NYC Rideshare Accident Lawyer

Ridesharing services have transformed how New Yorkers navigate the city. Millions of residents and visitors rely on platforms like Uber and Lyft daily, trusting these services to provide safe, convenient transportation. However, when accidents occur involving rideshare vehicles, the legal landscape becomes considerably more complex than traditional car accident cases. At Kelner & Kelner, our NYC rideshare accident lawyers understand the unique challenges that arise when pursuing compensation after a rideshare collision in New York City.

Can I Sue If I Was Injured in a Rideshare Accident?

Yes, you can sue if you were injured in a rideshare accident, regardless of whether you were a passenger, another driver, a pedestrian, or a cyclist. Your ability to pursue legal action depends on who was at fault for the accident. If the rideshare driver was negligent, you can file a claim against their insurance and the rideshare company's commercial policy. If another driver caused the collision, you can pursue compensation from that driver and their insurance carrier. New York law allows injured parties to seek damages for medical expenses, lost wages, pain and suffering, and other losses resulting from the accident.

However, before filing a lawsuit, you typically must first pursue an insurance claim. Rideshare companies like Uber and Lyft carry substantial commercial insurance policies that provide coverage when their drivers are actively working. Most rideshare accident cases are resolved through insurance settlements without going to court. If the insurance company refuses to offer fair compensation or denies your claim, filing a lawsuit becomes necessary. You generally have three years from the date of the accident to file a personal injury lawsuit in New York, though it's advisable to consult with an attorney promptly to protect your rights and preserve evidence.

What Can I Sue For If I Was Injured in a Rideshare Accident in NYC?

If you were injured in a rideshare accident in New York City, you have the right to seek compensation for various damages caused by the collision. Understanding what you can recover helps you pursue full and fair compensation for your losses.

Damages You Can Recover

• Medical Expenses: You can recover costs for all accident-related medical treatment, including emergency room visits, hospitalization, surgery, diagnostic tests, prescription medications, physical therapy, and future medical care anticipated for your injuries.
• Lost Wages: Compensation includes income you missed while recovering from your injuries, whether you were out of work for days, weeks, or months following the rideshare accident.
• Lost Earning Capacity: If your injuries prevent you from returning to your previous job or reduce your ability to earn income in the future, you can seek compensation for this diminished earning potential.
• Pain and Suffering: You can recover damages for the physical pain, discomfort, and emotional distress you experienced as a result of your rideshare accident injuries.
• Disability and Disfigurement: Permanent disabilities, scarring, or disfigurement caused by the accident entitle you to additional compensation reflecting these lasting impacts on your life.
• Loss of Enjoyment of Life: When injuries prevent you from participating in activities, hobbies, or experiences you previously enjoyed, you can seek compensation for this diminished quality of life.
• Property Damage: If your vehicle, phone, or other personal property was damaged in the rideshare accident, you can recover the cost of repairs or replacement.
• Out-of-Pocket Expenses: This includes miscellaneous costs such as transportation to medical appointments, home modifications for disabilities, medical equipment, and household help during your recovery.

At Kelner & Kelner, we thoroughly evaluate every aspect of your rideshare accident case to ensure all damages are properly documented and claimed. Contact our NYC rideshare accident lawyers to discuss the specific compensation available in your situation and begin pursuing the full recovery you deserve.

How a NYC Rideshare Accident Lawyer Can Maximize Your Compensation

Rideshare accident cases involve complex insurance policies, multiple potentially liable parties, and insurance companies determined to minimize payouts. Working with an experienced NYC rideshare accident lawyer ensures you receive the full compensation you deserve rather than accepting inadequate settlement offers.

