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Uber & Lyft Accident Lawyer in Queens, NY

Uber or Lyft Car Accidents in Queens NY

Many people rely on rideshare apps to travel in New York City, where approximately 55% of all households don’t own a car. However, Uber or Lyft drivers don’t have additional training or licensing to improve road safety, and accidents happen. Insurance claims for accidents are complicated depending on whether a driver was actively transporting a customer at the time.

When you need a Queens Uber accident lawyer, contact our experienced attorneys at Elliot Ifraimoff & Associates. As your car accident lawyer in Queens, NY, we can help you pursue compensation for your medical bills, vehicle damage, and lost wages for time off from work due to your injuries.

Common Injuries in Uber or Lyft Car Accidents

Rideshare car crashes can cause severe injuries that lead to long-term pain or limitations. Common injuries in rideshare accident cases include:

  • Broken bones
  • Contusions or lacerations
  • Internal bleeding
  • Soft tissue damage
  • Burns
  • Back pain
  • Neck pain
  • Whiplash
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Paralysis
  • Limb amputation
  • Death

Liability in Accidents Caused by a Rideshare Driver

Liability for an accident depends on whether the rideshare driver was actively carrying a passenger with the app turned on at the time of the accident. Your Queens Uber accident lawyer can help identify the appropriate liable party. Liability insurance coverage you can file a claim with may include:

  • The driver’s personal insurance plan. If the driver had the app turned off and was driving on personal time, they were not working and would only have coverage under their personal auto insurance policy.
  • The rideshare company’s insurance plan. If the driver had the app on and was transporting a passenger on a trip, the company’s commercial insurance policy should cover your losses. For example, Uber’s policy covers a driver en route to pick up a passenger and on the trip, and includes $1 million in liability coverage, UM/UIM coverage, and comprehensive and collision.
  • Either insurance policy depending on necessary coverage. If the driver had the app on and was available to accept a ride request, the driver’s insurance or Uber’s third-party insurance might cover the accident. Uber’s contingent liability coverage includes $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage.

The Serious Injury Threshold in New York for Personal Injury Claims

New York is a no-fault insurance state, meaning you would file a claim through your own insurance company first for injuries in an accident. However, if you sustain a serious injury, you may be able to file a personal injury lawsuit against the negligent driver or the rideshare company. What is a “serious injury” in New York?

  • Insurance Law Sec 5102 (d) “Serious injury” means a personal injury
    which results in death; dismemberment; significant disfigurement; a
    fracture; loss of a fetus; permanent loss of use of a body organ,
    member, function or system; permanent consequential limitation of use
    of a body organ or member; significant limitation of use of a body
    function or system; or a medically determined injury or impairment of
    a non-permanent nature which prevents the injured person from
    performing substantially all of the material acts which constitute
    such person’s usual and customary daily activities for not less than
    ninety days during the one hundred eighty days immediately following
    the occurrence of the injury or impairment. If you suffer a serious injury or lose a loved one in a rideshare accident, contact a Queens Lyft accident lawyer with our firm to learn more about filing a lawsuit against the appropriate party to seek compensation for your losses.

What Compensation Can Victims Seek in Rideshare Accident Cases?

Victims may seek economic, non-economic, and sometimes punitive damages. Damages are monetary compensation to reimburse you after suffering losses due to someone else’s negligence.

Economic damages cover quantifiable losses like medical bills, transportation costs to attend medical appointments, lost wages, and other expenses you incur due to injuries you would not have otherwise.

Non-economic damages cover intangible losses like pain and suffering, diminished quality of life, and mental anguish or emotional distress. If the negligent driver was reckless or intentional in their actions to cause the accident, the court may also award punitive damages to punish the defendant and deter similar behavior in the future.

Statute of Limitations in New York

In most personal injury cases in New York, three years is the standard statute of limitations to bring a claim to court against a negligent party. If your loved one died from their injuries in a rideshare accident, you would have two years from the date of their passing to file your claim.

Contact Elliot Ifraimoff & Associates: Your Rideshare Car Accident Lawyer in Queens, NY

For more information about vehicle accident injury claims, visit our blog. 

For help with a rideshare car accident case, call us today at Elliot Ifraimoff & Associates at (888) ASK-ELLIOT or contact our law firm online to schedule a free consultation with a Queens Uber accident lawyer.


Who is liable in rideshare accidents caused by an Uber or Lyft driver?

The Uber or Lyft driver themselves or the rideshare company might be liable for the accident, depending on whether the driver was on active duty at the time. The driver is liable under their personal car insurance policy when the app is off, the company is liable when the driver is working and driving with a customer, and either policy might be effective when the driver has the app on but does not have a customer at the time.

Can rideshare passengers sue a driver who caused an accident?

Rideshare passengers can sue a driver who caused an accident. If you were a passenger using Lyft or Uber and were seriously injured in an accident, you need to determine which driver was most at fault for causing the accident. While it could have been your driver’s fault, the other driver may have merged inappropriately or run a red light. You might have to file claims against both drivers if they both contributed to the accident.

Can you sue the driver or the rideshare company after an accident?

You can sue either the driver or the rideshare company after an accident. If you have injuries that surpass New York’s serious injury threshold and can’t reach a fair settlement with the insurance company, you may sue the negligent driver or the rideshare company. Having an experienced Queens Uber accident attorney on your side is essential to determine the appropriate party against which to file the claim.