What to Know If You Are an Uber Driver Injured in an Accident
Within the last five years, the number of rideshare drivers on the road has increased significantly. While this has created an easy mode of transportation for New Yorkers and people across the country, it has also increased the risk of a rideshare-related accident. Unfortunately, Uber accidents happen all the time. If you are an Uber driver, you need to know your rights when you are involved in an accident.
At The Case Handler, we provide experienced representation for individuals who are injured in Uber and other rideshare accidents throughout New York. Our lawyers will help you understand your rights and will work with you to ensure you receive the largest financial recovery possible. Contact our office today to schedule a no-obligation case evaluation.
Are Rideshare Drivers Allowed to Sue Rideshare Companies for Injuries Sustained While Driving?
If you are an Uber driver injured in an accident, you may wonder whether you have the right to sue Uber for your damages. It is important to first understand New York’s no-fault insurance laws.
Generally, most people who are involved in an auto accident will use their own insurance policy to cover their medical bills and lost wages, regardless of who is at fault. Only when the injuries are “serious” can someone pursue a lawsuit against an at-fault or liable party.
New York’s serious injury threshold is codified under Section 5102 of New York’s Insurance Law. Serious injuries include those that involve disfigurement, bone fractures, loss of a fetus, and the loss or limitation of a part of your body.
Who Is Responsible for the Accident?
If you are an Uber driver who is injured in an accident caused by another party, you may be able to pursue a lawsuit against that driver if you were seriously injured. You must meet the serious injury threshold.
It is important to note that Uber carries significant insurance policies on behalf of their drivers in case of an accident. If you are injured in an accident, you may be able to file a claim against an applicable insurance policy to obtain compensation.
Are Uber Drivers Considered Independent Contractors?
One of the biggest obstacles for Uber drivers is that, in most states, they are considered independent contractors and not employees of the company. This classification prevents them from being treated and gaining the benefits of a normal employer-employee relationship. Multiple lawsuits, however, are trying to change this classification.
In New York, rideshare drivers are quickly gaining more benefits, including having access to workers’ compensation through New York Black Car Operators’ Injury Compensation Fund. Additionally, New York recently won a lawsuit against rideshare companies. Drivers who currently use the Uber or Lyft app will be entitled to guaranteed paid sick leave and other benefits.
Do I Need an Attorney?
As an Uber driver, suing the rideshare company for injuries incurred during an accident may still be challenging. It is important to consult with an attorney to determine whether you have a valid claim for damages. A lawyer can help assess what legal options are available to ensure you receive the compensation you deserve.
Contact Our Office to Schedule a Consultation
Were you injured while driving an Uber? Contact our office to schedule a no-obligation consultation. Our lawyers will help you determine the best course of action to get the compensation you need and deserve.
