Rideshare services have become a convenient and popular mode of transportation for many individuals. Whether you’re heading to work, running errands, or enjoying a night out on the town, rideshare drivers are there to provide you with a safe and reliable ride.
Here at the Law Office of Cohen & Jaffe, LLP in New York, we understand the importance of addressing the complexities of rideshare accidents and how they can affect your claim. As a passenger, it’s crucial to be aware of the potential risks that may arise during your trip.
Independent Contractors, Not Employees
Rideshare drivers are considered independent contractors, which means they are not employees of the rideshare company. This distinction can have significant implications when it comes to determining liability in the event of an accident. If a rideshare driver is involved in a collision while transporting a passenger, the driver’s status as an independent contractor may impact your ability to seek compensation for your injuries and damages.
Different Insurance Coverage Limits Based on Working Phase
The working phase of a rideshare driver can also impact the amount of insurance coverage available to compensate you for your losses. Rideshare companies typically provide insurance coverage for their drivers while they are actively working, but the specifics of this coverage can vary depending on the circumstances of the accident. A driver parked and waiting for a customer to need service has less coverage available to them when compared to a driver who’s actively on a call. Understanding the nuances of rideshare insurance policies and how they apply to your claim is crucial in ensuring you receive fair compensation for your injuries.
In some cases, rideshare companies may try to distance themselves from any liability by claiming that the driver was not working at the time of the accident. However, if it can be proven that the driver was actively working and transporting a passenger, then the rideshare company may be held responsible for any resulting injuries or damages.
Understanding Uber and Lyft’s Insurance Coverage
Both Uber and Lyft provide insurance coverage for their drivers, but the extent of coverage varies depending on the driver’s working phase. During the app-off phase, where the driver is offline, personal insurance is the primary coverage. Once the driver turns on the app to be available for rides, the company’s insurance kicks in. However, the coverage may differ during the app-on phase when the driver is waiting for a ride request versus when they are actively transporting passengers.
Rideshare Drivers’ Personal Insurance Policies
Rideshare drivers are required to have personal insurance policies that cover them when they are not working for the rideshare company. However, personal policies may not always provide sufficient coverage during the app-on phase when the driver is waiting for ride requests. Some insurance companies offer rideshare endorsements or policies specifically designed for drivers to fill this gap in coverage.
Negotiating With Insurance Companies
Insurance adjusters may try to minimize the settlement amount or deny liability altogether. To negotiate effectively, it’s important to gather all relevant documentation, including medical bills, repair estimates, and income loss statements. Your personal injury lawyer can help you compile this information and present it in a clear and organized manner to the insurance company. They can advocate on your behalf during negotiations and ensure that you are not taken advantage of by the adjuster. It’s important to have someone on your side who is experienced in negotiating with insurance companies and who knows how to navigate the complex legal process of a personal injury claim.
Contact a New York Rideshare Accident Attorney
Injury claims after rideshare accidents can be much more complex than regular car accidents. This is because rideshare companies like Uber and Lyft have specific insurance policies and procedures in place for dealing with accidents involving their drivers. This can add an extra layer of complication to the claims process and may require the injured party to navigate through multiple insurance policies and entities in order to receive compensation for their injuries.
At the Law Office of Cohen & Jaffe, LLP we have extensive experience handling rideshare accident claims and are committed to advocating for the rights of injured passengers. If you have been involved in a rideshare accident, call the Law Office of Cohen & Jaffe, LLP at (516) 358-6900 or use this contact form.
