Bronx Ridesharing Lawyer

Countless residents of the Bronx and the other boroughs of New York City rely on ridesharing to get to work, school, shopping, and back home.

The prevalence of ridesharing services does not make an Uber or a Lyft vehicle safer than your car. You can be hurt if you are driving and get into an accident involving a rideshare driver. Passengers in rideshare vehicles are also exposed to unique dangers from the drivers of these vehicles.

You may have been hurt because a rideshare driver crashed into your vehicle. Or perhaps you were a passenger in an Uber or Lyft car and sustained injuries in a crash caused by another driver.

No matter the circumstances of your injury or the extent of your harm, you have legal rights, including the right to receive compensation for your injuries and losses.

The laws surrounding rideshares and their liability are complex and confusing. It’s a good idea to get in touch with a Bronx lawyer who has experience guiding injury victims through the legal process to recovery. Contact Ivan Diamond Bronx Personal Injury Attorney, your Bronx ridesharing lawyer.

New York Laws Applicable to Rideshares

New York’s Title 8, Article 44-B contains several provisions that apply to rideshare accidents. The laws in this article apply to transportation network companies, which include rideshare companies like Uber and Lyft.

Your ridesharing attorney needs to know these laws inside and out and understand how they can affect your accident case. These provisions include:

Section 1693—Financial Responsibility of TNCs

Section 1693 describes the financial liability coverage that rideshare drivers and companies must maintain. These coverage requirements differ depending on the stage of the rideshare trip.

The minimum coverage the driver or company must keep will depend on whether the driver is logged into the rideshare company’s website and whether the driver is actively completing a trip.

One coverage requirement applies when a driver is logged into the company’s network but is not actively engaged in providing a trip to a customer.

In this situation, one or more policies carried by the company or driver must provide at least $75,000 in benefits for the bodily injury or death of one person and $150,000 in benefits for the bodily injury or death of two or more individuals. In addition, there must be at least $25,000 in benefits for property damage.

However, when a driver is giving a customer a ride, those minimum requirements increase to at least $1,250,000 in benefits per accident.

Ivan M. Diamond is intimately familiar with these insurance requirements and the benefits you can expect to receive if you suffer an injury in a rideshare accident.

Section 1696—Requirements of Rideshare Drivers and Vehicles

Section 1696 requires that drivers for rideshare companies first apply to the rideshare company and provide their:

• Address
• Age
• Driver’s license
• Vehicle registration
• Auto liability insurance coverage

This statute also requires the rideshare company to conduct criminal background checks on prospective drivers. It must also review each prospective driver’s driving history.

The rideshare company cannot permit someone to drive for the company who:

• Was recently convicted of certain criminal offenses
• Is on the Department of Justice’s National Sex Offender Public Website
• Is listed in New York’s sex offender registry
• Does not have a valid New York driver’s license, proof of adequate insurance to provide rides, and proper vehicle registration
• Is under 19 years old

If a rideshare company negligently or knowingly permitted an unqualified driver to offer rides, and that driver injured you, you may seek additional compensation.

Section 1697—Records Maintenance Requirements

Finally, Section 1697 obligates rideshare companies to maintain certain business records. For example, a company must maintain documents about trips provided by each of its rideshare drivers for at least six years from the date of the trip.

Similarly, a rideshare company must maintain each driver’s records for at least six years after the driver’s relationship with the company ends. These records can include the information the driver provided at the time of their application, along with any incidents that occurred while the driver was working for the rideshare company.

Ivan Diamond Bronx Personal Injury Attorney knows how to obtain these records and how to use them effectively to support your claim for damages. Contact the firm today if you need a ridesharing lawyer.

How Insurance Works in a Ridesharing Accident

Like any other type of motor vehicle accident, compensation after a ridesharing accident will typically come from benefits paid by an insurance company. The specific activity the rideshare driver is engaged in during the crash will dictate which insurance policy will be primarily responsible for paying compensation.

When the Rideshare Driver Is Not Logged in to the Rideshare Network

A rideshare driver’s personal insurance policy will pay the claims of those injured in a crash that happens when the rideshare driver is not logged in to the rideshare company’s network. The minimum coverages listed in Title 8, Article 44-B, Section 1693 would not apply in this situation

When the Rideshare Driver Logs in to the Rideshare Network

Section 1693 and its minimum coverage requirements come into play when the driver is logged into the rideshare network and available to provide trips. In this situation, the policy maintained by the driver or rideshare company would be the primary source of compensation for an accident victim.

Whether the driver was actively providing a ride or not affects only the minimum amount of coverage available to victims.

Complex Questions Involving Insurance in a Rideshare Accident

The insurance waters can quickly become murky after a New York rideshare accident. Having an experienced Bronx ridesharing attorney by your side is crucial to pursuing compensation in the following complicated circumstances:

New York’s No-Fault Insurance Laws and Rideshares

New York’s no-fault insurance laws mandate that drivers have personal injury protection (PIP) coverage to provide immediate benefits to the insured of up to $50,000. You receive these benefits regardless of who caused the crash.

When an accident results in serious bodily harm exceeding your PIP coverage limits or when you suffer a catastrophic injury, a claim against the at-fault driver may become available.

A Rideshare Driver Struck You and Caused Injury

If a negligent rideshare driver hits your vehicle, your insurance provider will step in and provide immediate benefits to you. The fault of the rideshare driver is not material unless your injuries are serious or your losses significant. At that time, you could bring suit against the at-fault rideshare driver.

