Dedicated Representation for Rideshare Accident Victims Across New York
If you or a loved one has been injured in an Uber or Lyft accident in New York, Bornstein & Emanuel, P.C. can help you pursue the compensation you need to recover. Rideshare accident claims involve layered insurance structures, multiple potentially liable parties, and strict filing deadlines that set them apart from typical car crashes. Our New York Uber and Lyft accident attorneys bring over 30 years of personal injury experience to these complex cases. We handle every aspect of your claim so you can focus on healing, and there is never a fee until we recover for you.
Why Choose Bornstein & Emanuel, P.C.?
When a rideshare accident turns your life upside down, you need a legal team with the focus, experience, and tenacity to take on large corporations and their insurers. Bornstein & Emanuel, P.C. provides:
- Exclusive focus on personal injury law since 1992
- Millions recovered in settlements and verdicts across all motor vehicle accident case types
- Kenneth Bornstein featured in the NY Law Journal for recovering one of the highest verdicts in New York County
- Anthony J. Emanuel recognized as a Super Lawyers honoree
- Spanish-speaking staff available to assist our community, Se Habla Espanol
- Free consultations and contingency-fee representation with no upfront costs
Our Garden City firm combines the sophisticated legal strategy of a large practice with the personal attention that only a dedicated, boutique team can offer. We take on difficult rideshare cases that other firms turn away and fight relentlessly for every client.
How Does Insurance Work in a New York Rideshare Accident?
As with other automobile accidents in New York, the state’s no-fault insurance law applies to Uber and Lyft crashes. However, the amount of available insurance coverage shifts dramatically depending on what the driver was doing at the time of the collision. New York added VTL Article 44-B in 2017 to regulate transportation network companies (TNCs) like Uber and Lyft and establish minimum insurance requirements for each phase of rideshare activity. The insurance coverage varies depending on the activity the driver is engaged in at the time of the accident.
When the App Is Off
When a rideshare driver has the application off and is presumably using the vehicle for personal use, the driver’s personal auto policy should apply to cover any accident. Uber and Lyft have no obligation to provide coverage during this time. From a liability standpoint, this situation is treated like any other car accident.
When the App Is On, But No Ride Is Accepted
When a driver is logged onto the TNC’s digital network, the insurance policy must provide at least $75,000 for bodily injury to or death of one person in any one accident, at least $150,000 for bodily injury to or death of two or more persons in any one accident, and at least $25,000 for injury to or destruction of property.
The policy must also include uninsured motorist insurance and personal injury protection (no-fault) insurance.
When a Ride Is Accepted, or a Passenger Is On Board
When a driver is engaged in a prearranged trip, the insurance policy must provide at least $1,250,000 for bodily injury to or death of any person and injury to or destruction of property, plus supplemental uninsured/underinsured motorist insurance of $1,250,000 and personal injury protection. This is the highest tier of coverage and typically applies from the moment a driver accepts your ride request through the moment you exit the vehicle.
It is important to note that rideshare trips originating in New York City operate differently. Uber and Lyft rides in New York City are regulated by the NYC Taxi and Limousine Commission. The Commission requires a commercial insurance policy for each individual vehicle with minimum liability limits of $100,000 per person and $300,000 per occurrence, which may be lower than the $1.25M required under Article 44-B for trips originating outside New York City. Victims of accidents on NYC-originating trips should consult an attorney about the specific policies applicable to their ride.
Whether your accident occurred on Long Island, in Queens, in Manhattan, or elsewhere, we identify every insurance policy that applies to your case.
Who Can Be Held Liable for a Rideshare Accident?
Rideshare accidents often involve multiple parties who may share responsibility. Rideshare company drivers are independent contractors, not employees. This classification creates additional complexity when determining who should compensate you for your injuries. Potential liable parties include:
The Uber or Lyft driver, if distracted driving, speeding, or other negligence caused the crash
- A third-party driver who struck the rideshare vehicle
- The rideshare company itself, if corporate negligence such as inadequate background checks or failure to enforce safety standards contributed to the accident
- A vehicle or parts manufacturer, if a mechanical defect played a role
- A government entity, if a road defect or faulty traffic signal was a factor
Even if you were partially at fault for the cause of a rideshare accident, you may still recover compensation. Under CPLR 1411, New York applies pure comparative negligence, so recovery is reduced by your percentage of fault rather than eliminated. Our attorneys thoroughly investigate every angle to identify all responsible parties and maximize your recovery.
