- February 15, 2022
- Vehicle Accidents
A Lyft Accident Lawyer in New York Who Will Fight for You
To Ensure Fair Compensation, You Need a Lawyer in Your Corner
When you’ve been in a car accident, the first few minutes after can seem chaotic, frightening, and disorienting. If you were injured, you may wonder what you should do next. Will you be okay? How will you pay your medical bills? Can you sue Lyft after an accident?
After your accident, you may be dealing with medical expenses and the loss of a job. Your life has been completely disrupted through no fault of your own, and you’re wondering what to do. In the face of incredible hardship and emotional devastation, you feel alone.
The lawyers at Kaplan Lawyers PC know how challenging life can be after an accident. We strive to assist our clients as they begin putting their lives back together after an accident that clearly was not their fault.
If you were in a car being driven by a Lyft driver, you may wonder whether Lyft can be held responsible. What should you do? Can you sue a Lyft driver for an accident? A lawyer for Lyft accidents can answer your questions.
If you’ve been injured in an accident where a Lyft driver was involved, call the Lyft accident lawyers at Kaplan Lawyers PC at (516) 399-2364
What Should I Do After Being Involved in a Lyft Accident?
If you’ve been involved in a Lyft accident, the first thing you should do is breathe deeply. You’ve just been in a traumatic experience, and you need to stay calm. Once you’ve centered yourself, call for help, then begin to think through your next steps.
After an accident, everyone around you will be nervous and upset. You will likely be agitated and in pain. Avoid losing your temper or blaming anyone for what has happened. Anything you say can end up weakening your case. If your injuries are minor, don’t tell anyone that you feel fine. Insurance companies will seize on anything you say as a reason to minimize your claim.
Call for Medical Help
You or someone around you should call 911 immediately. Even if you do not feel like your injuries are serious, you should get a medical examination to discover any less obvious injuries.
A record of a medical exam immediately following your accident can be beneficial for your accidental injury case. If you choose not to take time for this immediately after your accident, an insurance company may claim you were not seriously injured and do not deserve compensation.
Get Driver Information
Everyone should remain at the scene of the accident. Get the name of the Lyft driver, their contact details, and their insurance information. Do the same for any other driver involved in the accident. If you end up filing a lawsuit to receive compensation for any injuries, you’ll need this information.
Ensure Police Were Called
Calling 911 will alert police officers of an accident. Filing a police report is essential because it provides crucial evidence for your accidental injury claim. Give as clear a statement as you can.
If you’re able, make notes of anything that stands out to you. Take photos of the cars, the intersections, traffic lights, anything that you think might be relevant. Also, take a photo of the license plates of the cars involved and even your injuries, as well.
Contact a Lyft Accident Lawyer in New York
Contacting a Lyft accident lawyer in New York as soon as possible after your accident helps set you up for a successful personal injury claim.
Kaplan Lawyers PC can help ensure your rights are protected and that you are not taken advantage of by unfair insurance companies. Call us now at (516) 399-2364.
Can You Sue Lyft After an Accident?
This is a quickly evolving gray area. Because of the legal relationship between Lyft and its drivers, the company may not have legal liability for injuries that result from a rideshare accident, regardless of who is at fault. Further litigation will help settle this question.
In order for Lyft to be legally responsible for a passenger’s liability, there must be primary or “vicarious liability.” These terms mean that the company itself acted wrongfully and that their actions were then connected to the accident. Vicarious liability can be applied when a company can be held responsible for the actions of its employees.
Applying vicarious liability to companies like Lyft is not a good fit, because their drivers are considered independent contractors rather than employees.
This distinction makes a big difference, because it means that Lyft can avoid legal liability for its drivers’ conduct and can save money by paying fewer taxes. Additionally, they provide almost no benefits to their drivers and avoid paying workers’ compensation.
Lyft may not be legally responsible for your accident, but, practically, they may have financial responsibility. Many states require rideshare companies like Lyft to provide insurance coverage to compensate riders harmed in a rideshare accident.
How much compensation you could receive depends on when the accident occurred and whether you were a rideshare passenger or you were in another vehicle.
When Can You Sue Lyft After an Accident?
