Settlement amounts for Uber and Lyft passenger accidents in New York span from a few thousand dollars to over a million depending on factors like the severity of injuries and liability.
In bustling cities like New York, ride-sharing services have become an integral part of daily life, offering convenience and accessibility for millions of residents and visitors alike. As of 2023, these services continue to grow in popularity, with over 8.5 million Uber trips per month in New York City alone.
However, along with the convenience comes the unfortunate reality that accidents can occur. When passengers are involved in these incidents, they often face unique challenges, navigating complex insurance policies and legal procedures to seek compensation for their injuries and losses.
To improve your settlement amount, you really need expert advice, which is where consulting with a New York Uber accident lawyer is pivotal.
How are Uber & Lyft settlements calculated in NY?
Navigating the complexities of settlement calculations involves a careful examination of various factors. Lawyers and insurance companies meticulously assess these elements to determine fair compensation. Let's take a closer look at the key components they consider when calculating settlements.
Type of injuries
Ride-sharing accidents can result in various injuries, each with its own implications for settlement amounts. Common ones are:
- Soft tissue injuries
- Bone fractures
- Head injuries
- Spinal cord injuries
- Internal injuries
An experienced attorney can assess these factors to negotiate a fair settlement that adequately compensates the victim for their injuries and losses. But, the severity of the injuries is directly correlated to the medical treatment needed and, therefore, how much compensation you could receive.
Severity of injuries
The severity of injuries, whether they result in permanent disabilities or temporary harm, plays a key role in the calculations of settlements in ride-sharing accidents.
Permanent disabilities
In cases of permanent disabilities such as paralysis, loss of limb, or traumatic brain injury, settlements tend to be higher due to the lifelong impact on the victim's quality of life. Both economic and non-economic damages are claimable here — more detail on these types of damages are further down in this guide!
Temporary harm
Temporary injuries like soft tissue injuries or fractures may still result in significant settlements, especially if they lead to prolonged recovery periods or chronic pain.
Again, both economic and non-economic damages apply here, but temporary injuries will likely result in much less economic damages. However, don't underestimate the amount of damages for psychological suffering from even the slightest injuries.
Medical and rehab costs
Calculating current and projected medical and rehabilitation costs is key in determining settlements for ride-sharing accidents. Here's an outline of what costs are assessed and factored into settlements:
- Medical evaluation
- Treatment plan (hospital stays, emergency room visits, and outpatient treatments)
- Surgical expenses
- Physical therapy
- Long-term care (home healthcare aides, nursing facilities, or assisted living arrangements)
- Assistive devices (wheelchairs, prosthetics, or mobility aids)
- Projected costs
- Documentation and Evidence
Liability
New York operates under a comparative fault system, meaning that each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the incident. This system can impact settlement amounts in ride-sharing accidents by determining the proportion of compensation each party is responsible for.
Liability in ridesharing accidents is typically determined by examining the actions of all involved parties, including the Uber or Lyft driver, other motorists, and pedestrians.
Evidence such as witness statements, traffic camera footage, and accident reconstruction reports play a key role in establishing fault. The more compelling the evidence supporting a party's claim of negligence, the greater their likelihood of receiving a favorable settlement amount.
Determining liability is, as you can imagine, very difficult to do without the necessary legal prowess. That's why taking on an experienced NY car accident lawyer is paramount.
Here's an excerpt from one of our clients, Gilberto Hernandez:
"Ajlouny Injury Law was hands down the best place I have been to. I got into a horrible car accident a few months ago and went to different places until I found them. The staff was excellent. The people helping with my case called me frequently to ask how I am doing, and did a great job of telling me exactly what they needed from me and made me feel welcomed."
Insurance coverage
In New York, both ridesharing companies are required to maintain insurance coverage to operate legally.
Lyft and Uber drivers are required to provide liability coverage for bodily injury and property damage. In New York, the minimum liability coverage limits are $100,000 per person, $300,000 per accident for bodily injury, and $50,000 per accident for property damage.
Uber and Lyft must also provide uninsured/underinsured motorist coverage, which protects passengers in the event they are injured by a driver who lacks adequate insurance coverage.
These insurance policies interact with personal injury claims in the following ways:
- If a passenger is injured while riding in an Uber or Lyft vehicle, they may file a personal injury claim against the rideshare company's insurance policy to seek compensation for their injuries.
- The insurance coverage provided by Uber and Lyft may vary depending on the "Period" in which the accident occurs.
These periods are defined as follows:
- Period 1: The driver is logged into the rideshare app but has not yet accepted a ride request. During this period, Uber and Lyft provide contingent liability coverage, with lower coverage limits compared to when the driver is actively transporting a passenger.
- Period 2: The driver has accepted a ride request and is en route to pick up a passenger. Both Uber and Lyft provide increased liability coverage during this period, which extends to the duration of the ride.
- Period 3: The driver is actively transporting a passenger to their destination. Uber and Lyft provide the highest level of liability coverage during this period, covering both bodily injury and property damage.
Damages available in ride-sharing accidents
In the event of a Lyft or Uber accident, passengers have several avenues for claiming compensation. It's important to be aware of the different types of damages available to ensure a comprehensive approach to your claim.
