What Happens in Uber or Lyft Accidents if I am Injured in a Rideshare Accident in Queens?
While New York City, Queens, and Long Island are certainly dominated by taxis, rideshare companies like Uber and Lyft have really become the more common trend. While most rideshare pickups and drop-offs go without a problem, unfortunately rideshare drivers can still cause a motor vehicle accident. When a victim injured in a rideshare accident in Queens sustained serious or catastrophic injury, there could be many complex issues how is responsible. This is particularly true because these big rideshare companies typically place significant roadblocks for victims to collect compensation. They high aggressive insurance adjusters and have some of the largest insurance companies in the United States backing them. This means that victims and their families are often mislead and misdirected in filing a claim late or incorrectly, or victims are convinced by an overzealous and possibly borderline unethical insurance adjuster that their claim is not worth what they think or even should be denied.
Here at Cohen and Cohen Law Group, P.C., our experienced New York City personal injury lawyer knows that this conduct is unacceptable. We do not let insurance adjusters underpay or deny our clients valid claims. We fight hard to ensure that victims have their damages properly compensated under New York law. Our law team works to gather information in your case, including gathering photographs, police reports, videos, security camera footage, witness statements, medical bills, medical records, witness reports, accident reconstruction reports, and any other information that may be relevant to your case. We then investigate and sometimes work with leading experts on both liability and damages to properly build your case. If you or a loved one have been seriously injured or if a loved one was wrongfully killed in a serious rideshare accident in Queens, NYC, or Long Island, please call our law firm today to learn how we can help you tomorrow.
Liability in Rideshare Accidents: Who Could be at Fault?
Rideshare accidents are often some of the most complex types of motor vehicle accidents in New York City. This is because there are multiple insurance companies involved in nearly every claim, including the insurance company for the rideshare company, the driver, and your own. Many times the other insurance companies will even try to push all responsibility over to your insurance company—including negotiations. While New York is a no-fault state and you are able to immediately turn to your own car insurance for reimbursement, that does not meant that the other car insurance companies get a freebie. They must still participate and ultimately reimburse your insurance company for their dangerous driver’s conduct.
Other times a rideshare company will claim that the driver is an independent contractor and therefore cannot bind the company or allow for the company to be liable for his or her negligent actions. Specifically, a rideshare company is talking about vicarious liability. This is the principle that one party could be liable for another party’s conduct. In terms of employee and employer, like a rideshare accident in NYC, the legal term is even more thoroughly outlined as respondeat superior. This is when a master (employer) is liable for the actions of its servant (employee) when the negligence or damages are caused within the scope of employment.
How Long do I Have to File a Rideshare Accident Claim?
Under New York law, a rideshare accident claim would take the form of a negligence lawsuit. This means that a victim must file a legal action with the county clerk’s office to commence and action. The time period in which to file this claim is known as the statute of limitations period. This time period is important because it is actually a time limit. The failure to commence an action within this time period could result in your case being automatically dismissed by a court. This means even if you have a very meritorious cause of action, your case could still be barred.
Generally, most negligence causes of action are three years from the act or omission constituting negligence. However, there are many, many exceptions to this rule. Some exceptions “toll” this date to extent it (i.e., infancy or incompetency), whereas other exceptions shrink this date down considerable (i.e., municipality-caused cases which could result in the time period being only 90 days before you need to petition a court for filing a late claim).
The best practice is to always ask our New York City personal injury lawyers how long you have to file your claim immediately, including if the rideshare accident just happened and you are still treating for injuries. We can insure that you file your claim timely, but also that your other rights leading up to the lawsuit are well-protected.
Ask Our New York City Personal Injury Lawyers for Help with Any Type of Ridesharing Accident in Queens, NYC, Long Island, or Anywhere Else in New York
Victims who have been seriously injured in a serious motor vehicle accident involving a rideshare vehicle should call our experienced lawyers at Cohen and Cohen Law Group, P.C. We can help protect the rights of loved ones who have been seriously injured or wrongfully killed due to the negligence of a rideshare company or rideshare driver. Rideshare companies are big business throughout the country, including New York City and Long Island. Do not let them continue to make significant amounts of money while dodging liability. Call our New York City personal injury lawyers at Cohen and Cohen Law Group, P.C. to learn how we can help you with a FREE consultation by calling 800-247-8164, or use our convenient and easy-to-use contact us box available here.