Can I Bring A Case Against An Uber Driver?

acceladmin   December 19, 2016   Comments Off on Can I Bring A Case Against An Uber Driver?

Uber, Lyft, and other companies similar to those are becoming very popular these days. Unfortunately, through fault or no fault of their own, they may be involved in accidents. If you are involved in an accident with an Uber car, for example, whether you’re in the car or not in the car, you’re protected up to at least $100,000 in coverage that the Uber vehicle has to carry. This is because that car is considered a professional vehicle or professional driver in New York, which is the same coverage that a taxi would have to have.

The problem is that if your injuries are more serious and that $100,000 is not sufficient, what can you do to receive additional compensation? Uber has traditionally taken the position that its drivers are independent contractors. If they commit some negligence which leads to an accident, Uber feels they’re not responsible and they fight that. However, if the driver is distracted using the Uber application, or responding to Uber, or something which diverts his or her attention from driving their vehicle properly, then there is a viable theory against Uber, or against Lyft, or any of these types of services to proceed with the claim.

Of course, you can always use your uninsured or underinsured motorist coverage if you have sufficient limits to try to make up the difference. This is an area of law that is special in respect to liability on Uber itself, and not the driver, which is constantly changing. If you are involved in an accident involving an Uber or a Lyft-type vehicle, make sure you speak to an attorney as quickly as you can.

If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.