Rideshare Accident Attorney in New York

Types of Compensation Available in New York Rideshare Accident Claims

The primary objective of a personal injury claim is to recover financial compensation for all losses suffered due to a rideshare accident. Damages in New York typically fall into three main categories:

Economic Damages:

• Past and future medical expenses (emergency care, surgeries, therapies, medications, assistive devices).
• Lost wages and income.
• Loss of future earning capacity.
• Property damage (vehicle repair/replacement).
• Other out-of-pocket expenses directly related to injury and recovery (e.g., transportation for medical appointments).

Non-Economic Damages:

• Pain and suffering (physical agony, chronic discomfort).
• Mental anguish, psychological trauma, and emotional distress.
• Permanent disfigurement and scarring.
• Physical impairment and permanent disability.
• Loss of enjoyment of life (inability to participate in hobbies, activities).
• Loss of consortium (negative impact on spousal/family relationships).

Punitive Damages:

• Awarded in rare cases for grossly negligent, malicious, or intentionally harmful conduct, to punish the wrongdoer and deter future similar behavior.

The Legal Process for Rideshare Accident Claims in New York

Navigating a rideshare accident claim involves a series of complex steps, with each case being unique.

1. Initial Consultation: Begin with a free, confidential consultation to evaluate your claim's merits and discuss legal options.
2. Investigation and Evidence Gathering: Launch a thorough investigation to collect police reports, medical records, witness statements, photos/videos, and crucial Uber/Lyft data.
3. Notice to Insurance Companies: Formally notify all relevant insurance carriers of the accident and intent to file a claim.
4. Demand Letter and Negotiation: Prepare and send a comprehensive demand letter to liable insurers, initiating settlement negotiations once injuries and damages are fully understood.
5. Filing a Lawsuit (If Necessary): File a personal injury lawsuit in New York civil court if settlement negotiations fail or the statute of limitations approaches.
6. Discovery: Engage in the formal information-gathering phase, exchanging documents, answering interrogatories, and conducting depositions.
7. Mediation/Arbitration: Participate in facilitated settlement discussions with a neutral third party, or proceed to arbitration if mediation is unsuccessful.
8. Trial: If settlement is not reached, present your case compellingly to a judge or jury, advocating for a favorable verdict and maximum compensation.
9. Appeal (If Necessary): Be prepared to continue advocating through the complex appellate process if a trial verdict is appealed by either side.

Frequently Asked Questions

Who Can Be Held Liable in a Rideshare Crash?

Liability depends on multiple factors, including whether the rideshare driver was logged into the app or actively transporting a passenger. The responsible party may be the rideshare driver, another motorist, or even the rideshare company itself. At Raiser and Kenniff, P.C., we conduct a thorough investigation into the timeline of the accident and examine all insurance policies involved to determine liability and build a strong case for compensation.

How Does New York’s No-Fault Insurance Apply to Rideshare Accidents?

Under New York’s no-fault system, your own insurance will typically cover medical expenses and lost wages, up to $50,000, regardless of who was at fault. However, if your injuries are deemed "serious" under state law, you can step outside the no-fault system and pursue further damages. Our attorneys can evaluate your injuries and help determine whether a personal injury lawsuit is the best path forward.

How Long Do I Have to File a Rideshare Accident Lawsuit in New York?

New York’s statute of limitations generally gives you three years from the date of the accident to file a personal injury lawsuit. However, if a government entity is involved, such as in accidents with MTA-operated rideshare partners, the deadline could be much shorter—sometimes as little as 90 days to file a notice of claim. Acting quickly ensures your legal rights are preserved and evidence is preserved.

Does It Matter If I Was a Passenger, Driver, or Pedestrian in the Accident?

Yes, your role in the accident can affect how your claim is handled. Rideshare passengers are typically covered by the driver’s commercial insurance, while pedestrians or bicyclists may have different coverage options depending on how the crash occurred. Our firm works with clients in all these roles and understands the nuances in each scenario, helping you receive appropriate compensation no matter your position during the accident.

Can I Sue Uber or Lyft Directly?

In most cases, you cannot sue Uber or Lyft directly unless you can prove the company was negligent—for example, by failing to properly screen or train their drivers. These companies often claim drivers are independent contractors to limit liability. However, our legal team knows how to examine the facts and determine whether a claim against the rideshare company itself is viable based on the details of your case.

SCHEDULE A FREE CONSULTATION