Rideshare services like Uber and Lyft have become incredibly popular in New York. These services offer people a convenient way to get around the city and state without needing to drive themselves. However, rideshare vehicles are still cars on the road, which means they are not free from accidents. When rideshare accidents occur, it can be a confusing and stressful time, especially if you were injured. Medical bills from an accident can quickly pile up and leave you feeling overwhelmed. Thankfully, if you were hurt in a rideshare accident, there are ways to recover the damages for your medical bills. At, The Nicotra Law Firm, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
In New York, rideshare accidents can happen for a variety of reasons, and each case has its unique set of challenges. Knowing the steps to recover damages and understanding how the legal system works is crucial in ensuring that you are fairly compensated for your injuries. In this guide, we will explore what steps you can take to recover damages for medical bills if you are involved in a rideshare accident in New York.
Understanding Liability in Rideshare Accidents
One of the first things you need to know when seeking compensation for medical bills after a rideshare accident is who is liable for the accident. New York has specific rules when it comes to car accidents, and this extends to rideshare vehicles as well. When an accident happens, there are usually several parties that could be held responsible. These could include the rideshare driver, the company itself, or another driver on the road. Determining liability is important because it decides who will pay for your medical bills and other related expenses.
Rideshare companies like Uber and Lyft often carry insurance policies that protect both their drivers and passengers. If the rideshare driver is found to be at fault for the accident, you may be able to file a claim with the rideshare company’s insurance to recover the cost of your medical bills. However, if another driver was responsible for the accident, you would need to seek compensation from that driver’s insurance company. This can be tricky, especially if the other driver does not have enough insurance to cover your medical expenses.
Founding Partner Managing Partner Associate Attorney
Richard Nicotra
Andrew Connelly
Emily Oczytko
No-Fault Insurance in New York
New York is a no-fault insurance state, which means that regardless of who caused the accident, your own insurance policy will cover your medical expenses. This law applies to all car accidents in the state, including rideshare accidents. Your personal insurance will be the first to step in to pay for your medical bills. No-fault insurance in New York usually covers hospital visits, doctor’s bills, medications, and even lost wages if your injuries prevent you from working.
However, no-fault insurance may not cover all of your expenses, especially if your injuries are severe and result in long-term medical care. Once your no-fault insurance reaches its limit, you may need to seek additional compensation through a lawsuit or by filing a claim with the at-fault party’s insurance.
Suing for Additional Damages
In cases where your medical bills exceed the limits of your insurance policy, you may have to pursue a lawsuit against the at-fault party. In a rideshare accident, this could mean suing the rideshare driver, the company, or another driver who was involved. A lawsuit allows you to seek damages for the medical bills that were not covered by your no-fault insurance, as well as compensation for other damages like pain and suffering, emotional distress, and long-term care needs.
Suing for damages can be a lengthy process, and it requires the assistance of a skilled attorney to navigate. You will need to gather evidence to show that the other party was at fault and that your medical expenses are directly related to the injuries you suffered in the accident. This evidence may include medical records, accident reports, and witness testimonies.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
Rideshare Company Insurance Policies
When it comes to rideshare accidents, Uber and Lyft both have large insurance policies in place to protect their drivers and passengers. These policies vary depending on the circumstances of the accident. If the rideshare driver was actively transporting a passenger or on the way to pick up a rider at the time of the accident, the company’s insurance will typically cover damages. This coverage can include up to $1 million in liability for injuries and medical expenses. However, if the rideshare driver was not logged into the app or waiting for a ride request, the company’s insurance might not apply, and the driver’s personal insurance would be responsible for covering the damages.
It is important to understand how these insurance policies work and to know when you can make a claim with the rideshare company’s insurance. If you are a passenger in the vehicle, you are likely covered by the company’s insurance, but if you are another driver or pedestrian, the situation may be more complex. In these cases, having an attorney can help you determine the best way to seek compensation for your medical bills.
Gathering the Necessary Evidence
To successfully recover damages for your medical bills after a rideshare accident, you will need to gather evidence that proves your case. This includes documentation of your injuries and the medical treatment you received. You will need to keep all of your medical records, including doctor’s notes, hospital bills, and receipts for medications or treatments. These documents will be essential when you file a claim with the insurance company or if you decide to pursue a lawsuit.
Related Videos
How should I choose a personal injury attorney for my claim?
Insurance companies dirty tricks
Additionally, it is important to have evidence from the scene of the accident. This can include photographs of the accident site, damage to the vehicles involved, and any injuries you sustained. Witness statements can also be helpful in proving that the other party was at fault for the accident. In rideshare accidents, the app’s data may also be used as evidence, showing whether the driver was on the clock at the time of the crash.
Dealing with Insurance Companies
Insurance companies will often try to settle claims quickly, but their initial offers may not fully cover your medical expenses. It is important to review any offers carefully before accepting them. You have the right to negotiate with the insurance company to ensure that you are fairly compensated for your injuries. If the insurance company refuses to offer a fair settlement, you may need to take your case to court.
Dealing with insurance companies can be challenging, especially when you are also recovering from injuries. Having an attorney on your side can make a big difference in the outcome of your case. Your attorney can negotiate with the insurance company on your behalf, gather the necessary evidence to support your claim, and ensure that your rights are protected throughout the process.
How Long Do You Have to File a Claim?
In New York, there is a limited amount of time to file a claim or lawsuit after a rideshare accident. This is known as the statute of limitations. For most personal injury cases, including rideshare accidents, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation for your medical bills and other damages.
It is important to take action as soon as possible after a rideshare accident. The longer you wait, the more difficult it may be to gather the necessary evidence and build a strong case. Additionally, medical bills can add up quickly, and waiting too long could result in financial strain. By acting quickly, you can increase your chances of recovering the full amount of compensation you deserve.
Rideshare accidents can be confusing and stressful, especially when medical bills are involved. It is important to know that you have options for recovering damages and that you do not have to go through the process alone. Working with an experienced attorney can help you understand your rights, navigate the legal system, and ensure that you are fairly compensated for your injuries.
If you or a loved one has been involved in a rideshare accident in New York and are facing mounting medical bills, you may be entitled to compensation. The legal process can be complex, but having the right representation can make all the difference. At The Nicotra Law Firm, PC, our team is here to help you every step of the way. We understand the challenges you are facing, and we are committed to fighting for your rights. Contact us today to schedule a consultation and learn how we can assist you in recovering the damages you deserve.