Can I Sue if I Was Hit by an Uber Driver as a Pedestrian in NYC?

If you were struck by an Uber driver while on foot in New York City, you have the right to file a lawsuit to recover your damages. Not only can you bring your claim against the negligent driver, you can also pursue legal action against any other entity who might be liable. There is limited case law on whether it is possible to sue Uber directly for an accident. However, in some situations, Uber will provide extensive insurance coverage for its drivers.

Despite these options, recovering the compensation you deserve is never guaranteed. To give yourself the best opportunity to rebuild your life, contact an NYC Uber accident lawyer today.

Filing suit against Uber or their driver

Pursuing a lawsuit following a New York City Uber accident is possible, but the process can be more complicated than in other jurisdictions. New York is a “no-fault” state, meaning that motorists are required to turn to their own insurance following an accident– before pursuing a claim against the at-fault party.

In addition, although many pedestrians do not carry insurance while traveling on foot, you might be surprised by the available coverage. Some comprehensive auto policies cover individuals even if they are struck by a car while they are walking. What’s more, specific homeowner policies could do the same.

State law does allow lawsuits in cases involving serious injuries, such as:

  • Results in damages over $50,000
  • Causes a wrongful death
  • Results in permanent injury or disfigurement
  • Causes severe limitations or loss of function

Whether or not your injuries rise to the level that would allow a lawsuit is a legal question best left to your attorney. Before moving forward with a claim following your pedestrian accident, contact an NYC Lyft accident lawyer right away.

Uber insurance coverage for pedestrian accidents in NYC

Many times, compensation is available through an insurance claim without the need for ever filing a lawsuit. Uber drivers are required to carry liability insurance like any other motorist in New York. However, they must also purchase commercial driver’s insurance that complies with the Taxi and Limousine Commission (TLC). Typically, this minimum coverage provides up to $100,000 per person for medical expenses and as much as $300,000 per accident. Their policies must also provide $10,000 in property damage coverage as well.

What’s more, Uber supplements that coverage substantially in many cases. Yet, the amount provided by Uber depends on the circumstances. If you were struck by an Uber driver who was not carrying a passenger or seeking one on their app, their policy will not be in effect. If the driver was actively using the app but did not have a passenger in the car at the time of the collision– Uber will provide limited insurance coverage beyond what the driver already carries.

Further, in cases where you are struck by an Uber driver carrying a passenger, the insurance coverage available to you could be substantial. In this situation, they provide up to $1 million in coverage for an accident.

Determining what insurance provider is responsible for your claim is complex. Thankfully, you do not have to undertake this challenge on your own. Experienced New York City car accident lawyers can guide you through the claims process and bring legal action on your behalf when necessary.

Contact us for a free consultation

If you have been struck by an Uber driver while on foot, you no doubt have questions about your legal rights. Never assume you are not entitled to pursue monetary compensation for your injuries. For answers to your questions, reach out to a personal injury lawyer with Douglas and London today.