What Compensation Is Available for a Rideshare Accident in NYC?
Since New York is a no-fault insurance state, rideshare victims will first look to secure compensation from their insurance carrier. In some cases, it may be possible to file a lawsuit to seek compensation above and beyond what is available. However, rideshare insurance regulations are generally far more complicated which is why it’s best to seek legal guidance.
Understanding insurance coverage for rideshare accidents
New York is a no-fault state when it comes to car accidents. This means that it is not necessary to prove fault before securing compensation. As noted above, it also means that individuals are required to seek compensation from their insurance carrier—but there are exceptions. Also, Uber and Lyft drivers need additional insurance coverage beyond their personal auto insurance. New York State sets its minimum insurance requirements for rideshare drivers.
However, it should be noted that the minimum requirements within New York City are even higher, which is good news for injured victims. These standards are established by the Taxi and Limousine Commission (TLC). The TLC requires most rideshare vehicles to carry minimum liability coverage: $100,000 per person, $300,000 per accident, $200,000 for personal injury protection, and $10,000 for property damage liability.
As generous as these minimum requirements might seem, it’s not unusual for a severe accident to cause injuries and property damage that exceeds these thresholds. When this happens, it becomes even more important to consult a personal injury lawyer, as you may have the basis to file a rideshare accident lawsuit.
When can you file a rideshare accident lawsuit?
If your losses cannot be adequately compensated for by the insurance coverage, you might consider filing a lawsuit against the at-fault party. To do this– you must meet the “serious injury” threshold, as specified by Section 5102(d) of New York’s insurance law. The following are considered serious injuries that provide the basis for an accident lawsuit:
- Significant disfigurement
- Loss of a fetus
- Permanent limitation of the use of an organ or bodily member
- Permanent loss of the use of a bodily function, system, organ, or member
- Significant limitation of a bodily system or function
- A non-permanent injury or impairment that prevents the victim from performing their normal activities of daily living for 90 or more days during the 180 days following the accident
It’s important to note that to qualify for the serious injury threshold, all injuries must be objectively verified in the victim’s medical records. This is one reason why it’s critical to seek medical attention immediately after a rideshare accident– even if you don’t think you’re seriously injured.
Types of compensation available to rideshare accident victims
If you do not meet the serious injury threshold and must secure compensation from an insurance carrier, you will be compensated for your accident-related medical expenses. These may include diagnostic and treatment costs, hospitalization, and pharmacy expenses. It may also include the cost of physical rehabilitation—as well as compensation for your lost wages. You will need to submit proof of your employment along with a doctor’s verification that your accident injuries prevented you from working.
If you meet the serious injury threshold and choose to file a lawsuit, you could receive other types of compensation. In addition to being reimbursed for your medical expenses and lost wages, you might also sue for pain and suffering caused by your injuries. It’s also possible to pursue compensation for loss of enjoyment of life and loss of consortium. These types of non-economic damages are only recoverable if you file a rideshare accident lawsuit. They are not available for victims who recover reimbursement from an insurance claim.
Contact us for a free consultation
At Douglas & London, we understand that car accidents are stressful and have long-lasting consequences. Let us handle your claim for you so you can focus on your health. Our New York City car accident lawyers have recovered over $4 billion in settlements and verdicts. Call us today to request your free consultation with an experienced NYC Lyft accident lawyer.