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New Rochelle Rideshare Accident Lawyer

Rideshare transportation has become a normal and routine part of our lives, getting us from point A to point B in a cost-effective and convenient way. Rideshare apps, such as Uber and Lyft, may have revolutionized the way we travel, but they require entrusting a stranger to drive with a reasonable duty of care. However, rideshare companies do not always properly vet their drivers, increasing the risk of an accident. 

If you have been injured in a New Rochelle rideshare accident due to a driver’s negligence, it may be challenging to hold them accountable without the representation of an experienced New Rochelle rideshare accident lawyer. At Lever & Ecker, PLLC, we have successfully represented many rideshare accident victims and can guide you through each step of the legal process. With our hands-on approach and a 99% success rate, we protect your best interests, from your initial free consultation to the resolution of your case. 

Liability in an Uber, Lyft, or Other Rideshare App Accident in New Rochelle 

Liability in a rideshare accident is determined on a case-by-case basis. Depending on the unique circumstances of your rideshare accident, one or more of the following may be held liable for your injuries and other accident-related damages: 

  • The Uber or Lyft driver 
  • Drivers or other involved vehicles
  • Involved third-parties 
  • Passengers 
  • The rideshare company 

When you suffer injuries in a rideshare accident, obtaining monetary compensation for damages can be more complex than with a typical vehicle accident, because Uber and Lyft liability insurance coverage is not always straightforward. For example, both liability and the amount of applicable insurance coverage can depend on whether the driver was actively engaged in rideshare tasks at the time of the accident, and can also depend on the location of the pickup and the intended route.

The lawyers at Lever & Ecker, PLLC, will investigate the details of the rideshare accident and determine liability and the amount of applicable insurance coverage based on the following: 

No-Fault Insurance Laws in New Rochelle 

New York is a no-fault state, which means if you suffer an accident in New Rochelle, you must rely on the personal injury protection provision of your own insurance policy to cover the cost of medical expenses and accident-related losses. The minimum amount of no-fault coverage required by New York law is $50,000 per injured person, but the insurance policy may provide a more significant amount of coverage if additional coverage was procured.

In addition to your no-fault claim, you can file a car accident personal injury lawsuit against the negligent driver if you suffered injuries that qualify under the law as “serious injuries,” including the following:

  • Death
  • Dismemberment
  • Fractured bones
  • Significant disfigurement
  • Loss of a fetus
  • Permanent loss of a body organ, member, or system function
  • Permanent limitation of an organ, member, or system 
  • Significant limitation of body function
  • Inability to perform your usual and customary activities of 90 out of the first 180 days following the accident

No-fault insurance aims to simplify the process of obtaining medical treatment following a car accident by eliminating the need to allocate fault. The experienced lawyers at Lever & Ecker, PLLC can assist you to secure the compensation you deserve, especially if the insurance company is delaying, denying, or seeking to minimize your claim.

The Driver Was Not Actively in Rideshare Mode 

If the Uber or Lyft driver was not actively in the rideshare app, they were not in rideshare mode. If that is the case, then the driver’s individual insurance coverage, as opposed to that offered by the rideshare company, applies in the event of an accident. To be employed by Uber or Lyft, drivers must procure their own auto insurance policies, meeting the state minimum amount of liability coverage: 

  • $25,000 for bodily injury for one individual 
  • $50,000 for bodily injury for multiple individuals
  • $50,000 for the death of one individual
  • $10,000 for property damage

If you suffered injuries satisfying the serious injury threshold, you may seek compensatory damages in a rideshare accident lawsuit with the representation of the experienced New Rochelle rideshare accident attorneys at Lever & Ecker, PLLC. 

The Driver Was Actively Waiting on a Ride Request 

If a rideshare driver in New Rochelle is actively waiting on a ride request and the app is on, Uber or Lyft requires the insurance policy to provide at least $75,000 for bodily injury to or death of one person in any one accident; at least $150,000 for bodily injury to or death of two or more persons in any one accident; and at least $25,000 for injury to or destruction of property of others in any one accident.

With the representation of an experienced New Rochelle rideshare accident lawyer, you may significantly improve your chances of success in pursuing the complete compensation you deserve. We can investigate the details of your rideshare accident to obtain the necessary evidence to prove the status of the driver at the time of the accident. 

The Driver Was Actively in Rideshare Mode

The State of New York requires ridesharing companies to provide insurance coverage to rideshare passengers and drivers from when a driver accepts the ride request until the ride is completed. However, coverage applies differently in New York, depending on where the Uber or Lyft trip originated. Specifically, if your Uber or Lyft picked you up outside the five boroughs (Brooklyn, Queens, Bronx, Manhattan, or Staten Island), such as in New Rochelle, then the insurance policy for the Uber or Lyft must provide at least $1,250,000 for bodily injury to or death of any person and supplemental uninsured/underinsured (“SUM”) insurance of $1,250,000 and personal injury protection (“no-fault”) insurance. 

On the other hand, if the Uber or Lyft pick you up within the five boroughs, then the insurance coverage is set by the New York City Taxi and Limousine Commission (NYC TLC) which only requires vehicles to maintain coverage limits of $100,000 per person and $300,000 per accident maximum for bodily injury and $25,000 per person and $50,000 per accident maximum SUM coverage, along with no-fault insurance coverage. The above insurance coverage requirements for ridesharing vehicles are found in Article 44-B of the New York Vehicle and Traffic Law (“VTL”). 

Recoverable Damages in a Successful New Rochelle Rideshare Accident Case 

The recoverable damages in a successful rideshare accident lawsuit can vary significantly, depending on the unique circumstances of your case. Both present and future economic and non-economic losses may include the following: 

  • Pain and suffering (past and future)
  • Disability
  • Lost wages and income (past and future)
  • Mental anguish
  • Medical expenses and physical therapy
  • Property damage

The New Rochelle rideshare accident attorneys at Lever & Ecker, PLLC, can determine the types of compensation you may be entitled to, given the rideshare accident you suffered. 

Contact the New Rochelle Rideshare Accident Lawyers at Lever & Ecker, PLLC 

If you have been harmed in a rideshare accident in New Rochelle due to Uber or Lyft driver negligence, retain an experienced rideshare accident lawyer at Lever & Ecker, PLLC. We have 65+ years of combined legal experience advocating for New Yorkers’ rights and are prepared to go to trial if necessary.

Schedule a no-cost consultation with one of our award-winning New Rochelle lawyers at (914) 288-9191 or (718) 933-3632, or fill out our contact form.

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Pedestrian struck by bus/wrongful death following lengthy conscious pain and suffering

Tragic bus collision involving pedestrian in crosswalk, causing catastrophic injuries which ultimately resulted in pedestrian’s wrongful death two weeks later. Lever & Ecker, PLLC, was able to obtain $12 million in compensation on behalf of the pedestrian’s surviving family. Not only was this settlement (the specific terms of which are confidential) one of the largest personal injury settlements in New York in 2020, we were able to resolve the case at an early stage, allowing the family to obtain a measure of closure and avoid the trauma of reliving the experience in court.

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