Whether Lyft as a company could be liable for your compensation depends on the kind of accident you were involved in and the status of the driver at the time. If you are a passenger in a non-ridesharing vehicle, the insurance protection you receive from Lyft’s insurance would be affected by the following:
If the Rideshare Driver’s App Is Off
If the Lyft driver’s app was off at the time of the accident, the company’s insurance would not apply. You should just file a claim against the driver’s personal insurance policy.
If the Rideshare Driver’s App Was On, But No Passengers
If the Lyft driver’s app was turned on, but they were waiting for a passenger or available for a ride request, then Lyft’s insurance would apply but at a far reduced limit.
If the Rideshare Driver’s App Was On, With Passengers
If the Lyft driver was in the process of picking up a passenger or actively driving a passenger, Lyft’s insurance will pay for your injuries and other losses up to $1,000.000.
Can You Sue a Lyft Driver for an Accident?
When can you sue a Lyft driver for an accident? Before considering a lawsuit, you should first go through the driver’s insurance.
In New York, a driver for Lyft must carry liability insurance. Lyft drivers must have for-hire insurance with limits that may be inadequate to cover your compensation needs. Under New York law, your monetary recovery will generally be limited to the driver’s insurance coverage, which is required to be at least $100,000.
Frequently Asked Questions for Our Lyft Accident Lawyer in New York
How much can I receive from a Lyft accident lawsuit?
The amount you can claim in your personal injury lawsuit depends on your actual expenses and needs. Though you may be limited by liability thresholds with Lyft’s insurance and the insurance limits of the driver, your Lyft accident lawyer can help you determine what to ask for.
Factors affecting your compensation may include loss of income, loss of future wages, medical expenses, and compensation for pain and suffering.
How long does it take to get personal injury compensation?
The amount of time it takes to resolve a personal injury lawsuit can vary depending on the complexity of the case, the availability of evidence, and the number of parties involved in the case. It can take several months or even longer to resolve, so it’s best to begin your suit as soon as possible.
A quick action protects you from the expiration of any applicable statutes of limitations and also allows your compensation to be recovered as fast as possible.
How much does a lawyer for Lyft accidents cost?
Each attorney can decide how they will be paid by their clients. Some lawyers ask for money before proceeding, and others may choose to be paid by the hour. At Kaplan Lawyers PC, our attorneys work on a contingency basis. This means that we only get paid if we win your case. If you receive no compensation, you won’t owe us anything.
Will I need to file a Lyft accident lawsuit?
It’s not likely that you’ll have to file a lawsuit, but it depends on the insurance company’s approach to your claim.
Typically when people decide to file a lawsuit, it’s because Lyft’s insurance or the driver’s insurance company isn’t making a fair settlement offer. In that event, your best course of action is to hire a lawyer to represent you in your lawsuit against the insurance company.
How long do I have to decide whether to file a Lyft accident lawsuit?
The statute of limitations in New York to take legal action for personal injury damages is three years. The time starts on the date of the accident that caused your injury.
Why Choose Kaplan Lawyers PC as Your Lyft Accident Lawyers?
We Provide Representation Against Insurance Companies
Unfortunately, most insurance companies will show you no compassion even when their customers are responsible for your injuries. Though they may behave as if they have your best interests in mind when they initially contact you, remember that their profits increase when they limit the amount of money paid out to people in cases like yours.
Personal injury cases, especially those that involve a large company like Lyft, are complex. Insurance adjusters understand the difficult position you’re in, and they know that victims can be pressured to settle quickly.
In order to avoid the added expense of a trial, they may offer a settlement with the implication that it is the best settlement you’ll receive. A skilled personal injury attorney who handles car accident cases will help make sure you get the compensation you deserve.
Skilled Personal Injury Attorneys Who Will Investigate Your Case
In addition to dealing with insurance adjusters on your behalf, your personal injury attorney will thoroughly investigate your claim. This process may include:
- Taking statements from witnesses who observed the accident
- Obtaining the driving record of the at-fault driver
- Reviewing the police report details of your accident
- Visiting the accident site to take more photos and look for more evidence
- Examining your medical records related to your accident and treatment
- Working with expert witnesses who can support your case.
This kind of investigation into your case by your lawyer for Lyft accidents can convince an insurance adjuster to increase your settlement offer. Although most personal injury cases involving Lyft drivers settle agreeably, a personal injury attorney can represent you in court if successful negotiations are not possible.
Call Kaplan Lawyers PC at (516) 399-2364 to discuss your case today.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]