What Happens If You're Injured in an Uber or Lyft Accident With Morgan & Morgan in New York?

Understanding No-Fault Benefits, Rideshare Coverage, and Liability

If you were injured in an Uber, Lyft, or other rideshare accident in New York, determining which insurance coverage may apply can be more complicated than after a typical car accident.

Coverage can depend on factors such as who caused the crash, whether you were a passenger, another driver, pedestrian, or cyclist, and what the rideshare driver was doing at the time of the accident.

Morgan & Morgan can review the circumstances of the crash, investigate the available insurance coverage, and help you understand what options may be available for pursuing compensation.

Note: Rideshare vehicles operating in New York City are subject to separate rules administered by the New York City Taxi and Limousine Commission. Insurance and other requirements may differ from those that apply to rideshare services elsewhere in New York State.

How Insurance Coverage Works After a New York Rideshare Accident

Rideshare accidents can involve multiple insurance policies and different types of coverage. Which policy may apply can depend on who was injured, who caused the crash, and what the rideshare driver was doing at the time.

New York No-Fault Insurance

New York generally uses a no-fault insurance system for motor vehicle accidents. No-fault coverage, also called Personal Injury Protection (PIP), may help pay certain accident-related medical expenses, lost earnings, and other covered economic losses regardless of who caused the crash.

Where a no-fault claim is filed can depend on how you were involved in the accident. For example, a passenger generally seeks no-fault benefits through the insurance covering the vehicle they were riding in, while a driver of another vehicle generally looks to the coverage for that vehicle. Different rules may apply to pedestrians, cyclists, and people involved with uninsured vehicles.

No-fault benefits are separate from a claim seeking compensation from an at-fault party. Depending on the injuries and circumstances, additional compensation may be available through a liability claim.

The Rideshare Driver’s App Status

Outside New York City, the rideshare driver’s activity on the app can affect which insurance coverage applies.

• Driver is offline: If the driver is not logged into the rideshare platform, the accident is generally handled under the insurance applicable to the driver’s personal use of the vehicle.
• Driver is logged in and waiting for a ride: New York requires additional insurance coverage while a rideshare driver is logged into the platform but has not yet accepted a passenger request.
• Driver has accepted a ride: Different coverage requirements apply once the driver accepts a ride request and continue while the driver travels to the passenger, transports the passenger, and until the trip ends.

Determining the driver’s status at the time of the crash can therefore be an important part of identifying potentially available insurance coverage.

Evidence Can Help Identify Available Coverage

After a rideshare accident, information about the driver and the trip may help determine which policies were in effect. Useful evidence may include:

• The driver’s name and insurance information
• Screenshots or records from the Uber or Lyft app
• Trip receipts or ride confirmations
• Photographs of the vehicles and accident scene
• Police reports
• Witness information

An attorney can investigate the driver’s app status, review the insurance policies involved, and help determine which sources of coverage may apply to the accident.

When a Rideshare Claim May Go Beyond No-Fault Benefits

New York’s no-fault system generally provides certain benefits after a motor vehicle accident regardless of who caused the crash. Depending on the circumstances, however, an injured person may also be able to pursue a claim against a driver or another responsible party.

For motor vehicle personal injury claims subject to New York’s no-fault law, shared responsibility can affect recovery. If you are partly responsible for the accident, your compensation may be reduced based on your share of fault. Depending on how responsibility is divided, shared fault may also prevent recovery from another party.

New York law also limits when an injured person can recover compensation for pain and suffering and other non-economic losses after a motor vehicle accident. Generally, the injury must meet the state’s legal definition of a “serious injury.”

A serious injury can take several forms and is not limited to catastrophic injuries. Depending on the circumstances, qualifying injuries may include fractures, significant disfigurement, permanent loss or limitation of a body function or system, or other injuries that satisfy the statutory standard.

Whether you can pursue a claim, and what types of damages may be available, can depend on the nature of your injuries, who caused the crash, the rideshare driver’s app status, and the insurance coverage available.

What to Expect From Morgan & Morgan

Morgan & Morgan offers free case evaluations for people injured in Uber, Lyft, and other rideshare accidents in New York.

If we take your case, our team can review the circumstances of the crash, investigate the rideshare driver’s app status, identify potentially available insurance coverage, and gather relevant evidence such as trip records, communications, photographs, and witness information.

We work on a contingency fee basis, which means you do not pay upfront attorney’s fees. If we recover compensation for you through a settlement or verdict, the attorney’s fee is calculated as a percentage of that recovery. If we do not recover compensation for you, you do not pay an attorney’s fee.

If you were injured in a New York rideshare accident and have questions about your legal options, contact Morgan & Morgan today for a free case evaluation.