Rideshare accidents involving Uber can bring many legal challenges, especially when figuring out who is responsible and how to pursue compensation as a passenger after an accident. Uber has insurance policies in place for its drivers, but the specifics depend on whether the driver was logged into the app or actively transporting a passenger when the accident happened. If you were involved as a passenger, pedestrian, or another driver, it’s vital to know your legal options and the steps you need to take to build a strong case.
If you’ve found yourself dealing with the consequences of an Uber accident in New York, getting the right legal support is crucial. At K L Sanchez Law Office, P.C., our experienced team of Queens Uber and Lyft accident lawyers understands the details of these cases and can guide you through each step of the process to fight for the compensation you deserve. Contact us today at (646) 701-7990 to schedule a consultation and get the support you need to move forward confidently.
Legal Grounds for Suing Uber After an Accident
To effectively sue Uber after an accident in New York, it’s essential to understand the legal foundation surrounding rideshare services and the specific circumstances under which Uber can be held liable. The relevant laws, such as the Vehicle and Traffic Law (VAT) §1693, outline the insurance responsibilities and protections available to passengers, pedestrians, and other drivers involved in an accident with an Uber vehicle.
Understanding TNC Insurance Obligations in New York
Transportation Network Companies (TNCs) like Uber are required to maintain specific insurance coverage for accidents involving their drivers. New York law mandates that TNCs provide insurance policies covering incidents that occur while a driver is logged into the app and while they are actively transporting passengers. This coverage includes liability for bodily injury, property damage, and uninsured/underinsured motorist coverage.
The amount of coverage available depends on the driver’s status at the time of the accident. Understanding this structure is critical when pursuing a claim, as it determines whether the TNC’s policy will cover the expenses, which can include medical bills, lost wages, and other damages resulting from the accident.
The Impact of New York’s Vehicle and Traffic Law on Liability
New York’s Vehicle and Traffic Law (Article 44-B, VAT §1693) establishes the financial responsibility standards for rideshare companies, ensuring that these companies maintain group insurance policies that meet state requirements at different service stages.
This regulation guarantees that passengers and third parties injured in rideshare accidents have access to compensation. It mandates that these insurance policies are effective from the moment a driver logs into the app, providing coverage even if a driver’s personal insurance lapses or is insufficient.
The law also specifies that a TNC cannot rely on a denial of coverage from the driver’s insurance before offering its own coverage. This provision is designed to prevent delays in claims and ensures that victims have a direct path to compensation. Understanding how these legal frameworks operate is essential to determine if there are grounds for suing the TNC directly or if compensation should be sought through the driver’s insurance.
Who Can Be Held Responsible for an Uber Accident in New York
Determining responsibility for an Uber accident in New York involves understanding the various parties that could potentially be liable. Depending on the circumstances, liability may rest with the Uber driver, other motorists, pedestrians, cyclists, third parties like vehicle manufacturers or construction companies, or even Uber itself under specific conditions.
When the Uber Driver Is at Fault
In many Uber accident cases, the Uber driver’s negligence or misconduct may be the primary cause of the collision. Common examples of driver negligence include distracted driving (such as using a phone), speeding, failing to obey traffic signals, driving under the influence, and fatigued driving. In these scenarios, the driver may be held liable for the damages caused by their actions.
When Another Motorist Is at Fault
Accidents involving Uber vehicles are not always caused by Uber drivers. If another motorist’s actions, such as running a red light or rear-ending the Uber, caused the accident, that motorist may be held responsible. In these situations, the other driver’s personal auto liability insurance would typically cover the injuries and damages.
Liability for Uber Driver Misconduct or Intentional Acts
In rare cases, an Uber driver may cause harm to passengers through intentional misconduct, such as assault or other deliberate actions. Uber’s insurance policy generally does not cover damages resulting from intentional acts, as these fall outside the scope of ordinary negligence.