Ways Legal Representation Increases Your Recovery

• Thorough Investigation of All Liable Parties: Our rideshare accident lawyers in NYC identify every party who bears responsibility for your rideshare accident, including the driver, rideshare company, other motorists, and vehicle manufacturers, ensuring all potential sources of compensation are pursued.
• Accurate Valuation of Your Claim: Our NYC rideshare accident attorneys calculate the true value of your rideshare accident case by accounting for current and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and other damages that insurance adjusters often overlook or undervalue.
• Navigation of Complex Insurance Policies: Our rideshare accident lawyers understand the tiered coverage structure of rideshare insurance and determine which policies apply based on the driver's status at the time of your accident, maximizing available coverage limits.
• Evidence Preservation and Collection: We obtain crucial evidence including accident reports, traffic camera footage, witness statements, driver app records, vehicle maintenance histories, and medical documentation before it disappears or becomes unavailable.
• Engagement of Medical and Accident Reconstruction Professionals: Our rideshare accident lawyers consult with physicians, life care planners, economists, and accident reconstruction specialists who provide testimony supporting the severity of your injuries and the full extent of your damages.
• Strategic Negotiation with Insurance Companies: Our rideshare accident attorneys near you handle all communications with insurance adjusters, countering lowball offers and delay tactics with well-documented demands backed by evidence of liability and the full scope of your injuries.
• Protection from Common Insurance Tactics: Our rideshare accident lawyers prevent insurance companies from obtaining recorded statements, social media evidence, or premature settlements that undervalue your rideshare accident claim and limit your future recovery.
• Proper Documentation of Future Damages: Our rideshare accident lawyers work with medical professionals to document your long-term prognosis, future treatment needs, permanent disabilities, and ongoing care requirements that significantly increase your compensation beyond immediate expenses.
• Litigation Readiness: Our willingness to file lawsuits and take cases to trial pressures insurance companies to offer fair settlements, as they know we have the resources and commitment to pursue full compensation through verdict if necessary.
• Maximization of All Damage Categories: We ensure your claim includes compensation for every applicable category including economic losses, non-economic damages like pain and suffering, and in appropriate cases, punitive damages for particularly egregious conduct.
• Compliance with Legal Deadlines: Our rideshare accident lawyers protect your right to compensation by filing claims within New York's statute of limitations and meeting all procedural requirements that could otherwise bar your recovery.
• Coordination of Medical Liens and Subrogation Claims: We negotiate with health insurance companies, Medicare, Medicaid, and medical providers to reduce liens against your settlement, ensuring you keep more of your rideshare accident compensation.

At Kelner & Kelner, our decades of experience handling personal injury cases in New York City translate directly into higher compensation for our rideshare accident clients. Our rideshare accident lawyers invest the time, resources, and effort necessary to build compelling cases that insurance companies take seriously. Contact our NYC rideshare accident lawyers today to schedule a free consultation and learn how we can maximize your recovery after a rideshare collision.

How Ridesharing Works

Understanding how rideshare services operate helps explain the complex insurance issues that arise after a rideshare accident. The driver's status in the app at the time of a collision directly determines which insurance coverage applies to your injury claim.

The Rideshare Process and Driver Status

• Passenger Requests a Ride: Users open the Uber or Lyft app, enter their destination, select their service level, and request a ride, which sends their location and trip details to nearby available drivers.
• App Off - Personal Insurance Only: When the rideshare driver has their app turned off and is not working, only their personal auto insurance provides coverage for any accidents that occur during this period.
• App On - Waiting for Ride Request: Once drivers log into the rideshare app and make themselves available, they enter a waiting period where limited liability coverage from the rideshare company activates, though it provides significantly lower coverage limits than active ride insurance.
• Driver Accepts Ride Request: When a driver accepts your ride request through the app, the rideshare company's full commercial insurance policy activates, providing substantial coverage for accidents that occur from acceptance through completion of the trip.
• Passenger Pickup and Transport: During the period when the passenger is physically in the vehicle being transported to their destination, the rideshare company's maximum insurance coverage remains active, protecting passengers and others injured in accidents.
• GPS Navigation and Route Tracking: The rideshare app provides turn-by-turn directions to drivers and tracks the entire trip route, creating a digital record that can serve as crucial evidence in rideshare accident investigations.
• Payment Processing Through the App: Fares are automatically calculated and charged to the passenger's payment method on file, eliminating cash transactions and creating a documented record of the trip's time, duration, and cost.
• Rating System for Accountability: After each trip, passengers and drivers rate each other, theoretically encouraging safe driving practices, though this system does not prevent negligent drivers from causing rideshare accidents.
• Independent Contractor Classification: Rideshare companies classify drivers as independent contractors rather than employees, a distinction that affects liability determinations and the company's responsibility for accidents caused by their drivers.
• Trip Completion and App Status Change: Once the passenger exits the vehicle and the trip is marked complete in the app, the driver returns to waiting status with reduced insurance coverage until accepting another ride request.