What Is New York’s Serious Injury Threshold for Rideshare Accidents?
Because New York is a no-fault state, you must first seek benefits from your own insurance policy for medical expenses and lost wages, regardless of who caused the crash. Every driver in New York is required to carry Personal Injury Protection (PIP) coverage, also known as no-fault insurance, with a minimum of $50,000 per person. However, PIP does not cover pain and suffering or other non-economic losses.
To file a lawsuit against the at-fault party and recover damages beyond your PIP benefits, your injuries must meet New York’s “serious injury” threshold. “Serious injury” is defined as a personal injury which results in:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined non-permanent injury that prevents you from performing substantially all of your usual and customary daily activities for at least 90 of the 180 days following the occurrence of the injury
Thorough medical documentation is critical to proving you meet this threshold. Our team works closely with medical professionals to build the strongest possible case for our clients.
What Should I Do After an Uber or Lyft Accident?
The steps you take immediately after a rideshare crash can significantly affect your ability to recover compensation. We recommend the following:
- Call 911 and report the accident to law enforcement
- Seek medical attention, even if your injuries seem minor at first
- Save your trip details from the Uber or Lyft app, including screenshots of the driver’s name, trip route, and ride confirmation
- Photograph the accident scene, vehicle damage, and any visible injuries
- Collect contact and insurance information from all drivers involved
- Avoid giving a recorded statement to any insurance company before speaking with an attorney
A no-fault claim must be filed within 30 days of the accident. Beyond that, for most personal injury claims in New York, you have three years from the date of the injury to file a lawsuit. Wrongful death lawsuits must be filed within two years of the date of death. Acting quickly gives our team the best opportunity to preserve evidence, identify all insurance policies in play, and protect your rights.
What Compensation Can I Recover?
If your injuries meet the serious injury threshold, you may be entitled to pursue compensation that goes well beyond your initial no-fault benefits. Recoverable damages in a rideshare accident case may include:
- Past and future medical expenses, including surgery, rehabilitation, and ongoing care
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages, if a loved one was killed in the accident
Our personal injury attorneys have a proven track record of recovering significant settlements and jury awards for accident victims and their families across Nassau County, Queens, Brooklyn, the Bronx, Manhattan, and the rest of the greater New York area. We fight in and out of the courtroom to make sure every dollar you are owed is accounted for.
Contact Our New York Rideshare Accident Attorneys Today
If you were injured in an Uber or Lyft accident, you do not have to navigate the legal and insurance complexities alone. Bornstein & Emanuel, P.C. offers free consultations and works on a contingency-fee basis, which means there is never a fee until we recover for you. Contact our Garden City office today to discuss your rideshare accident case with an experienced attorney. We are available 24/7 and our Spanish-speaking staff is ready to assist you.
Frequently Asked Questions About Uber and Lyft Accidents in New York
Can I file a claim if I was a pedestrian or cyclist hit by an Uber or Lyft driver?
Yes. Rideshare claims are not just for passengers. Several different groups of people may have valid claims after an Uber or Lyft crash, and each group may follow a slightly different recovery path. If you were a pedestrian or cyclist struck by a rideshare driver who was logged into the app or carrying a passenger, the TNC’s insurance policy may apply to your claim.
What if another driver caused the accident while I was riding in an Uber or Lyft?
Another driver may be at fault, in which case it would only be possible to seek compensation from their insurance company, not Uber or Lyft. Or, the Uber/Lyft driver may have contributed to the crash and both parties could potentially be liable. As a passenger, you are typically in a strong position because you did not contribute to causing the collision. Our attorneys investigate the facts to identify every available source of compensation.
Does the rideshare company’s insurance cover brain or spinal cord injuries?
Rideshare insurance policies cover all qualifying injuries, including catastrophic ones like brain injuries and spinal cord injuries. The $1.25 million coverage limit during an active trip applies regardless of injury type. However, severe injuries often exceed policy limits, which is why our attorneys pursue every liable party and every applicable policy to secure the maximum compensation available.
