Uber Accident Lawyer Rockville Centre, NY
If you were injured in an Uber accident in Rockville Centre, figuring out who pays for your injuries is more complicated than in other personal injury cases. At Isaacson, Schiowitz & Korson, LLP, we handle rideshare accident claims throughout Nassau County. Our Rockville Centre, NY Uber accident lawyer understands how rideshare insurance works and how to identify all available coverage sources. We’ve been representing injury victims for over 50 years, and we’ve adapted to handle the new complexities rideshare accidents create.
Why Choose Isaacson, Schiowitz & Korson, LLP for Your Uber Accident Case in Rockville Centre, NY?
Understands Rideshare Insurance Structures
Uber maintains layered insurance coverage that changes based on driver activity. Understanding which layer applies requires analyzing the driver’s status at the moment of the crash.
- Period 0: App off. The driver’s personal auto insurance applies. Uber provides no coverage.
- Period 1: App on, waiting for a ride request. Uber provides limited liability coverage if the driver’s personal insurance doesn’t apply. The limits are lower than during active trips.
- Period 2: Driver accepted a ride and is en route to pick up the passenger. Uber’s full commercial policy applies, with $1 million in liability coverage.
- Period 3: Passenger in the vehicle. The same $1 million commercial coverage applies.
This structure means different accidents have different coverage available. A $1 million policy provides different options than the driver’s $25,000 personal policy. We determine which period applies and pursue all available coverage.
Jeremy Schiowitz has adapted his practice to handle these newer case types. He’s litigated personal injury claims for over 16 years, handling complex matters requiring analysis of multiple insurance policies and defendants. Jeremy graduated from Brooklyn Law School and is licensed in New York and New Jersey. The American Institute of Personal Injury Attorneys named him one of the 10 Best Attorneys in New York, and he’s been a Super Lawyer every year since 2014.
Martin Schiowitz has practiced for over 50 years. While rideshare is relatively new, the underlying personal injury principles are the same. Martin co-founded this firm in 1978 and has handled car accidents, truck accidents, and commercial vehicle cases throughout his career. He’s a member of the New York State Trial Lawyers Association and has been peer-selected as a Super Lawyer.
When you need a personal injury attorney in Rockville Centre for a rideshare claim, understanding insurance complexity matters as much as trial experience.
A Track Record of Substantial Recoveries
Our firm has recovered millions of dollars for injury victims. Car accident cases form a major portion of our practice. We’ve secured $2.8 million in one car accident case and $2.3 million in another. We know how to value personal injury claims and pursue full compensation.
Handles All the Insurance Companies
An Uber accident can involve three or more insurance companies.
- Uber’s commercial insurer.
- The driver’s personal insurer.
- Your own insurance company.
- Possibly the other vehicle’s insurer if a third party was involved.
Each company wants someone else to pay. Be prepared for adjuster tactics designed to minimize what you receive. We identify all coverage, make claims against appropriate parties, and negotiate or litigate as necessary. You focus on recovery while we handle the insurance maze.
Contingency Fee Representation
No hourly billing. No retainer. We advance all costs. Our fee is a percentage of your recovery. If we don’t win, you pay nothing.
What Our Clients Say
⭐⭐⭐⭐⭐
“Jeremy was very clear and detailed about expectations. He held my hand throughout the whole process and was very friendly and showed empathy for the matter. I recommend him, if you are in need of an injury attorney. Great attorney and compassionate!” — Jay C
Read more reviews on our Google Business Profile.
Types of Uber Accident Cases We Handle in Rockville Centre
Uber accidents occur in various scenarios, each with different liability and insurance implications.
- Accidents while a passenger. You’re riding in an Uber and the driver crashes, or another vehicle strikes your Uber. As a passenger, you’re typically not at fault. Uber’s commercial coverage applies, providing up to $1 million in coverage.
- Struck by an Uber driver. You’re in another vehicle or walking, and an Uber driver hits you. The driver’s period determines which insurance applies. If they were actively on a trip, Uber’s commercial coverage should cover your damages.
- Your Uber was struck by another driver. The third-party driver’s insurance is primary. If that driver lacks adequate coverage, uninsured motorist coverage from Uber may provide additional compensation.
- Pedestrians struck by Uber drivers. Drivers rushing to pick up passengers or drop them off may drive carelessly. Pedestrians at pickup and dropoff locations face particular risks.
- Accidents during Period 1. The driver had the app on but hadn’t accepted a ride. Uber’s coverage during this period is limited. We analyze whether the driver’s personal policy or Uber’s contingent coverage applies.