You Struck a Rideshare Vehicle

Similarly, your PIP coverage will be your first source of benefits if you crash into another driver’s rideshare vehicle. Your Bronx ridesharing lawyer could evaluate the specific facts of your case and may identify additional sources of compensation available to you if your policy does not cover the entirety of your losses.

You Were Riding as a Passenger in a Rideshare Vehicle When You Were Hurt

The PIP insurance of your rideshare driver will typically cover you if you are injured in a crash while on a ride. If you sustained serious injuries as defined by New York law, then the at-fault driver—whether your Uber or Lyft driver or a third-party driver—could be responsible for additional compensation you may need.

Your Uber or Lyft Driver Should Not Have Been Driving

There may be additional complexities in your case requiring the assistance of a Bronx ridesharing lawyer. If your rideshare driver did not qualify under New York law to operate as such, compensation might be available for the harm the driver has caused.

New York law requires rideshare companies to perform certain background checks to ensure prospective drivers are legally eligible to drive. Suppose that a rideshare company skips these background checks and allows an unqualified driver to operate on its network. The company may be liable for the misdeeds and negligence of the driver.

Speak to Ivan Diamond Bronx Personal Injury Attorney, your ridesharing lawyer, about your specific legal rights in this situation.

Serious Injuries Under New York Law

Because of New York’s no-fault insurance system, you can expect your PIP policy to cover your injuries and losses to a certain extent.

The law requires each driver to have PIP coverage that pays at least $50,000 in benefits in the event of a crash. Your insurance company will pay these benefits to you, and your eligibility for them does not depend on who caused the crash.

In a no-fault insurance state like New York, the availability of benefits through a PIP policy operates to prohibit fault-based auto crash lawsuits. These lawsuits are only available in certain circumstances.

If you attempt to bring such a lawsuit, you must show that one or more of these circumstances exist. In addition, you are not eligible for damages for pain and suffering unless you demonstrate that you qualify to file an injury lawsuit.

Do not let this hurdle dissuade you from seeking legal counsel. You might file a lawsuit if you incurred a basic economic loss that exceeded $50,000 or the limits on your PIP policy, whichever is greater. A qualifying loss could include medical bills or ongoing treatment costs.

Another circumstance that could justify filing a fault-based lawsuit against the driver who caused your crash and resulting injuries is if you suffered serious injuries.

A serious injury includes:

• Disfigurement
• Fractures
• Loss of a fetus
• Loss of a body organ or limb

In addition to these examples, a serious injury includes any injury that significantly limits your ability to complete daily activities, lasts for at least 90 days, and commences within 180 days of your accident.

Your ridesharing lawyer can advise whether you sustained a serious injury in your ridesharing accident. This information can help you decide whether to file a personal injury lawsuit.

Succeeding in an Uber/Lyft Rideshare Injury Lawsuit

Suppose that you and your Bronx ridesharing attorney pursue compensation through a lawsuit against an at-fault driver or another person responsible for your injuries. In that case, you will need to prove three propositions to succeed. These propositions are:

Someone Acted Negligently

The law requires people and companies to act reasonably carefully to avoid unnecessarily harming others. A person who fails to do this is said to act carelessly (or, in legal terms, negligently). Your case should establish that no other reasonable person would have done what the at-fault party did because of its likelihood to cause injury.

The Negligent Conduct Injured You

Next, your injury lawsuit should show that the negligent conduct is the thing that led to your accident and resulting injuries. For your claim to proceed, there must be a causal connection between the two.

You Suffered Compensable Injuries

Last, the accident caused by the negligent conduct must have resulted in injuries to you that can be compensated through a monetary damages award.

While money can never repair permanent disfigurement or make broken bones heal any faster, there must be some manner in which financial compensation can help make you whole. Medical bills, lost wages, and pain and suffering are all examples of compensable losses in an injury lawsuit.

Contact Ivan Diamond Bronx Personal Injury Attorney Today

If a rideshare accident hurt you in any way, protected your rights and pursue all available compensation for your injuries. Call Ivan Diamond Bronx Personal Injury Attorney as soon as possible and get experienced, knowledgeable help investigating your case and determining your legal rights.

Contact Ivan Diamond Bronx Personal Injury Attorney today at (718) 588-2000 to start your legal recovery.

Work With Our Bronx Rideshare Accident Attorney

Whether you were riding in a rideshare accident, an innocent rideshare driver, or any other party, your recovery may depend on an experienced Bronx personal injury lawyer.

Consult with Ivan Diamond Bronx Personal Injury Attorney right away about your case and your chances of obtaining compensation.

Contact us today at (718) 588-2000!

Ivan Diamond Bronx Personal Injury Attorney
888 Grand Concourse Suite #1L, 10451
(718) 588-2000

Client Testimonial

“Mr. Ivan Diamond is the definition of professionalism hard work. He’s my first experience with a lawyer (I retained him to represent me in two separate instances) ... and he made it a pleasant one! He’s VERY hands on, very attentive, asked the questions, consistently checked up on me and prepared me for any and every possibility. Extremely knowledgeable. I recommend Mr. Diamond to friends and family who we’re all happy with outcome of their personal injury case’s. I consider Mr. Diamond to be family, because that’s how hard he worked for me and expressed real compassion for my circumstances. Hiring Mr. Diamond is a decision you will never regret..” -Bia S.

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January 2020