Economic damages
Economic damages refer to the tangible financial losses incurred by the victim as a direct result of the accident. In New York, claimants can recover various types of economic damages to compensate for their financial hardships:
- Medical expenses
- Lost earnings
- Property damage
These economic damages are calculated based on actual financial expenditures incurred by the victim and documented through invoices, receipts, medical bills, pay stubs, and other relevant financial records. By quantifying these tangible losses, claimants can seek appropriate compensation to offset their financial burdens resulting from the accident.
Non-economic damages
Non-economic damages are the intangible losses that a victim experiences as a result of their injuries, rather than direct financial costs. These damages are more subjective and may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Quantifying non-economic damages poses significant challenges, as these losses are subjective and cannot be easily measured in monetary terms. Unlike economic damages, which have clear financial documentation, non-economic damages rely heavily on the subjective experiences and perceptions of the victim.
In settlement negotiations, lawyers may use various methods to argue for non-economic damages such as medical evidence, psychological evaluations, witness testimonies, and comparative analysis.
Ultimately, the goal is to effectively convey the human toll of the accident and persuade the insurance company or opposing party to recognize and compensate for the victim's non-economic losses in addition to economic damages.
That's where our expertise comes into play. Contact us today for a free consultation so we can discuss next steps and get you the legal aid you deserve.
What to do after an Uber or Lyft accident in New York
Navigating the aftermath of a rideshare auto accident in New York can be bewildering. From ensuring your safety to understanding your rights, each step matters. Let’s explore the essential actions to take after such an incident to protect yourself and seek the support you need.
- If you can, move to a safe spot and activate hazard lights to warn other drivers of the situation. This helps prevent further accidents and ensures everyone's well-being.
- If you or anyone else is injured, don't delay seeking medical attention, even if injuries appear minor. Immediate medical care helps document injuries and ensures your well-being. Remember, some injuries may not show symptoms right away.
- Document the accident scene by taking photos of vehicle damage, road conditions, and any visible injuries.
- Collect contact information from witnesses and exchange insurance details with other involved drivers.
- Contact the ridesharing service to report the accident and start the claims process promptly. Provide detailed information about the incident, including the time, location, and any injuries sustained by passengers or drivers.
- Keep all relevant documents and records related to the accident, such as medical bills, police reports, insurance correspondence, and receipts for any expenses incurred due to the accident.
- Consult with a car accident attorney who specializes in ridesharing accidents.
The settlement process for Uber & Lyft accidents
- A ridesharing accident settlement process starts with filing a claim and providing detailed information to the insurance company.
- Subsequently, an investigation is conducted to assess liability, which may involve reviewing evidence and interviewing witnesses.
- Negotiations follow, where your attorney works to secure a fair settlement, a process that can take weeks or months.
- If a settlement cannot be reached, it may lead to a rideshare accident lawsuit, potentially extending the timeline.
- Once a settlement is agreed upon, compensation is received, though delays can occur due to various factors such as disputed liability or complex cases.
Should you hire a lawyer for your Uber or Lyft accident claim?
Passengers involved in ridesharing accidents should consider legal representation if they encounter challenges in navigating the claims process, face disputes over liability or compensation, or sustain injuries.
An experienced attorney specializing in ridesharing accidents can provide invaluable support by negotiating with insurance companies on behalf of the passenger, ensuring fair compensation for damages, and offering guidance on legal options.
Secure your settlement after a ride-share accident
Being involved in a ride-sharing accident can be a stressful experience, but being informed and prepared can make a significant difference. By following the steps outlined in this article, passengers can protect their rights and maximize their chances of receiving fair compensation for their injuries.
Remember to prioritize safety, seek medical attention promptly, document the accident thoroughly, and consider seeking legal representation if needed. At Aljouny Injury Lawyers, we specialize in handling ride-sharing accident cases and are here to help you navigate the complex legal process.
Contact us today for a consultation to discuss your specific situation and learn how we can assist you in seeking the compensation you deserve.
FAQs
Can I sue Uber or Lyft directly for injuries sustained in an accident?
In most cases, passengers injured in Uber or Lyft accidents can file a lawsuit against the rideshare company directly, especially if the driver was at fault. However, the process can be complex, and it's advisable to consult with a personal injury attorney to understand your legal options.
How long do I have to file a claim for an accident involving a ride-sharing service in New York?
In New York, the statute of limitations for filing a personal injury claim after a ride-sharing accident is typically three years from the date of the accident. However, it's essential to act promptly and consult with a lawyer to ensure compliance with all deadlines and legal requirements.
What if I'm partially at fault for the accident? Can I still receive a settlement?
New York follows a comparative fault system, allowing individuals to seek compensation even if they bear some responsibility for the accident. However, the settlement amount may be reduced based on the degree of fault assigned to each party. Consulting with a personal injury attorney can help determine the impact of partial fault on your case.
What are the potential consequences of settling without an attorney?
Settling a ride-sharing accident claim without legal representation may result in accepting a lower settlement amount than you deserve. An experienced attorney can help negotiate fair compensation, navigate complex legal processes, and ensure that your rights are protected throughout the settlement negotiations.