As a large metropolitan area, it cannot be denied that UBER, which debuted in California, is a major player in the Manhattan, NYC area. Uber classifies its drivers as independent contractors and in so doing, is able to avoid paying taxes, benefits and unemployment insurance that it would otherwise have to pay its drivers if it acknowledged them as employees. However, because of Uber, you no longer have to call a taxi company or try to flag down a taxi in New York City to catch a ride. Just because ordering a ride via Uber’s App has made the process of getting a ride easier, it doesn’t mean that all rides go according to plan. Just like all drivers, Uber drivers can get into accidents that can injure themselves, their passengers, and other drivers on the road.
If you were involved in a car accident involving an Uber or Lyft, it’s your burden of proving liability in your case if you want to recover compensation for your losses, like uncovered lost wages and pain and suffering. If you find yourself with a claim against Uber and its insurance company, it is highly recommended that you talk to an experienced NYC Uber accident lawyer. Here is how this type of attorney can help you win your case.
Confirm that the UBER Driver Was in the Course and Scope of Business
Uber provides liability coverage for its drivers for bodily injury and property damage. Just because you see an Uber sign on the side or back of the car, however, does not mean that their UBER insurance is in force. For coverage to apply, the driver must have been in the course and scope of his duties of driving for any one of Uber’s entities, including Uber, UberX, Uber POOL, or Uber Eats. Your NYC Uber accident attorney will take the appropriate measures to ensure that information such as Uber App and GPS data is preserved, as it can be used in determining if the driver was working at the time of the accident. Also try to pay attention to Uber logos on the vehicle, whether passengers got out of the car and got their own rides, or if there were food delivery coolers in the car. All of these could be evidence that the at-fault driver was working for Uber at the time of the NYC Car Accident.
Confirm the Amount of Insurance Coverage Available
Once it is confirmed that the Uber App was on, insurance coverage will apply as long as the driver is determined to be at fault for the crash. The amount of insurance coverage depends on the driver’s role at the specific time of the accident. If an Uber driver had accepted a ride or was transporting a passenger, Uber may provide up to $1 million of insurance for damages and injuries related to the accident. If the App was on, but no ride had been accepted, the amount of coverage will be less. Uber Eats also has similar coverage levels. Your lawyer should be able to examine the facts of your accident and determine how much coverage should apply to your case, which will help cover your medical bills and reimburse lost wages. Depending on the severity of the accident and damages, your lawyer may choose to consult with expert witnesses to retain either accident reconstruction experts or expert testimony. If the Uber policy is not able to cover all of your losses, you may be able to collect through your uninsured/underinsured (UM/UIM) insurance policy coverages.
Car accidents involving NYC Ubers can be much more complex than the average car accident case. To recover all of the money that you’re entitled to under the law, you should consult with legal representation well-versed in NYC ridesharing accident cases. To speak with an experienced Manhattan Uber accident attorney today, call Michael J. Redenburg, Esq. PC at 212-240-9465.