Rosenbaum & Rosenbaum, P.C. | May 9, 2023 | Car Accidents
No one expects to be injured in an accident – let alone while walking down the street or sidewalk. Unfortunately, pedestrian-involved automobile accidents happen all too often, and the resulting injuries can be devastating.
Being involved in any kind of auto accident can have serious physical, mental, and financial consequences that last for years afterward – which makes it even more important for those affected to know their rights following this type of incident.
New York Is a No-Fault State
New York is a no-fault state when it comes to car accidents, which makes it difficult to provide a clear answer on who is liable if you’re hit by an Uber driver. In no-fault states, drivers and passengers are typically required to file a claim with their own insurance company, even if the other party involved is at fault.
This often includes pedestrians if they are covered under an auto insurance policy or even a homeowners policy in some cases. However, in certain circumstances, you may be able to hold the driver accountable.
If you have suffered damages over $50,000, suffered permanent injury or disfigurement, experienced severe limitations/loss of function, or suffered another serious injury, you can likely file a claim against the at-fault party – in this case, the Uber driver.
Uber Drivers Must Have Their Own Liability Insurance
Uber drivers are required to have their own liability insurance in order to drive for the company. This means that Uber is not responsible for providing coverage; it is up to the driver themselves.
However, in some cases, Uber will offer additional coverage if the driver’s limits don’t cover the damages. The available insurance options will depend, in part, on whether the Uber driver was driving a paid passenger at the time of the crash.
Compensation You Can Collect After Being Hit By an Uber
If you’ve been involved in a car accident, you may be entitled to compensation from the responsible parties through a lawsuit. This compensation falls into three main categories: economic, non-economic, and punitive.
Economic damages are any out-of-pocket costs associated with a car accident, such as medical bills or property damage repairs. This includes not only present expenses but also future ones (such as predicted medical treatments).
Lost wages due to time spent away from work because of your injury is another type of economic damage commonly claimed after an accident.
Non-economic damages refer to intangible losses suffered from an incident like pain and suffering or emotional distress. The amount awarded varies depending on individual circumstances, including the severity of the suffering and the impact it has on your life.
Other damages can include loss of consortium, which takes into consideration the effect an accident and injuries can have on a relationship between spouses.
Punitive damages are monetary awards that are intended to punish a wrongdoer for their actions. In New York, punitive damages can be awarded after a car accident in order to deter the negligent driver from similar behavior in the future and provide compensation for victims. However, punitive damages are only awarded in rare cases when the at-fault party acted especially recklessly.
A New York City Uber Accident Lawyer Can Help
If you’ve been hit by an Uber driver and need help with your next steps, don’t hesitate to contact us to schedule a free consultation.
Contact Our Car Accident Law Firm in New York City
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York City car accident lawyers at Rosenbaum & Rosenbaum, P.C. to schedule a free consultation.
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New York, NY 10005