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New York Uber Car Accident Lawyer
The ride sharing industry has grown exponentially in recent years, with Goldman Sachs predicting the space will be worth a staggering $285 billion by 2030. Yet, just like with taxicabs, thousands of people are injured every year while traveling with Uber, Lyft and other ride sharing services. The New York area has been particularly hard hit by ride sharing crashes; reporting has shown the number of such incidents doubled in just two years. This may be due in part to the increase in use of Uber, Lyft and Juno within the State of New York.
This raises an important issue: What should you do if you’re injured while traveling in a ride sharing vehicle? Given how prevalent the service has become (and the popularity of ride sharing in the New York greater metropolitan area), the likelihood of such injuries grows every day. While many of us know how to proceed if we’ve been hurt while traveling in our own cars, the right decisions to make in the wake of a ride sharing collision aren’t nearly so well defined.
To help you better protect your legal rights, let’s take a closer look at a comparison between Uber and Yellow cabs when it comes to liability insurance protection in the event of an accident and why your choice of which mode of transportation you will utilize may be more significant than convenience.
Uber Liability Insurance Coverage Compared to Yellow Cabs in New York City
The yellow medallion taxi has been the dominant form of taxi transportation in New York City for decades. Yellow cabs have had a virtual monopoly on motor vehicle transportation within the major commercial centers of the City of New York and adjacent counties. With the advent of Uber, the public has been provided with a choice between standing on a busy street and hailing a cab or utilizing an “app” on their smart phone or other computer device to call for a car.
Most will agree that Uber provides a convenient way to personalize your transportation by allowing a peson to call for a car by utilizing a few simple touches on the smart phone. But there are a few things “below the radar” to consider when deciding between a yellow cab and Uber. One such consideration is the additional liability insurance coverage that Uber says that it provides to the riding public as compared to many yellow cabs.
When you step into an Uber car, there is a one-million and two-hundred and fifty-thousand dollar ($1,250,000) liability insurance policy covering you in the event the driver becomes involved in an accident caused in whole or in part by the drivers negligence. https://www.uber.com/newsroom/nys-ridesharing-insurance/ see also the actual declaration page of the insurance coverage. This coverage exists in a multi vehicle accident as well.
In posting this insurance coverage disclosure for the public to see, Uber has achieved a unique degree of transparency in the transportation industry in New York.
Compare the one-million and two-hundred and fifty-thousand dollar ($1,250,000) liability coverage to the minimum liability coverage that the New York City Taxi and Limousine Commission requires for livery vehicles in the City of New York. A typical New York City yellow cab may be driving with the minimum $100,000 in liability coverage. In the event of a serious accident caused in whole or in part by the negligence of a yellow cab driver, the possibility of the cab being underinsured is significant.
For decades New York City passengers in yellow cabs have suffered severe injuries and due to the limited required coverage were unable to recover the full extent of their damages. This was highlighted by the New York Times decades ago in an article explaining how Taxi cab operators deftly dodged claims arising from their negligence.
With the advent of Uber, New Yorkers have been afforded a choice between modes of transportation which is an important feature in and of itself. But the public have also been provided with the ability of using a mode of transportation which appears, based upon Uber’s own public disclosures, to often afford greater protection in the event of an accident.
Ride Sharing Accident Protocol
If you’ve been involved in an accident involving a ride sharing service, it’s important to follow some basic steps in the minutes and days following the incident. First, make sure you’re evaluated for injuries. Serious injuries may not be readily apparent immediately following a collision, so undergoing an evaluation may be a smart move.
Second, document what happened. Take photos and videos of the scene of the accident, damage to the vehicle(s), any injuries etc. If there are any witnesses, talk to them (without making statements yourself) and get contact information. You should also contact the authorities and request a copy of the police report, once it’s available.
Any expenses related to your injury should be closely tracked and documented in the days and weeks following the incident. This includes medical bills, lost work hours/wages, transportation costs etc.
Finally, and very importantly, consult a lawyer as soon as possible so as to afford your counsel the ability to have the matter fully and thoroughly investigated at a time when memories are fresh and evidence more readily available.
If you were a passenger in a Uber vehicle and seriously injured in an accident or were a driver or passenger in another vehicle and seriously injured in an accident with a Uber vehicle (the liability policy will afford protection in this scenario as well) call the Frankel Law Firm for a free consultation.
It is important to promptly take action in order to preserve your legal rights.
Uber Accidents FAQs
If I was a passenger in a Uber vehicle and involved which was involved in an accident, what steps should I take after the accident?
Obviously, a person should promptly seek medical attention. Legally, it is important not to give any statements to any insurance company or investigator retained by another party and/or insurance carrier. Obtain the name and information contained in the vehicle and ask to copy or make a photo of the license of each driver involved in the accident. If possible, obtain the names and addresses of all witnesses including the passengers in each vehicle. Ask your driver for his insurance card and make a copy of the card. Obtain the police accident report of possible. Always try to obtain the plate numbers for each car involved in the accident. Take photos of any damage to the vehicle and any skid marks, (or lack of skid marks) if possible.
Most often in serious accidents you were likely taken to the hospital after the accident and may have received at least some preliminary medical attention. If you require surgery, it is very important, if medically possible to locate a physician who is very experienced in the particular type of medical issue that must be addressed.
Is there any unique information that I have to obtain from a Uber driver?
If you are a passenger in the Uber vehicle, you will likely have the name of the driver and the basic data required to identify the driver and timely report same to Uber and their insurance carrier. Obtain the basic information that you would in any accident. If you were not a passenger in the Uber car which was involved in the accident, obtain the license plate number and if possible any other identifying data indicating that the vehicle was a Uber vehicle.
Will my medical bills be paid if involved in an accident with an Uber vehicle.
Yes. You are covered by No-Fault insurance and Uber maintains an insurance policy with $50,000 in basic Personal Injury Protection coverage.
Will I be able to claim loss of earnings from No Fault insurance if involved in an accident with a Uber vehicle?
Under what circumstances will I be able to sue for my personal injuries and pain and suffering?
As with any motor vehicle accident in New York State, you must have suffered what is called a “serious injury” as defined by law in order to maintain an action. The fact that the accident involved a Uber vehicle does not alter the basic rules applicable to any motor vehicle accident in New York State.
In the event of an accident with an Uber vehicle which was in the course of transporting a passenger, how can I contact the Uber vehicle’s insurance carrier?
Uber drivers involved in accidents while in the course of driving a passenger are covered by insurance which is issued under the Uber insurance policy plan. The insurance company presently providing such group coverage is James River Insurance Company. The claims department may be contacted by calling (804) 289-2712. The e-mail number is New.Claimsnotices@jamesriverins.com and the fax number is (804) 420-1058. If you or a loved one is involved in accident with or while a passenger in a Uber vehicle, it may be advisable to have your lawyer contact James River Insurance Company.
Prior to communicating with an insurance carrier, it is important that you contact and/or retain a lawyer who can act on your behalf. It is also important that your lawyer determine all insurance carriers who should be placed on notice of the occurrence of the accident as it is required that prompt notice be given to all of the appropriate insurance carriers.
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