The varying insurance coverage levels based on app status create significant complexity in rideshare accident cases. At Kelner & Kelner, our NYC rideshare accident lawyers understand these nuances and investigate thoroughly to determine which insurance policies apply to your situation. Our car accident lawyers in NYC hold rideshare companies accountable for providing the coverage they promise and ensure you receive maximum compensation for your injuries. Contact us today to discuss your rideshare accident case and learn how the driver's app status at the time of your collision affects your claim.

Who Is Liable for Your Rideshare Accident Injury?

Determining liability in a rideshare accident requires careful investigation of all parties who may have contributed to the collision. Multiple parties can potentially be held responsible for your injuries and resulting damages.

Potentially Liable Parties

• The Rideshare Driver: If the Uber or Lyft driver was negligent—such as speeding, distracted driving, running a red light, or violating traffic laws—they can be held liable for your rideshare accident injuries.
• The Rideshare Company: Uber and Lyft maintain commercial insurance policies that cover accidents when drivers are actively using the app, providing substantial coverage for passengers and others injured in rideshare accidents.
• Other Motorists: If another driver caused the collision through negligent driving, that driver and their insurance company can be held liable for your injuries, even if you were in a rideshare vehicle at the time.
• Vehicle Manufacturers: When defective brakes, tires, airbags, or other vehicle components contribute to the rideshare accident or worsen your injuries, the manufacturer may bear liability for your damages.
• Government Entities: Poorly maintained roads, missing signage, defective traffic signals, or dangerous road conditions maintained by city or state agencies can contribute to liability in some rideshare accident cases.
• Pedestrians or Cyclists: In rare cases, a pedestrian or cyclist who acted negligently may share liability for a rideshare accident, though this typically does not eliminate other parties' responsibility.
• Rideshare Passengers: When a passenger's actions—such as grabbing the steering wheel or assaulting the driver—directly cause an accident, they may be held liable for resulting injuries to others.
• Maintenance and Repair Shops: If improper vehicle maintenance or faulty repairs contributed to the rideshare accident, the shop that serviced the vehicle may share liability for your injuries.

Our rideshare accident lawyers near me conduct thorough investigations to identify all liable parties in your rideshare accident case. By holding every responsible party accountable, we maximize the compensation available for your medical expenses, lost wages, and other damages. Contact our NYC rideshare accident lawyers to discuss who may be liable in your specific situation.

Injuries Associated with Rideshare Accidents

Rideshare accidents in New York City can result in a wide range of injuries, from minor soft tissue damage to life-altering catastrophic harm. Understanding the types of injuries commonly sustained helps accident victims recognize the full extent of their damages and pursue appropriate compensation.