If an Uber driver commits such an act, the injured party may need to file a civil lawsuit directly against the driver. However, Uber may also face direct liability if it can be proven that the company was negligent in hiring, supervising, or retaining the driver. For example, if Uber hired a driver with a history of violence or criminal behavior and that driver assaults a passenger, the injured party could pursue a claim against Uber for negligent hiring or retention practices.
Third-Party Liability: Other Entities That May Be Responsible
Besides the Uber driver and other motorists, other parties could also bear responsibility for an Uber accident. These third parties may include:
- Pedestrians and Cyclists: If a pedestrian or cyclist’s negligent behavior, such as jaywalking or riding against traffic, contributes to the accident, they may share liability.
- Vehicle Manufacturers: If a defect in the Uber vehicle or another vehicle involved in the collision contributes to the accident, the manufacturer may be held liable under product liability laws.
- Road Maintenance and Construction Companies: If poor road conditions, such as improper signage, potholes, or construction zone negligence, play a role in the accident, the entities responsible for maintaining or constructing the road may be liable.
Understanding who may be held accountable in these cases is critical for determining the best course of action for pursuing compensation. An experienced Queens Uber and Lyft accident attorney can help identify all potentially responsible parties, ensuring that the injured party’s rights are protected and that they receive the compensation they deserve.
Queens Uber and Lyft Accident Lawyer
Keetick L. Sanchez
Keetick L. Sanchez, Esq. is a dedicated Queens Uber and Lyft accident lawyer and lifelong New Yorker who fights tirelessly for her clients. She represents individuals across New York City in personal injury, administrative, civil, and criminal cases, combining compassion with courtroom skill.
- Former trial litigation paralegal handling Labor Law 240, 241(6), and motor vehicle accident cases
- Graduated from Touro College Jacob D. Fuchsberg Law School
- Extensive litigation experience at a NYC personal injury firm
- Interned with Nassau County District Attorney’s Office (S.N.A.G. Bureau) and International Refugee Assistance Project (I.R.A.P.)
- Admitted to practice law in all NYC boroughs and the State of Texas
Uber’s Insurance Policy Coverage for Accidents
Uber provides specific insurance coverage for its drivers depending on their status within the app during an accident. The policy varies based on if the driver is offline, logged into the app but not yet on a trip, or actively transporting passengers.
Coverage When the Driver Is Offline
When an Uber driver is offline, meaning they are not logged into the app and not available to accept ride requests, Uber’s insurance policy does not apply. In these situations, the driver’s personal auto insurance is responsible for covering any accidents or damages. Drivers are required to maintain personal automobile insurance that complies with state-mandated minimum coverage limits to drive for Uber.
The offline period essentially treats the vehicle as any other private vehicle on the road. If an accident occurs during this time, it would be handled as any typical personal auto claim. For example, the driver’s insurance would cover damages to other vehicles or injuries to other parties up to the limits of their personal policy. This coverage emphasizes the necessity for Uber drivers to ensure their personal insurance meets all legal requirements, as Uber will not provide coverage when they are offline.
Coverage When the Driver Is Online but Not on a Trip
When an Uber driver logs into the app but has not yet accepted a ride request or is waiting for one, Uber’s contingent insurance policy comes into play. This period is often referred to as “period one” in the rideshare industry. The coverage during this period includes:
- Third-Party Liability: If an accident occurs while the driver is logged into the app and waiting for a ride, Uber’s policy covers third-party liability. This includes up to $50,000 per person for bodily injuries, $100,000 per accident for total injuries, and $25,000 for property damage. This insurance is activated if the driver’s own insurance does not cover the damages or falls short of these amounts.
- Uninsured/Underinsured Motorist Coverage: Uber may also provide additional coverage if the other driver involved in the accident does not have sufficient insurance. This type of protection is crucial, especially in cases where the driver is not at fault, as it ensures compensation for injuries sustained in an accident caused by a driver without adequate insurance.
