Attorney for Uber Accident in New York: Who Pays and What to Do After the Crash

Ordering an Uber or Lyft in Queens is as normal as taking the 7 train. That's why, when a crash occurs, many people are surprised to discover how complicated the claim can be. Does the driver's insurance pay, Uber's, or the other car's? What if you were the passenger, the driver, or a pedestrian? This guide, written by an Uber accident attorney in New York, explains in simple terms who pays, what deadlines exist, and what you must do to protect your case.

First: no-fault insurance pays your medical expenses

New York is a no-fault state. This means that, after a car crash, basic medical expenses and a portion of lost wages are paid through no-fault insurance, regardless of who caused the accident. If you were a passenger in an Uber or Lyft, the no-fault claim is normally filed with the insurer of the vehicle you were traveling in.

The no-fault benefits application has a very short deadline: generally 30 days from the accident. If you don't file it on time, you may lose those benefits. You can read more about this system in our no-fault insurance guide.

After: the claim for injuries against the liable party

No-fault does not pay for pain and suffering. To claim that compensation against the responsible driver, New York law generally requires proving a "serious injury threshold (serious injury)" under Insurance Law § 5102(d). Some examples are fractures, significant loss of use of a body part, or an injury that prevents you from performing your normal activities for at least 90 of the first 180 days.

What Uber or Lyft insurance applies?

Coverage depends on what the driver was doing in the app at the time of the crash:

• App off: the driver is a private driver and, in general, only their personal policy applies.
• App on, waiting for a trip: limited commercial coverage may apply.
• On the way to pick up a passenger or during the trip: normally higher commercial coverage applies.

In New York City, Uber and Lyft drivers are licensed by the Taxi and Limousine Commission (TLC), and their vehicles must carry commercial insurance for rental vehicles. Outside the city, state law on transportation network services establishes its own insurance requirements. In practice, finding out which policy applies and how much it covers is one of the first steps in any case.

If the other driver was at fault

Many Uber crashes are caused by another vehicle: someone running a red light on Roosevelt Avenue or changing lanes without looking on the Van Wyck. In that case, your claim for injuries can be directed against that other driver's insurance, and sometimes also against the Uber driver if both shared fault. If the responsible driver had no insurance or insufficient insurance, uninsured/underinsured motorist (SUM) coverage from your own policy or the commercial policy may apply.

If you are an Uber or Lyft driver

If you drive for Uber or Lyft and were injured, your situation is different. Depending on your status and the circumstances, you may be entitled to benefits through the rental vehicle driver benefits fund (Black Car Fund) or other coverages, in addition to a claim against the other driver if they caused the crash. Each case is different, so it's best to speak with an attorney before signing any documents.

If you were a pedestrian or cyclist

If an Uber or Lyft hit you while you were walking or riding a bicycle, you normally also have the right to no-fault benefits and a claim for injuries against the driver. Keep all trip information you can, such as the time, location, and vehicle license plate.

What to do after an Uber or Lyft crash

1. Seek medical attention the same day, even if you feel fine.
2. Call the police and ask for the report number.
3. Take screenshots of the trip in the app: driver, plate, time, and route.
4. Photograph the vehicles, the location, and your injuries.
5. Write down the names and phone numbers of witnesses.
6. Report the accident in the Uber or Lyft app.
7. File the no-fault claim within 30 days.
8. Do not give recorded statements to any insurer before speaking with an attorney.

Comparative negligence and deadlines

New York applies pure comparative negligence under CPLR § 1411: if you were partially at fault, your compensation is reduced by that percentage, but does not disappear. In general, you have three years to file a claim for injuries under CPLR § 214. If the case involves the city or another public entity, you normally must file a notice of claim (notice of claim) within 90 days.

For more information, visit our page of Uber accident attorneys in Queens or our page on Uber and Lyft accidents.

Frequently asked questions

Do I need an Uber accident attorney if no-fault already paid my expenses?

No-fault only covers basic expenses and part of wages. It does not pay for pain and suffering. An Uber accident attorney can identify which policy applies and claim full compensation if your injury meets the serious injury threshold requirement.

Can I sue Uber directly?

It depends on the facts. Often the claim is directed against the driver and the commercial coverage that applies during the trip, rather than against the company. Each case must be carefully reviewed.

Do you charge for the consultation?

No. The consultation is free and we only charge a fee if we win your case.

Visit Yakov Mushiyev & Associates

Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, near the Cross Island Parkway, at the border between Queens and Nassau. If you cannot come in, we come to your home, hospital, or we speak by video.

Speak with an Uber accident attorney today

Yakov Mushiyev & Associates has recovered over $80 million for people injured in New York. The consultation is free, we speak Spanish, English, and Russian, and we do not charge a fee unless we win.

Call 718.775.3110 or contact us online for a free evaluation of your case.

This article is general information, not legal advice. Each case is different. Lawyer advertising.