Common Rideshare Accident Injuries

• Whiplash and Neck Injuries: Sudden impact during a rideshare collision causes the head and neck to snap forward and backward violently, resulting in strained muscles, damaged ligaments, and chronic pain that may not appear immediately after the accident.
• Back Injuries and Spinal Damage: The force of a rideshare accident can herniate discs, fracture vertebrae, or damage the spinal cord, leading to chronic pain, limited mobility, or permanent paralysis in severe cases.
• Traumatic Brain Injuries: Head impacts during rideshare collisions can cause concussions, contusions, or severe brain trauma resulting in cognitive impairment, memory loss, personality changes, and long-term disability.
• Broken Bones and Fractures: Arms, legs, ribs, hips, and facial bones frequently break during rideshare accidents, requiring surgery, extended recovery periods, and sometimes resulting in permanent limitations or complications.
• Soft Tissue Injuries: Sprains, strains, bruises, and muscle tears are common in rideshare accidents and can cause significant pain, restrict movement, and require months of physical therapy for full recovery.
• Lacerations and Scarring: Broken glass, deployed airbags, and contact with vehicle components cause cuts ranging from minor to severe, sometimes resulting in permanent scarring and disfigurement requiring reconstructive surgery.
• Internal Injuries: Blunt force trauma during rideshare collisions can damage internal organs including the liver, spleen, kidneys, and lungs, creating life-threatening conditions that may not be immediately apparent.
• Chest and Rib Injuries: Seatbelts and steering wheel contact can fracture ribs, bruise the chest cavity, and cause internal bleeding or damage to the heart and lungs during high-impact rideshare accidents.
• Knee and Leg Injuries: Dashboard impact and vehicle compression frequently cause knee injuries, torn ligaments, fractured legs, and damage to the patella, often requiring surgical intervention and lengthy rehabilitation.
• Psychological Trauma: Many rideshare accident victims experience post-traumatic stress disorder, anxiety, depression, and fear of driving or riding in vehicles, requiring ongoing mental health treatment and significantly impacting quality of life.
• Burn Injuries: While less common, rideshare accidents involving fires or explosions can cause severe burns requiring extensive medical treatment, skin grafts, and resulting in permanent scarring and disfigurement.
• Wrongful Death: The most tragic outcome of rideshare accidents occurs when victims lose their lives, leaving families to pursue wrongful death claims for funeral expenses, lost financial support, and the immeasurable loss of companionship.

Our rideshare accident lawyers in NYC understand that every rideshare accident injury affects not only your physical health but also your emotional wellbeing, financial stability, and future prospects. Our NYC rideshare accident lawyers work with medical professionals to document the full extent of your injuries and ensure you receive compensation that addresses both immediate needs and long-term consequences. Contact us today for a consultation to discuss your rideshare accident injuries and learn how we can help you pursue the recovery you deserve.

Common Rideshare Companies in NYC

New York City's streets are filled with vehicles from various rideshare platforms, each operating under different business models and insurance policies. If you've been injured in an accident involving any of these services, understanding which company was involved helps determine the applicable insurance coverage.

Major Rideshare Platforms in New York City

• Uber: The largest rideshare company in NYC offers multiple service levels including UberX, Uber Comfort, Uber Black, and Uber Pool, with millions of rides completed annually throughout the five boroughs and comprehensive commercial insurance coverage for accidents.
• Lyft: The second-largest rideshare platform operates extensively across New York City, providing services similar to Uber with commercial insurance policies that activate when drivers are logged into the app and available for rides.
• Via: This shared-ride service focuses on carpooling multiple passengers heading in similar directions, operating primarily in Manhattan and other high-density areas with its own insurance requirements for rideshare accidents.
• Juno: Founded specifically for the New York City market, Juno offers rideshare services with a driver-friendly business model, though it maintains a smaller market presence than Uber and Lyft.
• Curb: This taxi-hailing app connects passengers with licensed yellow and green taxis in NYC, creating a hybrid between traditional taxi service and modern rideshare platforms with different insurance structures than app-based rideshare companies.
• Revel: Initially known for electric moped rentals, Revel now operates an all-electric rideshare service using Tesla vehicles in New York City, with commercial insurance covering passengers and others injured in accidents involving their fleet.

No matter which rideshare company was involved in your accident, Kelner & Kelner has experience handling injury claims against all major platforms operating in NYC. We understand the specific insurance policies, coverage requirements, and legal complexities associated with each rideshare service. Contact our NYC rideshare accident lawyers to discuss your case and learn how we can help you pursue compensation from the responsible parties.

What To Do If Injured in a Rideshare Accident

The actions you take immediately after a rideshare accident can significantly impact your ability to recover fair compensation for your injuries. Following these important steps helps protect your health, preserve critical evidence, and strengthen your legal claim.

