A Rideshare Driver's Life-Changing Collision on the Major Deegan Expressway
Our client, a 31-year-old rideshare driver from Westchester County, was working a full-time shift when another driver rear-ended his vehicle at high speed on the Major Deegan Expressway in the Bronx. The collision forced our client into the highway barrier, deployed his airbags, and left his vehicle facing the opposite direction of travel. He suffered neck, back, and hip injuries that ultimately required two surgeries. Our firm pursued claims against both the at-fault driver’s insurance company and the rideshare company’s insurance carrier, recovering more than $1 million on our client’s behalf.
A Westchester Rideshare Driver Left Searching for Better Representation
At the time of the collision, our client worked full time as a rideshare driver to support himself. He had picked up a passenger in Scarsdale and was en route to a destination in the Bronx when the collision occurred.
Our client did not come to Lever & Ecker, PLLC right away. Another law firm represented him for a significant period of time before he decided he deserved better communication about his own case. He researched several firms online, read through client reviews, and ultimately reached out to our Westchester County personal injury lawyers because of what those reviews said about consistent, attentive communication throughout the legal process.
Our client found us after carefully researching his options, and what stood out to him in our reviews was our commitment to communication. He deserved to know exactly where his case stood at every stage, and that is precisely what he found when he came to our firm.
A Wet Highway, an Erratic Driver, and a High-Speed Rear-End Collision
The collision began when an uninvolved vehicle passed at an alarming rate of speed in the left lane of the Major Deegan Expressway. In an apparent attempt to avoid that vehicle, the driver who caused the collision merged quickly back into his own lane. Proceeding too fast for the wet roadway, he lost control of his vehicle and struck the rear of our client’s car.
The impact forced our client’s vehicle into the highway barrier. His airbags deployed, and the vehicle came to rest facing the opposite direction of travel. Emergency responders transported our client from the scene to the hospital, where he reported the following:
- Neck pain
- Back pain
- Hip pain
Conservative treatment, including physical therapy and injections, did not resolve his injuries. He ultimately underwent two surgeries: one to his lumbar spine and one to his cervical spine.
Untangling Layers of Rideshare Insurance Coverage in New York
Rideshare accident cases in New York involve layers of insurance coverage that depend on where a trip originates. We identified which layers applied to our client’s circumstances and pursued each one accordingly, including:
- Trips that originate within the five boroughs of Manhattan, Queens, the Bronx, Staten Island, and Brooklyn fall under coverage governed by the Taxi and Limousine Commission, providing $100,000 in coverage
- Trips that originate outside the five boroughs, such as our client’s trip that began in Scarsdale, fall under a different tier of coverage, providing significantly more protection for injured claimants
- The driver who caused the collision carried only the minimum insurance coverage required under New York State Insurance Law
- Because our client’s trip originated outside the five boroughs, the rideshare company’s insurance policy provided up to $1,250,000 in uninsured/underinsured motorist coverage
The level of coverage that applies to a rideshare accident depends heavily on details many people would not think to ask about, such as where the trip began and whether the driver was actively engaged in a ride. Understanding those nuances is often what separates a full recovery from a limited one.
Building a Case Across Two Insurance Claims
We built our client’s case in two stages:
- We first pursued a claim against the at-fault driver and his insurance company
- We then pursued a separate uninsured/underinsured motorist claim against the rideshare company’s insurance carrier for $1,250,000, accounting for the offset from the driver’s insurance recovery
Throughout the process, our New York auto accident lawyers gathered our client’s medical records, documented the ongoing nature of his injuries, and worked to confirm the correct layer of rideshare coverage applied to his circumstances.
Overcoming an Insurance Doctor's Claim of Full Recovery
The insurance company for the at-fault driver retained its own physician to examine our client and review his medical records. That physician acknowledged our client’s two surgeries were due to the collision but concluded our client had fully recovered, with no long-term limitations and no need for future treatment.
We worked to demonstrate otherwise. We retained a medical expert to independently evaluate our client and review his complete medical history. That expert prepared a life care plan accounting for our client’s age and projecting the treatment he would likely require over the course of his lifetime, including:
- Physical therapy for flare-ups and exacerbations
- Ongoing follow-up with spine surgeons and pain management specialists
- Periodic MRIs and X-rays to monitor the hardware in his spine
- An elevated risk of adjacent segment breakdown, a condition in which the spinal levels above or below a fusion site face increased pressure and a higher likelihood of future injury, including the need for future revision spinal surgery
An economist then calculated the projected cost of that lifetime care, adjusted for inflation.
Even though this case never reached a jury, building out the full scope of our client’s future medical needs shifted the risk back onto the insurance company and pushed the case toward a resolution that reflected a true picture of his future medical needs going forward.
A Resolution That Reflected the Full Scope of Our Client's Future Needs
We recovered more than $1 million on our client’s behalf, combining the claim against the at-fault driver’s insurance company with the uninsured/underinsured motorist claim against the rideshare company’s insurance carrier.
Our client left treatment in better condition than when it began, though he continues to face long-term complications from his injuries. Because he was working at the time of the collision, his ongoing medical treatment also remains covered separately through workers’ compensation benefits.
Reaching a resolution that accounted for his full future medical needs meant our client could move forward in a better health condition than when he first came to us. It also gave him room to focus on his own goals, including his interest in pursuing a new profession and the ability to give back to his community.
What Rideshare Drivers and Passengers in New York Should Know About Their Legal Options
Rideshare accident cases carry legal nuances that many drivers and passengers do not realize apply to them. Our case demonstrates several important takeaways:
- Rideshare drivers, not only passengers, are entitled to pursue legal options following a collision
Regardless of fault, individuals injured in a motor vehicle collision are entitled to have their medical bills paid for, whether through no-fault insurance or, in the case of a working rideshare driver, workers’ compensation benefits - The location where a rideshare trip originates may significantly change the insurance coverage available to an injured claimant
- A driver’s status at the time of a collision, including whether he was engaged in a ride, responding to a request, or simply logged into the rideshare app, may also affect available coverage
- Insurance companies may attempt to argue that injuries have fully resolved; building a complete picture of long-term medical needs, including future treatment and life care planning, is often necessary to secure a full and deserved recovery
If you were injured in a rideshare accident, whether as a driver or a passenger, our New York personal injury lawyers at Lever & Ecker, PLLC will handle the legal process on your behalf. We listen to you, guide you, and handle what needs to be done as soon as possible.
Contact the award-winning New York personal injury lawyers at (914) 288-9191 or (718) 933-3632 for a consultation.
