Rideshare pickup and drop-off zones can be dangerous places. Speeding oncoming traffic and distracted drivers strike rideshare vehicles and riders more often than we would like to think.
Other times, rideshare drivers themselves cause accidents while picking up or dropping off. Under New York law, the question of who is liable for an accident in these zones can be complicated, as it depends on the type of accident, whether you were driving at the time, and other factors.
I’ll give you more information below, or to speak to a New York rideshare accident attorney about your potential case, get in touch with Buttafuoco & Associates for a free consultation at 1-800-NOW-HURT.
How New York Laws Affect Rideshare Claims
Under New York Vehicle and Traffic Law (VAT), any person who owns a vehicle in New York must have insurance to cover any accident they cause. This includes $25,000 in bodily injury coverage, $50,000 in coverage for any person you injure while driving, and $10,000 for property damage.
New York no-fault insurance laws also require all vehicle owners to carry $50,000 in Personal Injury Protection coverage, known familiarly as PIP coverage. This includes rideshare drivers. If an off-the-clock rideshare driver causes your injuries as a pedestrian in a pick-up/drop-off zone, their insurance will be relied on first to cover your compensation. Likewise, if any other driver strikes you as a pedestrian in these zones, their PIP insurance will cover it. If, however, you are in your own vehicle at the time you are injured, your own insurance will first be utilized because of New York’s no-fault laws.
Rideshare companies themselves must also carry sufficient liability insurance to cover accidents. If you are a passenger who has summoned a rideshare and you are injured in the pickup or dropoff zone while the driver is on the clock, the driver’s bodily injury insurance, followed by the rideshare company’s insurance will first be utilized to cover expenses for any injuries you have sustained.
In addition, if your injuries qualify as serious under New York law, you can sue for non-monetary damages such as pain and suffering. A serious injury is defined as:
- Death
- Loss of a limb
- Significant disfigurement
- Fractures
- Loss of fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent and/or significant limitation of the use of a body organ, member, function, or system
Under New York law, rideshare companies are required to carry $1,250,000 in bodily injury coverage per accident. If the driver is on duty at the time of the accident and the driver’s PIP insurance does not cover the extent of the victim’s medical compensation, the rideshare company’s insurance will next be utilized.
What if a Rideshare Driver Causes My Injuries
If you are not the person who summoned a rideshare–a pedestrian, for example, or cyclist–and you are struck and injured by a rideshare driver in a pickup or dropoff zone, your injury claim will either go through the driver’s personal insurance or through the rideshare company.
Again, this depends on the details of the situation: whether the driver’s rideshare app is on or off, and whether they are considered “on the clock” according to the company they drive for. You may need to seek legal clarification on how to proceed with your claim in this case, as determining fault can be challenging.
What To Do After a Rideshare Accident
It is important to take the proper steps after a rideshare accident to secure your compensation. First, call emergency responders to make sure police investigate the situation and file an accident report. Additionally, download your ride information from the rideshare app to capture the day and time of the accident.
Take photos of the accident scene, ask witnesses for statements, seek immediate medical care, preserve all medical records, and attend all medical appointments recommended to you. In addition, you should personally report the accident to the rideshare company. You can typically do this online at the rideshare company’s website.
If a rideshare company tries to settle quickly, take the time to consult with a personal injury attorney to ensure that your rights are being upheld. At Buttafuoco & Associates, we will fight for your rights against large corporations to maximize the compensation you recover.
Have questions about your accident claim? Call 1-800-NOW-HURT for a free consultation.