Essential Steps After a Rideshare Accident

• Seek Medical Attention Immediately: Even if you feel fine, see a doctor right away, as many rideshare accident injuries like whiplash, concussions, and internal damage may not show symptoms immediately but can worsen without prompt treatment.
• Call 911 and Report the Accident: Contact police to respond to the scene and create an official accident report, which provides crucial documentation of the rideshare collision, identifies all parties involved, and records initial observations about fault and conditions.
• Document the Scene: Take photographs of vehicle damage, road conditions, traffic signs, skid marks, your visible injuries, and the overall accident scene from multiple angles to preserve evidence that may disappear quickly.
• Gather Information: Collect the rideshare driver's name, contact information, license number, insurance details, and vehicle information, along with the same details from any other drivers involved in the accident.
• Identify Witnesses: Obtain names and contact information from anyone who saw the rideshare accident occur, as witness statements can provide crucial third-party verification of how the collision happened and who was at fault.
• Preserve the Rideshare Trip Record: Screenshot or save your ride details from the Uber or Lyft app, including the driver's information, trip route, time stamps, and fare information before the company removes or alters this data.
• Report the Accident to the Rideshare Company: Notify Uber, Lyft, or whichever platform was involved through their app or website, creating an official record of the incident and initiating their insurance claim process.
• Avoid Discussing Fault: Do not apologize or make statements about who caused the rideshare accident to drivers, passengers, witnesses, or insurance adjusters, as these statements can be used against you later.
• Limit Social Media Activity: Refrain from posting about your rideshare accident or injuries on Facebook, Instagram, Twitter, or other platforms, as insurance companies regularly monitor social media to find evidence contradicting injury claims.
• Keep Detailed Records: Maintain organized files of all medical records, bills, prescription receipts, work absence documentation, and correspondence related to your rideshare accident to support your compensation claim.
• Be Cautious with Insurance Adjusters: Insurance companies may contact you quickly after the rideshare accident with settlement offers or requests for recorded statements; politely decline until you consult with an attorney who can protect your interests.
• Contact an NYC Rideshare Accident Lawyer: Consult with experienced legal counsel as soon as possible after your accident to understand your rights, evaluate your claim, and begin building a strong case for maximum compensation.

Taking these steps after your rideshare accident helps establish a solid foundation for your injury claim. At Kelner & Kelner, we guide clients through each phase of the recovery process, handling legal complexities while you focus on healing. Contact our NYC rideshare accident lawyers today for a consultation to discuss your case and learn how we can help you pursue the compensation you deserve for your injuries and losses.

Contact Kelner & Kelner for Your Free Consultation

If you've been injured in a rideshare accident in New York City, don't navigate the complex insurance and legal process alone. At Kelner & Kelner, we offer free consultations to discuss your case, answer your questions, and explain your legal options. We handle rideshare accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Contact us today to get started on your path to recovery and justice.

Rideshare Accident Lawyer FAQs

How long does it take to resolve a rideshare accident case?

The timeline for resolving a rideshare accident case varies significantly based on the complexity of your injuries, the clarity of liability, and the insurance company's willingness to negotiate fairly. Simple cases with clear fault and minor injuries may settle within a few months, while cases involving serious injuries, disputed liability, or multiple parties can take a year or longer to reach resolution. At Kelner & Kelner, we work efficiently to move your case forward while ensuring we don't settle prematurely before understanding the full extent of your injuries and future medical needs.

What happens if the rideshare driver didn't have proper insurance?

All rideshare drivers operating in New York City are required to maintain personal auto insurance, and companies like Uber and Lyft provide commercial policies that activate when drivers are working. If a driver was operating illegally without insurance or their personal policy excludes commercial activity, the rideshare company's insurance should still provide coverage when the driver was logged into the app. We can also explore your own uninsured motorist coverage as an additional avenue for compensation if insurance gaps exist.

Can I sue if I was a passenger in the rideshare vehicle that caused the accident?

