With heavy nightlife in downtown Albany and Troy, track season in Saratoga Springs, and a steady flow of college students across the Capital District, Uber and Lyft are ubiquitous. While ridesharing provides a convenient way to get around, it has introduced a dangerous legal trap for accident victims.
When a standard motor vehicle collision occurs, you typically deal with the at-fault driver’s personal auto insurance. But if you are injured while riding in an Uber or Lyft vehicle, or hit by either driver, holding the wrongdoer responsible is much more difficult.
At Anderson, Moschetti & Taffany, PLLC, our Albany Uber accident lawyers know how to navigate the “Rideshare Trap” and hold legally liable companies accountable.
Why Rideshare Accidents Are a Legal Minefield
Personal auto insurance policies in New York strictly exclude commercial driving. The moment a driver engages the Uber or Lyft app to transport passengers for money, their personal insurance coverage evaporates.
To fill this gap, Uber and Lyft carry commercial insurance policies, but those policies do not apply equally at all times. Determining which insurance company is liable—and for how much—depends entirely on the driver’s digital status on the app at the exact moment the crash occurred.
Because of this, rideshare companies will fight aggressively to prove their driver was not “on the clock,” attempting to shift the liability back to the driver’s (typically inadequate) personal policy.
The “Three Tiers” of Rideshare Insurance in New York
To win an Uber or Lyft accident case, your attorney must determine which of the following three phases the driver was in:
Key insight: The most dangerous time to be hit by a rideshare driver is when the driver is looking at their phone while circling for a fare—here the $1.25 Million corporate insurance policy has not yet triggered. If the app is off, only the driver’s private insurance applies.
Phase 3: The full commercial coverage of $1.25 million applies to the pedestrian or passenger during the ride
Phase 2: The same coverage applies if the driver has accepted the ride request and is en route to pick up the passenger
Phase 1: If the driver has not accepted a trip, but is logged on, only the driver’s private insurance is in play.
Common Causes of Rideshare Crashes in the Capital Region
Our attorneys frequently investigate Lyft and Uber crashes caused by unique factors specific to the rideshare industry:
- App Distraction: Drivers constantly looking down at their mounted phones for GPS directions or incoming ride requests instead of watching Capital District traffic.
- Driver Fatigue: Many drivers work standard full-time jobs and drive for Uber late at night to make extra income, leading to dangerous drowsiness behind the wheel.
- Unsafe Pickups and Drop-offs: Sudden stops, illegal U-turns, and pulling into active lanes of traffic on congested roads like Central Avenue or Broadway in Saratoga Springs.
What to Do If You Are Injured
Whether you were a passenger in a Lyft or Uber, a pedestrian, or the driver of another vehicle hit by a rideshare driver, you must act quickly:
- Call 911: Always be sure that the police investigate the accident. If the Uber driver caused the crash, do not let them convince you to settle it “off the app” with cash.
- Screenshot the App (If you are a passenger): Take a screenshot of your ride receipt, the driver’s profile, and the route. This definitively proves you were an active passenger in Phase 3.
- Get Medical Help: Go to Albany Medical Center or other appropriate hospital to be properly assessed and treated.
- Do Not Speak to Uber’s Investigators: Uber and Lyft have dedicated rapid-response legal teams. If they call you, decline to provide a recorded statement and direct them to your attorney.
Hire the Capital District’s Premier Injury Lawyers
You cannot fight a multi-billion dollar tech company and their insurance providers on your own. At Anderson, Moschetti & Taffany, PLLC, our trial-tested attorneys possess over 100 years of combined experience and have secured multi-million dollar verdicts for our clients across Upstate New York.
We handle all rideshare accident cases on a contingent fee basis. You pay nothing upfront, and we only collect a legal fee if we secure a settlement or jury verdict in your favor.
Contact our offices in Latham or Saratoga Springs today at (518) 785-4900 for a free, entirely confidential case evaluation.