- Personal Injury Protection (PIP): Depending on state laws, Uber may offer PIP benefits that cover medical expenses and lost wages for the driver and passengers, regardless of fault. This coverage is especially valuable in no-fault states like New York, where PIP ensures that injured parties receive compensation quickly, without having to establish who caused the accident
This contingent policy aims to fill the gaps left by a driver’s personal insurance when they are logged in but not actively transporting a passenger, providing protection against third-party claims that may arise during this period.
Coverage When the Driver Is En Route or On a Trip
The most extensive insurance coverage from Uber applies when the driver has accepted a ride request and is either en route to pick up a passenger or actively transporting them. This period is often referred to as “period two” and “period three” in the rideshare context. During these periods, Uber’s insurance coverage includes:
$1 Million Liability Coverage
Uber maintains a $1 million liability insurance policy that covers bodily injury and property damage to third parties if the Uber driver is at fault. This coverage is meant to provide substantial protection to passengers, pedestrians, and other drivers who may be affected by an accident involving an Uber driver. The $1 million liability limit ensures that victims have sufficient access to compensation for medical bills, lost wages, and property repairs or replacements.
Collision and Comprehensive Coverage
If the driver has collision and comprehensive coverage under their personal insurance policy, Uber’s policy will supplement it by covering the costs to repair the driver’s vehicle, up to its actual cash value. This additional coverage applies regardless of fault, ensuring that the driver’s vehicle is protected even if the accident was not their responsibility. However, Uber’s coverage in this scenario is subject to a $2,500 deductible, which the driver must pay out-of-pocket before insurance benefits are applied.
Optional Injury Protection
In some states, Uber offers an optional injury protection plan for drivers. This coverage provides additional benefits, such as payment for medical expenses and disability benefits if the driver is injured while on a trip. It also may include death benefits in cases of fatal accidents. Optional Injury Protection is specifically designed to give Uber drivers added security and financial protection beyond the basic coverage, helping drivers manage the costs associated with accidents that occur while they are providing Uber services.
| Driver App / Trip Status | Type of Uber Coverage | Key Features / Limits |
|---|---|---|
| Offline (not logged into the app, not available to accept ride requests) | None from Uber; driver’s personal auto insurance applies | Driver must maintain personal auto insurance that meets state minimums; vehicle treated as a regular private vehicle |
| Online but not yet on a trip (logged into the app but no ride accepted) | Contingent liability from Uber; may include uninsured/underinsured motorist (UM/UIM) and personal injury protection (PIP) depending on state | Typical limits: $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage; coverage applies if driver’s personal insurance does not cover the loss |
| En route or on a trip (accepted a ride request, either heading to pick up or transporting passenger) | Full Uber coverage including $1 million liability, contingent collision and comprehensive coverage, and optional injury protection in some states | Liability up to $1 million; collision and comprehensive up to vehicle’s actual cash value with a $2,500 deductible if driver has personal coverage; optional injury protection provides additional medical and disability benefits |
How Pure Comparative Negligence Affects Uber Accident Claims
In New York, Uber accident claims can become more complicated when more than one person contributes to the crash. The state follows a pure comparative negligence rule, which means that each party involved is assigned a percentage of fault. This system allows an injured person to recover damages even if they share some of the blame for the accident.
Here’s how it works: if you were hurt in an Uber crash and the court determines you were 20% at fault while another driver was 80% at fault, you could still recover 80% of your total damages. For instance, if your losses amount to $100,000, you would be entitled to $80,000 after your share of fault is deducted. This rule applies whether the fault lies with the Uber driver, another motorist, or even the injured passenger.
Because liability is divided, gathering clear evidence becomes critical. Photos, dashcam footage, police reports, and witness statements all help establish who contributed to the crash and by how much. The goal is to show how each party’s actions led to the accident so the court can assign fair responsibility.
Understanding pure comparative negligence is important for knowing what compensation you might receive after an Uber accident. Even if you think you played a small role in what happened, it’s still worth pursuing a claim because you may be entitled to recover a meaningful portion of your damages.
