automobile insurance policy. Many insurance providers also provide rideshare coverage for drivers on these platforms. In addition to a driver’s own insurance policy, Uber and Lyft both provide coverage for drivers actively using their apps. This coverage changes at different stages of a ride. As a pedestrian injured in a collision with an Uber or Lyft vehicle, knowing which coverage was applicable at the time of your collision will determine who is liable for your damages.
Both Uber and Lyft provide $1,000,000 in coverage starting when a driver accepts a ride request and ending when the passenger is dropped off. When a driver is logged into the app and actively working, but not driving to or for a specific rider, both platforms provide $50,000 per person and $100,000 per accident in personal injury coverage.
If a rideshare driver was not logged into either app and thus not working when your accident occurred, you may file a claim with his or her personal auto insurance provider.
Work with an Experienced Long Island Car Accident Lawyer
Before you file a bodily injury lawsuit against an Uber or Lyft driver, discuss your case in detail with an experienced Long Island car accident attorney. Contact our team at the Law Office of Cohen & Jaffe, LLP today to schedule your free legal consultation in our office.
If you were a pedestrian who got hit by an Uber or Lyft driver, you can file a claim with your own insurance company. In the event your damages exceed your policy limits, you may be able to file a claim with the rideshare driver’s insurer or Uber or Lyft.
Depending on how serious your injuries are, you could have grounds to file a personal injury lawsuit. One of our lawyers can help you explore your options for compensation and advocate for you during the legal process.
Can You Sue As a Pedestrian Hit By an Uber or Lyft Driver?
When pedestrians are injured in car accidents, they can typically file personal injury protection (PIP) claims with their own car insurance providers to have their injury-related expenses covered.
When a pedestrian does not have automobile insurance, they may be able to cover part or all of these expenses through their healthcare coverage – regardless of whether the collision was with a driver running personal errands or driving for profit.
When a victim’s damages meet New York’s serious injury threshold, they may file a Long Island Personal Injury Lawyer with the at-fault party’s insurance provider or file a personal injury lawsuit against them.
You Can Only Sue an At-Fault Driver if You Meet the Serious Injury Threshold
In New York, a car accident victim can file a bodily injury claim or personal injury lawsuit when their damages exceed $50,000 or if they experience one or more of the following:
- Loss of a gestating fetus
- A bone fracture
- Significant disfigurement
- Permanent loss of an organ, limb, or body system
- Dismemberment
- Permanent limit to a body system or function
- Substantial limit to a body system or function
- A medically determined injury or impairment that prevents the victim from performing his or her usual daily activities for at least 90 of the 180 days following the accident
Additionally, victim death is considered crossing the serious injury threshold, per ISC § 5102. When a victim dies, his or her loved ones may pursue compensation for their damages through a wrongful death claim.
Determining Whether to Pursue Damages From the Driver or the Rideshare Company
As a pedestrian injured in a collision with an Uber or Lyft vehicle, knowing which insurance coverage was applicable at the time of your collision will determine who is liable for your damages. As such, the driver’s status can affect the claims process.
If the Uber or Lyft Application is Turned Off
To drive for Uber or Lyft, an individual must have his or her own automobile insurance policy. If a rideshare driver was not logged into either app and thus not working when your accident occurred, you may file a claim with his or her personal auto insurance provider.
If the Driver Is Waiting for a Ride
When a driver is logged into the app and actively working, but not driving to or for a specific rider, both companies provide $50,000 per person and $100,000 per accident in bodily injury coverage.
If the Driver Is in the Middle of the Ride
Both Uber and Lyft provide $1,000,000 in coverage starting when a driver accepts a ride request and ending when the passenger is dropped off.
Types of Damages You Can Recover in a Personal Injury Claim or Lawsuit
You could be entitled to an array of damages after you were injured as a pedestrian in an Uber or Lyft accident. Some of these damages could be:
- Past and expected medical care costs
- Past wage losses
- Future lost earning potential
- Pain and suffering
- Disfigurement and scarring
- Lost quality of life
If your loved one died in the accident, you can pursue the costs of their funeral and medical care, as well as your losses of financial support and consortium.
You are Under Time Constraints for Filing a Lawsuit After an Uber or Lyft Accident
If you want to file a lawsuit after your pedestrian accident, you must be aware of the statute of limitations that New York State imposes:
- CVP § 214 dictates that you generally have three years to file a personal injury lawsuit.
- EPT § 5-4.1 says that in most cases, you generally have two years to file a wrongful death lawsuit.
Failing to adhere to your applicable deadline could lead the court to deny your case altogether. Getting our firm involved early on helps ensure that your lawsuit will be completed in time.
Work with the Law Office of Cohen & Jaffe, LLP Today
Before you file a pedestrian lawsuit against an Uber or Lyft driver, you may want to consider discussing your case with our team to review your options. If you choose to hire us, we can represent you during settlement negotiations with the insurer.
Contact our team at the Law Office of Cohen & Jaffe, LLP to begin your free consultation. Dial (516) 358-6900 today.
