What Are Your Legal Rights After an Uber Accident in NYC?

If you need help filing a rideshare claim, an Uber accident lawyer can help

Uber and other rideshare services have changed how people get around New York City. But when a crash happens, figuring out who is responsible and your legal rights can be confusing. Unlike traditional car accidents, where liability is often straightforward, Uber accidents involve multiple parties, insurance policies, and legal considerations.

You may have the right to compensation if you were injured in an Uber crash—whether as a passenger, another driver, a pedestrian, a bicyclist, or even the Uber driver. Understanding your rights after an Uber accident can help you take the right steps to protect yourself and recover the damages you deserve.

Who is responsible for an Uber accident?

Liability in an Uber accident depends on who caused the crash and whether the Uber driver was actively using the app at the time. There are several possible at-fault parties, and determining liability requires looking at the circumstances of the accident.

If the Uber driver was at fault, their insurance or Uber’s policy may cover your damages. If another driver caused the crash, that driver’s insurance should be responsible. In some cases, a third party—such as a government agency responsible for road maintenance or a vehicle manufacturer—may share liability.

What insurance covers an Uber accident?

Uber provides insurance coverage for collisions, but the amount and type of coverage depend on the driver’s status in the app. If the driver wasn’t logged into the Uber app at the time of the crash, Uber’s insurance doesn’t apply. The driver’s personal auto insurance is responsible.

If the driver was logged in but hadn’t yet accepted a ride request, Uber provides contingent coverage, which includes up to $50,000 per person and $100,000 per accident for injuries, plus $25,000 for property damage—only if the driver’s personal insurance doesn’t cover the accident.

If the driver had accepted a ride or had a passenger in the car, Uber’s $1 million liability insurance policy covers injuries and damages for passengers, other drivers, and pedestrians. This policy also includes uninsured/underinsured motorist coverage, which protects passengers if another driver caused the crash but lacks enough insurance.

Understanding which insurance policy applies can help you file a successful claim and get the compensation you need. That’s why it’s so important to consult an experienced Uber accident lawyer who can review the details of your case and explain your potential options.

What are your rights as a passenger in an Uber?

As an Uber passenger, you have the right to seek compensation for your injuries and losses if you were injured in a crash. Whether the Uber driver or another driver caused the crash, you may file a claim against the at-fault party’s insurance.

If the Uber driver was responsible, Uber’s $1 million liability policy should cover your damages. If another driver hit the Uber, their insurance should pay. However, Uber's coverage should still apply if that driver is uninsured or underinsured.

Since New York follows a no-fault insurance system, you may also be eligible for personal injury protection (PIP) benefits, which cover medical expenses and lost wages, regardless of who caused the crash. However, PIP coverage may not fully compensate you for pain, suffering, or long-term damages, so you may need to pursue an additional claim.

What are your rights if an Uber driver hits you?

If an Uber driver hits your vehicle, bike, or you as a pedestrian, your legal options depend on whether the driver was on duty. If the driver was not using the Uber app at the time, their personal auto insurance applies. Uber's insurance may cover your damages if the driver was active on the app.

If you suffered serious injuries, you may have the right to file a personal injury lawsuit against the at-fault driver. In cases where Uber’s $1 million policy applies, this insurance may fully cover your damages.

However, insurance companies don’t have your best interests in mind. They often try to reduce their financial obligations to crash victims, which is why you should consider working with a skilled NYC Uber accident lawyer.

What compensation can you recover for an Uber accident?

You may be entitled to compensation for all crash-related damages and losses if you were injured in an Uber accident, such as:

• Medical expenses: This includes emergency care, hospital bills, surgeries, physical therapy, and future medical costs related to the accident.
• Lost wages: You can get compensation for missed work and loss of future earning potential.
• Pain and suffering: If you experienced physical pain, emotional distress, and loss of enjoyment of life, you can seek compensation for non-economic damages.
• Wrongful death damages: If a loved one was killed in an Uber accident, you may be able to recover funeral expenses, loss of income, and other damages.

What to do after an Uber accident in NYC

An Uber accident can be disorienting, whether you're a passenger, another driver, a bicyclist, or a pedestrian. These steps can impact your health, legal rights, and financial recovery:

1. Get emergency help and call the police

Dial 911 if you’re injured or need medical attention, and make sure you call the police right away. In New York, any accident involving injuries or property damage should be reported to the police. A police report provides an official account of what happened, which can help establish fault.

2. Seek immediate medical attention

Even if you feel fine, see a doctor as soon as possible. Some injuries, like concussions or internal bleeding, may not show symptoms right away. Medical records also provide evidence for your claim. Delaying care can hurt both your health and your potential legal case.

3. Gather evidence at the scene

If you’re able to, document the Uber accident with evidence:

• Take photos and videos of vehicle damage, the crash site, traffic signs, and road conditions.
• Get contact and insurance details from the Uber driver and other parties involved.
• Ask witnesses for their contact information.
• If you were a passenger, screenshot your Uber ride details, including trip time and driver information.
• If your injuries prevent you from doing this, ask someone to help.

4. Report the accident to Uber

Uber requires drivers to report car accidents, but you should also submit a report through the app or website. Be careful with your wording, stick to the facts, and avoid admitting fault or downplaying your injuries. Uber’s support team may contact you, but remember that their priority is to limit the company’s liability.

5. Consult a lawyer before speaking with insurance companies

Uber’s insurer, the driver’s personal insurance, or another at-fault party’s insurance provider may contact you with a settlement offer or a request for statements. These early offers are often low and designed to close your case quickly. Speaking with an Uber accident attorney first can help protect your rights and maximize your compensation.

A lawyer can help by:

• Investigating the accident and determining fault.
• Gathering evidence to support your claim.
• Handling all communications with insurance companies.
• Negotiating a fair settlement.
• Filing a lawsuit if necessary to get the compensation you deserve.

Contact an Uber accident attorney in the Bronx today

An Uber accident can leave you dealing with serious injuries, medical bills, and uncertainty about how you’ll make ends meet. The Bronx rideshare accident lawyers at Giampa Law have the experience and resources to fight for the maximum compensation you deserve.

We know how to take on big insurance companies and won’t let them pressure you into settling for less. Whether the rideshare driver, another motorist, or even the rideshare company itself is responsible, we’ll investigate every detail and build a strong case on your behalf.

Our Bronx law firm works on a contingency fee basis, so you don’t pay anything unless we win your case. We offer a free consultation to review your case, answer questions, and explain your legal options. Contact us today to schedule your free consultation, and let us fight for the justice and compensation you deserve.

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