Millions of individuals use Uber and other rideshare services daily in the United States. While Uber may be a convenient travel option for some, especially those in crowded urban areas, ridesharing is not risk-free. Uber’s own statistics reveal that between 2019 and 2020, 91 Uber-related crashes resulted in 101 fatalities. New York’s no-fault insurance structure means that in the event of a crash, each driver’s insurance company will pay the claims of its insured. There are situations where you could pursue compensation against the at-fault party and their insurance company. However, this does not mean Uber is likely to be responsible for your damages. Please continue reading as our Uber injury lawyer explains.
Overview of Uber’s Insurance and How It Operates
Uber requires its drivers to carry insurance coverage that meets the minimum insurance requirements for their state. The personal policies of Uber drivers cover them while they are not logged into the app and are not accepting riders.
When the driver logs into the app, Uber’s insurance covers the driver in the event of a car accident. The benefits available to pay any claims will depend on whether the driver logs in and has accepted a fare or is merely logged in and available for fares.
In either event, Uber’s insurance is primarily responsible for paying claims, and the driver’s personal insurance would be secondary.
Bringing a Car Crash Lawsuit in New York
If you suffer a severe injury in a car crash, as the law defines that term, you may be able to bring a claim against the at-fault party’s insurance or against the party directly. A lawsuit of this nature can provide additional, more complete compensation when you have exhausted the benefits of your personal policy.
Generally, when an at-fault driver was working and engaged in their employment at the time of the wreck, that driver’s employer is also liable. If you did not bring suit against the employer, the employer would indemnify their employee.
Uber Drivers Are Not Employees of the Company
With all this in mind, it may be surprising to learn that car accident lawsuits rarely succeed against Uber. This lack of success is attributable to the fact that Uber considers its drivers to be independent contractors, not employees.
Unlike an employee, whom the employer can control and direct, employers typically do not exercise control over the day-to-day activities of independent contractors.
Need Help Pursuing Full Compensation After an Uber Wreck?
New York designed its no-fault insurance scheme to make receiving compensation easy. However, having a New York Uber injury lawyer working on your case when a rideshare driver is involved can help you receive the compensation you need.
The Law Offices of Kenneth Hiller, PLLC and our Uber injury lawyers are resourceful and can help handle claims denied by your insurer and car accident cases involving severe injuries.
Let us discuss with you the compensation you might receive for your case. Contact our offices and ask for a free case evaluation with our legal team.