Yes, passengers can file claims against their own rideshare driver if that driver's negligence caused the accident and your injuries. As a passenger, you are not responsible for the driver's actions, and the rideshare company's commercial insurance policy specifically covers passenger injuries. This situation often provides a straightforward path to compensation since liability is clear and you bear no fault for the collision.

What if I was partially at fault for the rideshare accident?

New York follows a pure comparative negligence rule, meaning you can still recover compensation even if you were partially at fault for the accident. Your compensation will be reduced by your percentage of fault, so if you were 20% responsible and your damages total $100,000, you would receive $80,000. Insurance companies often try to assign more fault to injured parties than appropriate, which is why having an NYC rideshare accident lawyer to defend against these tactics proves crucial.

Do I need a police report to file a rideshare accident claim?

While not legally required in all cases, a police report significantly strengthens your rideshare accident claim by providing an official, unbiased account of the collision. The report documents the accident scene, identifies all parties involved, records witness statements, and often includes the officer's assessment of fault. If police were not called to the scene, you can still file a claim, but gathering other evidence like photographs, witness information, and medical records becomes even more critical.

What should I do if the other driver left the scene of the rideshare accident?

Hit-and-run accidents involving rideshare vehicles complicate the claims process but don't prevent you from recovering compensation. Report the hit-and-run to police immediately and provide any information you have about the fleeing vehicle. You can file a claim through the rideshare company's uninsured motorist coverage, which protects passengers when another driver flees the scene or lacks insurance. Your own uninsured motorist policy may also provide additional coverage.

Can my family members sue if I was killed in a rideshare accident?

Yes, when a rideshare accident results in death, certain family members can file a wrongful death lawsuit to recover compensation for funeral expenses, medical bills incurred before death, lost financial support, and loss of companionship. In New York, the personal representative of the deceased's estate typically files the wrongful death action on behalf of surviving family members. These cases require sensitive handling and thorough documentation of both economic and non-economic losses.

What if my injuries didn't appear until days or weeks after the rideshare accident?

Delayed injury symptoms are common after rideshare accidents, particularly for soft tissue injuries, concussions, and internal damage. Seek medical attention immediately once symptoms appear and inform your doctor that these issues relate to your rideshare accident. The key is establishing a clear connection between the collision and your injuries through medical documentation. As long as you file your claim within New York's statute of limitations, delayed symptoms do not prevent you from recovering compensation.

Should I use my own health insurance for rideshare accident injuries?

Using your health insurance to cover immediate medical treatment after a rideshare accident ensures you receive necessary care without delay while the liability claim is being processed. However, your health insurer may have a right to reimbursement from any settlement you receive, known as subrogation. An NYC rideshare accident lawyer can negotiate with your health insurance company to reduce these liens, allowing you to keep more of your settlement or verdict.

How do I know if I should settle or go to trial?

The decision to settle or proceed to trial depends on whether the insurance company offers fair compensation that adequately covers your medical expenses, lost income, future care needs, and pain and suffering. At Kelner & Kelner, we provide honest assessments of settlement offers and advise you on the risks and benefits of accepting versus proceeding to trial. We prepare every case as if it will go to trial, which often results in better settlement offers, but we only recommend settling when the offer truly serves your best interests.

What if the rideshare driver was working for multiple apps at once?

Some rideshare drivers simultaneously log into multiple platforms like Uber and Lyft to increase their ride opportunities, which can complicate insurance coverage. If the driver was logged into multiple apps when your accident occurred, determining which company's insurance applies requires investigation into which platform the driver was actively transporting a passenger for or had accepted a ride from. We thoroughly investigate these situations to identify all available insurance coverage and maximize your compensation.

Can I still recover compensation if I wasn't wearing a seatbelt?

Not wearing a seatbelt does not automatically prevent you from recovering compensation after a rideshare accident, but it may affect the amount you receive. Insurance companies may argue that some of your injuries would have been prevented or less severe if you had worn a seatbelt, potentially reducing your compensation under comparative negligence principles. However, the failure to wear a seatbelt does not excuse the at-fault driver's negligence or eliminate their liability for causing the accident.