NEW YORK CITY TAXI DRIVER ATTORNEY

WITTENSTEIN & WITTENSTEIN – RIDESHARE DRIVER ATTORNEY

PROFESSIONAL DRIVER’S COVERAGE FOR MEDICAL BILLS, LOST EARNINGS AND OUT OF POCKET EXPENSES

It is important for a professional driver to know that the “no-fault” car insurance will often NOT cover them for medical bills, lost earnings and out of pocket expenses if they are working for a fleet, but the fleet’s Worker’s Compensation policy will cover them.   Here are some guidelines:

1. If you are a medallion owner or livery owner, no-fault will generally cover you.
2. A driver, operator or lessee is considered an employee unless they are leasing a car from the owner of the taxi and the owner of the taxi personally, regularly drives the taxi an average of 40 or more hours a week.
3. To avoid having a Worker’s Compensation policy for a lessee, the lessee must meet the criteria as an independent contractor.  This means that the owner-operator may not in any way “control, direct, supervise, or have the power to hire or fire such lessee.”
4. There is also the issue of whether or not a driver was “in the course of their employment.”  There are “gray areas” such a driver’s on their way back to the base or on a lunch break.

In this case, an experienced Professional Driver Attorney will file for both no-fault and Worker’s Compensation and let the insurance companies battle it out, ensuring that you have coverage either way.  This is complicated stuff, and the facts of your particular situation will ultimately dictate where coverage is obtained.  This is not something you want to risk doing on your own.  You need Professional Driver Attorney – Wittenstein & Wittenstein to help you navigate this territory!

Medical benefits under no-fault and worker’s compensation differ.   No-fault allows you to treat immediately, getting the testing and procedures you need from doctors that accept no-fault insurance.  You are required to attend examinations with doctors hired by the insurance company and sometimes the benefits will be cut off quickly.  Some doctors, knowing that no-fault cuts off benefits quickly, are willing to treat patients after their cut-off and hire lawyers to arbitrate their bills with the insurance company.  If a person truly was in need of care, they are usually successful in collecting payments for their bills, and will not charge the patients if they don’t collect money.  For more information on “no-fault” benefits, see our blog post “Everything You’ve Ever Wanted to Know About No-Fault.”

Worker’s Compensation has a different structure.  Most medical testing and procedures will require approval from Worker’s Compensation, so there can be delays in care, but it is much more generous with the length of treatment.  There are other benefits available from Worker’s Compensation.

SPECIAL LAWS AND REGULATIONS FOR UBER AND LYFT

New York City has taken action to hold Uber drivers to high standards and passed some of the toughest rideshare regulations in the country. Uber drivers in NYC must hold a special license issued by the New York Taxi and Limousine Commission, and carry insurance designed for cabbies and other commercial drivers.  Just like taxi drivers, the New York Taxi and Limousine Commission requires rideshare drivers transporting up to eight passengers to have a minimum of $200,000 in no-fault insurance, and liability policies that cover at least $100,000 per person and $300,000 per incident.  These minimum rates were mandated to protect drivers after several high profile accidents where Uber drivers were seriously injured while driving their own car while on their way to pick up a passenger, and Uber refused to provide coverage.  That said, accidents while driving an Uber are complicated, and you need the an attorney that is a specialist in the field, dedicated to helping drivers.  You need Rideshare Driver Attorney – WITTENSTEIN & WITTENSTEIN!

We dedicate ourselves to helping drivers, always up on the latest changes in laws and regulations, and the best part is, you don’t have to pay us a dime until we collect money for you.  You’ve got nothing to lose and everything to win.  Call us for a FREE CONSULTATION at 718-261-8114.