For more than 20 years, Martin+Colin, P.C. has set the bar for representing personal injury cases in New York State, from fender benders to wrongful death cases. Here is what makes us the best choice for your motor vehicle accident claim:
Frequently Asked Questions
Learn more about your potential rideshare accident case in White Plains, NY.
What is a ridesharing service?
A ridesharing service is any arrangement where the drivers of a privately owned vehicle offers rides to passengers who wish to obtain them. While Uber and Lyft dominate the ridesharing landscape, several other rideshare companies may also be operating in your area.
Why do people use a ridesharing service?
Many people take rideshare vehicles to work. They find commuting in a personal car to be a hassle, particularly in the age of hybrid work, particularly without a dedicated parking space at the office. In addition to avoiding the headache of parking and the stress of driving, many people use rideshare services when they do not want to drink and drive.
How do you become a rideshare driver in New York?
Rideshare drivers operate as independent contractors in the state of New York. By New York law, you must meet the following requirements to be a rideshare driver:
- Be at least 19 years old
- Have a valid New York driver’s license
- Possess vehicle registration and liability insurance on the vehicle used to carry passengers
- Pass a criminal background check
- Pass a driving history check
You cannot become a rideshare driver if your driving history reveals that you have:
- A conviction of a crime involving a vehicle in the last three (3) years
- A conviction of a violent crime within the last seven (7) years and/or are
- Registered as a convicted sex offender
Additionally, rideshare drivers must show that their vehicle meets certain criteria, including a mechanical examination of their vehicle, which must include at least four doors and space for up to eight (8) people.
Do rideshare drivers have to pass background checks?
Yes. In accordance with the TNCA, rideshare drivers must pass a criminal background check and will be disqualified if any of the following infractions appear on their record:
- Drunk driving in the last seven (7) years
- Three (3) or more moving traffic violations in the last three (3) years
- One (1) or more reckless driving offenses in the last (3) three years
- Any felony offenses in the last five (5) years
- Eluding a police officer
- Felony fraud
- Sexual offenses
- Felony property offenses
- Any offense involving violence
Misrepresenting yourself by driving in place of a licensed rideshare driver is a crime.
The personal injury attorneys at Martin+Colin are here to help resolve your accident involving an Uber, Lyft, or other rideshare vehicle. Call us at (914) 771 7711 to begin the process.
I have been involved in a car accident while using a rideshare service. What’s next?
After being hit by an Uber driver, Lyft driver, or other rideshare vehicle, try to remain calm, as you will need to speak to an emergency responder and give a police report before leaving the scene. Depending on the seriousness of the accident—and the injuries involved—you may need to go to the hospital.
Pro Tip: Do not hesitate to get a medical evaluation after your Uber accident. Opposing counsel may argue that you delayed medical treatment because you were never injured—even when this is provably untrue. Always address your medical issues promptly, as this will help you secure the highest settlement possible. Your health and safety should always be your first priority.
What To Do After a Rideshare Accident
- Call 911 immediately. Give emergency responders an assessment of the injuries involved, as well as the location of the accident. EMTs, and police units and other emergency vehicles will be dispatched in accordance with the severity of the accident, so always give as complete a picture as possible when speaking to the 911 dispatcher.
- Cooperate with authorities. Always stay at the scene of the accident until you are dismissed by first responders. Never leave or move your vehicle after the accident, as this is crucial evidence that will be used to determine who is at fault.
- Do not apologize or admit fault. In the wake of a rideshare accident, no one has enough information to know who or what was responsible. Was it driver negligence or inattention? Faulty brakes or a mechanical issue? While apologizing may feel appropriate, be aware that any statement you make may inadvertently affect your case. You may want to retain an Uber accident lawyer before speaking with police insurance providers or other involved parties.
- Gather evidence of the scene. The more images and videos you capture, the better. If you can, document the damage on the vehicle(s) involved, the taxi driver’s license information, as well as video interviews of yourself and any other driver(s) or witnesses involved. Your evidence may prove more valuable than the police report in proving your case in recovering compensation.
- Document your injuries. Take photographs of any obvious signs of injury, both immediately and several days after your accident. Many injuries do not occur until days or even weeks after the crash; be sure to document your medical experience, as this is critical in showing how much you may be owed. In most cases, your medical expenses will be covered through the rideshare company’s insurance.
- Seek medical attention and advice. Even if you don’t believe that you are seriously hurt, it is vitally important that you get a medical evaluation to assess the extent of your injuries. As your body is coursing with adrenaline after an accident, you may not realize the extent of your injuries in the moments after an accident.
- Contact Martin+Colin, P.C. for a case consultation. If you have experienced serious injury from a rideshare experience or sexual assault in a rideshare, contact our office immediately to discuss your case: (914) 771 7711. Consultations are always free and confidential.
Pro tip: Always get a full medical exam as soon after your accident as soon as you can.
Who will pay the medical bills arising from my rideshare accident?
This can be a complex situation. The rideshare driver, other drivers, or even the rideshare company itself may be found accountable. Negligence, insurance coverage, and even employment relationships may factor into liability—and who you may choose to seek compensation when an accident occurs.
New York is a “no-fault” insurance state, which means that you are generally reimbursed by your personal insurance company first, regardless of who was responsible. You would begin the claims process by notifying your own insurance company and filing a claim to recover what you have lost.
Are New York City Uber drivers required to carry commercial auto insurance?
No. Uber, Lyft and other rideshare company drivers are not required to carry commercial auto insurance. However they must meet requirements for minimum-liability coverage as well as additional requirements through the Taxi & Limousine Commission.
However, Uber also has its own insurance coverage that covers both drivers and passengers while the vehicle is being used for a rideshare service. Their policy includes a $1 million liability coverage, as well as a $1 million uninsured/underinsured motorist coverage.