- Lyft accidents. Lyft uses a similar insurance structure. If you were injured in a Lyft accident, the same principles apply.
- Hit-and-run by rideshare driver. Sometimes rideshare drivers flee accident scenes. We investigate to identify the driver, using witness accounts, nearby surveillance, and Uber’s records when available.
New York Laws Affecting Uber Accident Claims
Several legal principles affect rideshare accident claims in New York.
Transportation Network Company Regulations
New York regulates rideshare companies as Transportation Network Companies (TNCs). Under state law, TNCs must maintain insurance coverage during Periods 1, 2, and 3. The required coverage levels are:
Period 1: $50,000 per person for bodily injury, $100,000 per accident, $25,000 for property damage. This applies when the driver is logged in but hasn’t accepted a trip.
Periods 2 and 3: $1.25 million combined single limit for bodily injury and property damage. This applies once a driver accepts a trip until the passenger exits.
These are minimums. Uber’s actual policies may provide more coverage.
No-Fault Insurance
New York’s no-fault system applies to Uber accidents. Under Insurance Law Section 5102, you can claim medical expenses and lost wages through Personal Injury Protection coverage regardless of fault. The no-fault claim typically goes through Uber’s policy when you’re a passenger or when an Uber driver strikes you during an active trip. Understanding how PIP works helps you navigate the process.
To pursue pain and suffering damages, your injuries must meet the “serious injury” threshold defined in the statute.
Comparative Negligence
Under CPLR Section 1411, your recovery is reduced by your percentage of fault. If you were partially responsible for the accident, you can still recover, just not the full amount. Understanding comparative negligence in New York helps you assess your claim.
Statute of Limitations
The standard CPLR Section 214 applies to Uber accident claims in most cases.
What Damages Can You Recover After an Uber Accident in Rockville Centre
Uber accidents cause the same injuries as any car accident. The damages are calculated similarly.
Medical Expenses
All reasonable medical expenses caused by the accident are recoverable. Understanding what happens when bills exceed your settlement helps with planning.
Lost Income
You may be eligible to recover wages lost while recovering or reduced earning capacity if injuries prevent you from returning to your previous work. An Uber accident that ends a career has different damages than one causing a week of missed work.
Pain and Suffering
Calculating pain and suffering value involves multiple factors, like emotional distress, PTSD, and other mental challenges you are suffering from because of the accident. These damages are meant to deter similar behavior in the future and are usually only awarded if the negligent party showed egregious negligence.
Property Damage
If you were driving and an Uber struck your vehicle, repair or replacement costs are recoverable.
Common Uber Accident Injuries
Uber vehicles are typically standard passenger cars without special safety features. Passengers sit in the back seat without always wearing seatbelts. Impacts cause significant injuries.
Whiplash and neck injuries. Rear-end collisions and side impacts cause rapid neck movement that damages soft tissues. Some whiplash injuries become chronic.
Back and spinal injuries. Herniated discs, vertebral fractures, and spinal cord damage occur in serious collisions. Back injuries often require surgery and cause permanent limitations.
Head injuries. Striking windows, seats, or other surfaces causes concussions and traumatic brain injuries. TBIs affect cognitive function, memory, and personality. Understanding brain injury accidents helps families prepare.
Broken bones. Arms, legs, ribs, and facial bones fracture in impacts. Compound fractures require surgical repair.
Internal injuries. Seatbelt injuries and blunt force trauma damage internal organs. Internal bleeding may not be immediately apparent.
Psychological trauma. Anxiety about riding in cars. Fear of ride-share services. PTSD symptoms after serious accidents. These psychological effects are compensable.
Steps to Take After an Uber Accident in Rockville Centre
Your actions after an Uber accident affect your health and your claim.
Check for injuries and call 911. Get medical attention for anyone injured. A police report documents what happened. Understanding how to get a police report helps later.
Get the driver’s information. Name, phone number, license plate, insurance information. The Uber app should show driver details, but get them directly too.
Screenshot your ride details. The app shows your trip information, the driver’s name, and the vehicle. Screenshot everything before it becomes harder to access.
Document the scene. Photos of vehicle damage, the accident location, traffic conditions, and your injuries.
Get witness information. Other passengers, bystanders, and occupants of other vehicles may have seen what happened.
Seek medical attention promptly. Even if you feel fine. Documentation from the day of the accident connects your injuries to the crash.
Don’t give recorded statements. Uber’s insurer, the driver’s insurer, and other companies will call. Decline until you’ve consulted an attorney.
Contact an Uber accident lawyer. We can investigate immediately, identify all insurance sources, and protect your claim from the start. Hiring an attorney early makes a difference.
