Can I Sue Uber if My Driver Crashes in NY?

Ridesharing services like Uber have revolutionized transportation, offering convenience at the tap of a button. However, accidents can and do happen. If you’re involved in an Uber-related accident in New York, understanding your legal rights and insurance coverage is crucial.

This article breaks down Uber’s insurance policies, liability rules, and the legal actions you can take after an accident. Whether you are a passenger, driver, pedestrian, or another motorist, knowing what steps to take can make a significant difference in recovering damages.

Uber’s Insurance Coverage in New York

Uber provides different levels of insurance coverage depending on the driver’s status at the time of the accident. The coverage varies based on whether the driver is offline, waiting for a ride request, or actively transporting a passenger.

Driver Was Not Using the Uber App
If the Uber driver was not logged into the app at the time of the accident, Uber provides no coverage. In this case, the driver’s personal auto insurance policy applies. New York law requires all drivers to carry at least the state’s minimum liability insurance.

Driver Was Waiting for a Ride Request
When an Uber driver is logged into the app and waiting for a ride request but has not yet accepted one, Uber provides contingent liability coverage:

• $75,000 per person for bodily injury
• $150,000 per accident for bodily injury
• $25,000 for property damage

This coverage is only secondary, meaning the driver’s personal insurance is used first, and Uber’s insurance applies if the driver’s insurance does not fully cover the damages.

Driver Was En Route to Pick Up a Passenger or Had an Active Ride
If the Uber driver was on their way to pick up a rider or had a passenger in the vehicle, Uber provides $1 million in liability coverage. This policy includes:

• Third-party liability coverage
• Uninsured/underinsured motorist coverage
• Contingent comprehensive and collision coverage (if the driver has personal comprehensive/collision coverage)

This means that whether you were a passenger, another driver, or a pedestrian, you can file a claim against Uber’s $1 million policy if an accident occurs during this stage.

 

Who Can You Sue After an Uber Accident?

Determining liability after an Uber accident depends on who caused the crash and whether Uber’s policies cover the damages. Here’s a breakdown of potentially liable parties:

Suing Uber Directly
Suing Uber can be challenging because the company classifies its drivers as independent contractors, not employees. However, there are exceptions where Uber could be held liable:

• Negligent hiring practices (e.g., Uber failed to conduct background checks on a driver with a history of reckless driving).
• App-related malfunctions (e.g., technical issues in the Uber app led to driver distraction or an accident).
• Negligence in Uber’s policies (e.g., Uber ignored complaints about a dangerous driver).

If your accident involved any of these situations, consulting a personal injury lawyer is essential to explore legal options.

Suing the Uber Driver
If an Uber driver was at fault, you can file a claim against their personal auto insurance or Uber’s insurance, depending on the driver’s status at the time of the accident.

If the driver was logged into the Uber app, Uber’s contingent or full liability coverage would apply. If they were offline, their personal auto insurance would be responsible.

Suing a Third Party
If another driver (not the Uber driver) caused the accident, you would file a claim against that driver’s insurance company. In cases where the at-fault driver is uninsured or underinsured, Uber’s uninsured motorist coverage may provide compensation.

 

When Can You Sue Uber Directly?

Although Uber’s insurance policies cover most accident-related claims, there are specific instances where you may sue Uber itself:

If Uber failed to conduct proper background checks

• Example: If Uber allowed a driver with a suspended license or multiple DUIs to continue driving.

If Uber’s app had technical malfunctions that contributed to the crash

• Example: A system glitch distracted the driver, causing a collision.

If Uber’s policies encouraged unsafe driving

• Example: If Uber’s pressure for drivers to accept more rides led to reckless driving.

If you suspect Uber’s negligence contributed to your accident, an attorney can evaluate whether you have a valid case against the company.

 

Steps to Take After an Uber Accident

If you are involved in an Uber-related accident, taking immediate action can strengthen your claim and ensure you receive proper compensation.

Call 911
Always report the accident to the police. A police report is a crucial piece of evidence when filing an insurance claim or lawsuit.

Gather Evidence
Collect as much evidence as possible, including:

• Photos and videos of the accident scene
• Contact information of witnesses
• The Uber driver’s details (name, license plate, and insurance information)
• Screenshots from the Uber app showing ride details

Seek Medical Attention
Even if you feel fine, get a medical evaluation. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent.

Report the Accident in the Uber App
Uber requires accidents to be reported within their app. Open the app, go to “Trip History”, select the ride, and follow the instructions to file an accident report.

Contact a Personal Injury Lawyer
A lawyer can help you navigate insurance claims, settlement negotiations, and potential lawsuits. Many injury lawyers offer free consultations, so speaking with one as soon as possible is a smart move.

 

Statute of Limitations: How Long Do You Have to Sue?

In New York, the statute of limitations for personal injury lawsuits is generally three years from the date of the accident. However, there are exceptions:

• If the claim is against a government entity, you may have only 90 days to file a notice of claim.
• If the injured person is a minor, the three-year limit may start once they turn 18.

To ensure you don’t miss any deadlines, consult a lawyer as soon as possible.

 

Protecting Your Rights After an Uber Accident

Being involved in an Uber accident can be overwhelming, but understanding your rights and taking the right steps can help secure compensation for your injuries, medical expenses, and damages. Whether you’re a passenger, driver, pedestrian, or another motorist, knowing when Uber’s insurance applies and who you can sue is crucial.

If you or a loved one have been injured in an Uber-related accident in New York, don’t wait—consult a personal injury lawyer today to explore your legal options.

 

Need Legal Help? Contact Marvin A. Cooper, P.C. Today!

Navigating insurance claims and lawsuits can be complicated. If you need assistance, contact a Marvin A. Cooper, P.C. today. Many attorneys offer free case evaluations and work on a contingency basis, meaning you pay nothing unless you win.

Don’t delay—protect your rights and seek the compensation you deserve!