Rideshare services like Uber have become a popular choice for getting around in Brooklyn and other major cities. However, accidents can still happen on the road, and if you are involved in one, it is important to know your rights. When an Uber driver is at fault in an accident, several factors come into play that can affect your ability to receive compensation.
Understanding the legal process and how insurance works in these situations is crucial. Here is a breakdown of what you need to know if you are involved in an accident caused by an Uber driver in Brooklyn.
Understanding the Legal Framework
Uber drivers are considered independent contractors, not employees of the company. As such, Uber’s liability coverage is a key factor in determining whether you’ll be compensated. However, Uber provides some insurance coverage depending on the driver’s status at the time of the accident.
- Driver Offline (Not Using the App): If the driver is not logged into the Uber app or on their way to pick up a passenger, the Uber insurance policy does not apply. In this case, you would need to rely on the driver’s personal car insurance to cover damages.
- Driver Available (App On, No Passenger): If the Uber driver is logged into the app but not yet on their way to pick up a passenger, Uber’s liability insurance typically covers up to $50,000 in bodily injury and $25,000 in property damage per person. However, the driver’s personal insurance may also contribute, especially if Uber’s insurance policy is insufficient.
- Driver On a Ride: Uber’s commercial insurance kicks in if the Uber driver is actively transporting a passenger when the accident occurs. Uber provides up to $1 million in liability coverage for accidents involving passengers, ensuring that you are adequately compensated for injuries and damages.
Steps to Take After an Uber Accident in Brooklyn
If you are involved in an accident caused by an Uber driver in Brooklyn, your immediate actions can significantly impact your ability to recover compensation. You should do the following:
- Seek Medical Attention: Even if injuries don’t seem severe initially, it’s important to seek medical care immediately. Some injuries, like whiplash or concussions, may not appear immediately but can lead to serious complications later.
- Document the Scene: Take photos of the accident scene, including vehicle damage, any visible injuries, and surrounding conditions. Be sure to get contact information for the Uber driver, any witnesses, and the police report if one was filed.
- Report the Accident to Uber: Report the accident to Uber through their app. The company will collect details and may assist with the claims process.
- Contact a Brooklyn Uber Accident Lawyer: An experienced Brooklyn Uber accident lawyer can help guide you through the legal process. They can negotiate with Uber’s insurance and the driver’s insurance company.
Insurance Coverage in Uber Accidents
While Uber drivers have personal auto insurance, rideshare accidents can be complicated when it comes to insurance claims. Brooklyn Uber accident lawyers can help navigate this complex landscape. If you are injured due to the Uber driver’s negligence, the key issue will be identifying which insurance coverage applies to your situation and whether the insurance limits will fully cover your expenses.
If the Uber driver’s insurance policy doesn’t cover all your expenses, you may be able to file a claim against your own insurance, assuming you have personal injury protection (PIP) coverage. Additionally, if the driver was engaged in reckless driving or violating traffic laws, you may also have the option to pursue a personal injury lawsuit.
Why You Need a Lawyer?
When dealing with Uber accidents, insurance companies and rideshare companies often try to minimize their payouts, which can be frustrating for victims. A knowledgeable Brooklyn Uber accident lawyer can help protect your rights and deal with insurance companies.
Working with an experienced attorney ensures that all aspects of your claim are addressed, from gathering evidence to negotiating with Uber’s insurance providers.
The Brooklyn Uber Accident Lawyers at Rubenstein & Rynecki Are Here to Assist After a Rideshare Crash
If you have been injured in an accident involving an Uber driver, contact Rubenstein & Rynecki for experienced legal assistance. The Brooklyn Uber accident lawyers are ready to help you navigate the legal complexities of your case. Call 718-522-1020 or contact us online for a free consultation. Located in Brooklyn, we serve clients in New York City, including The Bronx, Manhattan, Queens, and Staten Island.