Filing a Lawsuit Against Uber in New York City: Key Considerations
Filing a lawsuit against Uber in New York City involves understanding the different legal frameworks governing rideshare operations. The laws applicable to Uber drivers and passengers differ depending on where the trip originates and ends. New York City has its own specific regulations, separate from the state’s broader rules outlined in Vehicle and Traffic Law (VTL) Article 44-B.
Understanding the Jurisdictional Differences: New York City vs. New York State
VTL Article 44-B governs TNC operations in New York State but explicitly excludes trips originating within New York City. Uber drivers picking up passengers within the five boroughs are subject to New York City’s local regulations, which have different insurance requirements and operational guidelines. The city maintains its authority over these services, ensuring compliance with its standards for safety, insurance, and vehicle operations.
When filing a lawsuit, plaintiffs must recognize whether their claim falls under New York City’s regulations or the broader state laws, as this distinction determines the legal framework and insurance coverage applicable to their case. If an accident occurs during a trip that started outside New York City and ended within it, the broader state laws under VTL Article 44-B may still apply. This distinction is crucial when establishing liability and determining which insurance policy covers the damages.
Applicability of VTL Article 44-B for Trips Involving New York City
While VTL Article 44-B does not govern rides that originate in New York City, it does apply to trips that begin outside of the city but end within its limits. For example, if an Uber driver picks up a passenger in Westchester County or Long Island and drops them off in Manhattan, VTL Article 44-B’s insurance and operational requirements still govern the trip until its conclusion.
This continuity ensures that passengers and third parties are covered under the state’s mandated insurance policies throughout the entire journey, even when it crosses into New York City. Plaintiffs must understand this provision when filing a lawsuit, as it determines the applicable coverage and legal grounds for the claim. If the trip falls under VTL Article 44-B, the state-mandated coverage can be pursued, providing a basis for legal action.
Insurance Implications for Lawsuits Within New York City
New York City’s regulations for rideshare services differ from those under VTL Article 44-B. In New York City, Uber drivers must comply with the Taxi and Limousine Commission (TLC) requirements, which include maintaining specific insurance policies that may differ from those required elsewhere in the state. For example, the TLC mandates higher minimum insurance limits and different types of coverage compared to the state’s broader regulations.
When pursuing a claim for an accident involving an Uber driver in New York City, it’s important to verify which insurance policy is in effect based on the trip’s origin. For rides originating in the city, the driver’s compliance with TLC regulations becomes a focal point in the lawsuit. If the driver or Uber fails to meet these insurance obligations, it may provide a basis for liability, allowing the plaintiff to seek compensation through the courts.
Crossing State Lines: Implications for Legal Action
The applicability of VTL Article 44-B also varies when Uber drivers cross state lines. If a trip begins in New York State but ends in another state (e.g., Connecticut or New Jersey), the New York state regulations still govern the trip’s insurance requirements from start to finish. This provision ensures that passengers picked up within New York State receive the protection mandated by state law, even if their destination is outside state borders.
Conversely, if an Uber driver picks up a passenger outside New York State and brings them into New York, the laws of the originating state, not New York’s, apply. This is an important distinction for plaintiffs considering legal action, as the applicable insurance and legal requirements may differ significantly between states. Understanding the jurisdictional framework and applicable laws helps ensure that the right legal strategy is used when filing a lawsuit involving interstate trips.
Working with K L Sanchez Law Office, P.C. for Your Uber Accident Case
Dealing with the aftermath of an Uber accident can be challenging, especially when it comes to understanding complex insurance policies and determining liability. At K L Sanchez Law Office, P.C., our skilled Queens car accident lawyers are committed to helping you secure the compensation you deserve. Our team has the experience needed to handle all aspects of your claim, ensuring your rights are protected throughout the process.
If you’ve been injured in an Uber accident, contact K L Sanchez Law Office, P.C. today at (646) 701-7990 to schedule a consultation. Let us guide you in pursuing the compensation and justice you are entitled to.
