Can I sue my Uber or Lyft driver after an accident?

Are you’re wondering “Can I sue my Uber?” it may be interesting to know that yes, you can. If you were in an auto accident while a passenger in an Uber, Lyft, or other mobile rideshare service, you may be entitled to sue both the company and the driver. But be aware that if a driver has personal insurance it may not cover accidents and damages incurred while driving commercially. In cases such as this, other legal remedies may be necessary to recover damages.

Uber is currently facing a variety of lawsuits, and has attempted to position its drivers as independent contractors in what appears to be an effort to absolve itself of legal responsibility. This does not mean that Uber cannot be held accountable for damage or personal injuries.

How do you handle it if you’re in an Uber or rideshare accident? Just as we discussed in our post about how to handle a car accident there are certain actions you should take to protect yourself if you’re a passenger in a rideshare accident:

• Call 911 to report the accident and any known injuries to passengers or pedestrians.
• Call your attorney and report the incident immediately. If you do not have an attorney, you can call us at 718-618-5567.
• Do not call the Uber emergency number if you are the passenger. It is the responsibility of the driver.
• Get your driver’s full name and information. In New York, their ID card should be visible. Take a photo.
• Get the name of any other passengers in the vehicle if you’re riding in an Uber Pool.
• Make sure you (or someone else if you’re injured) records the name of bystanders who witnessed the accident.
• Make sure you (or someone else if you’re injured) takes photos at the scene, including all vehicles involved and the general area where the accident occurred.
• Your safety is the most important thing, so don’t leave the vehicle if it’s in an unsafe area where there is traffic or other hazards.

Feel free to let us know if you were in an Uber or Lyft accident in New York City and have questions. Better yet, make sure our number is in your phone before an accident happens. In the minutes after an accident, you most likely won’t want to be worried about how to protect yourself and your legal interests.

If you would like to find out more about having Getz & Braverman, P.C. represent you or provide legal advice, email, live chat, or call us at 718-618-5567. We also accept text messages at 917-734-7583.

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