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Establishing Fault in a Rideshare Accident with a Rideshare Accident Lawyer

Rideshare services like Uber and Lyft have changed the landscape of transportation by increasing access to vehicles. However, with the large increase in the number of rideshare drivers comes an increase in traffic accidents involving rideshares. If you’ve been in a rideshare accident, hiring an experienced rideshare accident lawyer like James Alexander Law can help to establish what party is at fault and get you the compensation you deserve.

Serving Central New York, Rochester, the Southern Tier, and the North Country areas, James Alexander Law is here to help New Yorkers with their rideshare accidents, car accidents, and more legal issues. Here, we discuss how fault is established in a rideshare accident.

New York State’s No-Fault Insurance

Different states have various laws and regulations that determine how insurance and liability are handled. New York, for example, is known as a no-fault insurance state, which means if you’ve been hurt in a car accident, you’re entitled to certain benefits, regardless of who is at fault. No-fault insurance coverage provides a minimum of $50,000 in coverage to pay for medical bills and lost wages but doesn’t cover any pain and suffering damages.

People involved in rideshare accidents in NY receive no-fault coverage from the car they’re in but may need further compensation to fully recover. This is when it’s time to determine who’s liable, or at fault for the accident, whether it’s the rideshare driver or another driver.

Determining Liability

When determining who is at fault in a rideshare accident, there are a few things to investigate. This can be done by the police after your accident or by a rideshare accident lawyer like James Alexander Law. Three factors must be investigated and proven to state that someone was at fault for the accident, and they are:

  • The person owed a duty of reasonable care (to drive safely and obey traffic laws)
  • The person breached their duty to drive safely
  • You were injured and suffered damages due to the other person’s breach

If the accident is determined to be the fault of the rideshare driver, you may be wondering how you’ll get reimbursed. In NY, the law states that ridesharing companies like Uber and Lyft must have insurance coverage for any parties that may be involved in an accident.

Ridesharing Insurance Coverage

Drivers for both Uber and Lyft are covered with a $1 million liability policy, which sounds like it would cover all your medical expenses and damages. However, the amount of coverage given to the injured party depends on which period the driver is in during the accident. The periods are:

Period 0

This is when the driver isn’t logged into the rideshare app and has no customers with them. If the driver gets into an accident with another car, no coverage is provided through the rideshare company’s insurance, although the driver’s personal auto insurance could apply.

Period 1

Once the driver has logged into the app, but hasn’t yet accepted a ride request, rideshare companies provide liability coverage for any accident that’s the fault of the driver up to $50,000 per person and $100,000 total liability per accident.

Period 2

Once the driver has accepted a trip and is en route to the pick-up location, the liability coverage increases to $1 million.

Period 3

When the customer gets in the rideshare car, the liability coverage of up to $1 million still applies. There is also limited coverage available for damage to the driver’s car and uninsured motorist coverage.

If you’re in the rideshare when an accident happens, you’d be in the third period and receive the most coverage. However, if you’re in another car and get into a fender bender with a rideshare driver who’s logged into the app but has no riders, you’d be in the first period and receive lower coverage. Working with a rideshare accident lawyer can help you to get the facts on the periods and insurance coverages so you can get the compensation you deserve.

Contact Your Local Attorney Today

If you’ve been in a rideshare accident in New York, trust James Alexander Law to help you determine who’s at fault and get you the proper compensation. We’re a family-owned law firm serving Central New York, Rochester, the Southern Tier, and the North Country areas with more than 39 years of law experience. With a wide range of practice areas and demonstrated firm success, James Alexander Law is the place to go with any personal injury law needs. Contact us today to discuss your case or read through our Frequently Asked Questions to learn more.

The content of this blog was prepared by James Alexander Law for educational and informational purposes only. It is not intended to solicit business or provide legal advice. Laws differ by jurisdiction, and the information in this blog may not apply to you. You should seek the assistance of an attorney licensed to practice in your state before taking any action. Using this blog site does not create an attorney-client relationship between you and James Alexander Law. Client relationships can only be created by written contract.

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"Alexander and Associates did a great job for us! Peter Addonizio handled my car accident matter. He was very helpful and thorough. I was very happy with the services and the outcome. Thank you! I would highly recommend them."
“They followed up on every phone call. They expedited my case and were very thorough. I'd recommend them to anybody thats been hurt in an accident!I'm very pleased with the professionalism and commitment to make sure my case settled for the maximum amount.”

WHAT OUR CLIENTS SAY...

“They were amazing I was able to get some Justice for my son who was bitten by a therapist dog! They even came to our home to talk to us. I would recommend to anyone! I didn't know where to go. They answered all my questions and were easy to work with.”
"Alexander and Associates did a great job for us! Peter Addonizio handled my car accident matter. He was very helpful and thorough. I was very happy with the services and the outcome. Thank you! I would highly recommend them."
“They followed up on every phone call. They expedited my case and were very thorough. I'd recommend them to anybody thats been hurt in an accident!I'm very pleased with the professionalism and commitment to make sure my case settled for the maximum amount.”

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