Uber Accident Statistics
Rideshare accidents have increased as rideshare usage has grown.
According to a study referenced by the National Bureau of Economic Research, the introduction of rideshare services correlated with increases in traffic fatalities in some markets. More vehicles on the road, and more drivers focused on navigation apps, create additional accident risks.
The National Highway Traffic Safety Administration reports that distracted driving contributes to thousands of crashes annually. Rideshare drivers using apps for navigation and ride management face constant distraction temptations.
Specific data on Uber and Lyft accidents is limited because the companies don’t release comprehensive accident statistics. However, individual states have begun tracking rideshare accidents separately, and the numbers show rideshare vehicles are involved in significant numbers of crashes.
Rockville Centre Uber Accident Lawyer FAQs
Who is responsible for my injuries in an Uber accident?
It depends on the circumstances. If the Uber driver caused the accident, claims go against the driver and Uber’s insurance. If another driver caused it, that driver’s insurance is primary. We investigate to determine all responsible parties. Understanding how to prove liability is essential.
Does Uber’s insurance cover my injuries?
If the driver was on an active trip, Uber’s $1 million policy should apply. If the driver was waiting for a request, limited coverage applies. If the app was off, Uber provides no coverage.
What if the Uber driver has inadequate personal insurance?
During active trips, Uber’s commercial coverage applies regardless of the driver’s personal policy. During Period 1, gaps may exist, but Uber’s contingent coverage may still help.
Can I sue Uber directly?
Uber classifies drivers as independent contractors, which limits direct liability. However, Uber’s insurance covers driver negligence during trips. We pursue claims against all available coverage sources.
How do I prove what period the driver was in?
Uber and Lyft track driver status through their apps. We can subpoena this data to prove the driver’s status at the time of the accident.
What if I was injured as a pedestrian?
Pedestrians struck by Uber drivers have claims against the driver and potentially Uber’s insurance, depending on driver status. The same insurance analysis applies.
How long do I have to file a claim?
Three years under New York’s statute of limitations. But evidence disappears and memories fade. Earlier filing is better.
Should I accept Uber’s settlement offer?
Not without legal advice. Initial offers are typically low. We evaluate whether the offer reflects your actual damages before recommending acceptance. Know what happens when you reject an offer.
What if the other driver was uninsured?
Uber’s uninsured motorist coverage may apply if you were a passenger or the Uber driver was on an active trip when an uninsured driver caused the accident.
Can I claim if I was partially at fault?
Yes. New York’s comparative negligence law reduces your recovery by your percentage of fault but doesn’t eliminate it.
How much is my Uber accident case worth?
It depends on injury severity, medical expenses, lost income, and pain and suffering. Serious injuries with Uber’s $1 million coverage can produce significant recoveries. Looking at typical settlement amounts provides context.
Do I need a lawyer for an Uber accident?
Rideshare accidents involve insurance complexities that other car accidents don’t have. Having an attorney who understands these structures protects your recovery.
What should I bring to the consultation?
Trip details from the app, the police report, medical records, photos, and any communication from insurance companies. If you don’t have everything, come anyway.
How long will my case take?
It varies based on injury severity and insurance company cooperation. Some cases settle in months. Disputed cases take longer. Understanding what to expect in a civil case helps you prepare.
Do you handle Lyft accidents too?
Yes. Lyft uses similar insurance structures. We handle both Uber and Lyft accident claims.
Local Resources for Rockville Centre Uber Accident Victims
Medical Services:
- Mercy Hospital, Rockville Centre, (516) 705-2525
- Mount Sinai South Nassau, Oceanside, (516) 632-3000
Law Enforcement:
- Rockville Centre Police Department, (516) 766-1500
Government:
- Village of Rockville Centre, (516) 678-9300
- New York State DMV, accident reports
Disclaimer: Listing these resources does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.
Contact Isaacson, Schiowitz & Korson, LLP
Uber accidents create insurance complications that can delay or reduce your recovery if not handled properly. Multiple policies, coverage period analysis, and corporate insurance structures all require careful navigation.
If you were injured in an Uber accident in Rockville Centre, NY, our attorneys can identify all available coverage, pursue claims against appropriate parties, and fight for full compensation. Jeremy Schiowitz has litigated complex personal injury claims for over 16 years. Martin Schiowitz has practiced for over 50 years and has handled motor vehicle cases throughout his career.
Consultations are free and carry no obligation. We’ll review your case, explain your options, and give you an honest assessment. If you hire us, you pay no attorney fees unless we recover money for you. Contact us today to schedule your consultation.
