Hurt in a Rideshare? New York Uber Claims Made Easy
If you were injured in an Uber or Lyft crash in New York, you may be covered by layered insurance that depends on the driver’s app status. New York’s no-fault rules mean Personal Injury Protection (PIP) can cover basic economic losses regardless of fault, while claims for pain and suffering generally require meeting the state’s serious injury threshold. See DFS No-Fault guidance and Insurance Law Article 51. For rideshare insurance, New York’s Transportation Network Company (TNC) law sets different minimums by app status, with higher limits during an active trip (VTL § 1692 et seq.; DFS Circular Letter 2017-05).
When a Rideshare Crash Becomes an Injury Claim
In New York, what you can recover after an Uber or Lyft crash depends on: (1) the driver’s app status (off, on and waiting, or on a trip), (2) who was at fault, and (3) the severity of your injuries. New York is a no-fault state—basic economic losses are often paid first by PIP regardless of fault, subject to statutory limits and rules (DFS: No-Fault (PIP); Insurance Law Art. 51).
Fault still matters. To pursue pain and suffering or other noneconomic damages, injuries generally must meet New York’s serious injury threshold (NY Pattern Jury Instructions: Serious Injury; Insurance Law § 5102(d)).
Understanding App Status and Insurance Layers
- App off: The driver’s personal auto policy generally applies. TNC coverage does not apply when the app is off.
- App on, waiting for a ride request: New York’s TNC law requires primary liability coverage of at least $75,000 per person/$150,000 per accident for bodily injury and $25,000 for property damage while the driver is available but not on a trip (see DFS Circular Letter 2017-05 and VTL § 1692 et seq.). PIP may still apply under New York’s no-fault scheme depending on your role (passenger, pedestrian, or occupant of another vehicle).
- Trip accepted or in progress (en route to pick up or transporting a passenger): The required primary liability limit increases to at least $1,250,000 during an active TNC trip, and UM protection is required for covered persons during this period. Many TNC policies also include Supplementary Uninsured/Underinsured Motorists (SUM/UIM) coverage during trips, though the precise SUM terms depend on the policy. See DFS Circular Letter 2017-05 and VTL § 1692 et seq..
NYC note: New York City’s Taxi & Limousine Commission (TLC) regulates for-hire vehicles in the city. While the statewide TNC framework above is a good general guide, specific TLC rules and policy forms can differ in NYC. When in doubt, ask your attorney to verify which regime applies to your trip location and platform.
New York’s No-Fault (PIP) Basics
PIP is intended to promptly cover reasonable and necessary medical expenses and certain lost wages up to policy limits, regardless of fault (DFS: No-Fault (PIP); Insurance Law Art. 51). No-fault has strict notice and claim submission requirements, and providers generally must follow New York’s no-fault billing rules and fee schedules. Missing deadlines or documentation can delay or jeopardize benefits.
Serious Injury Threshold and When You Can Sue
To pursue pain and suffering or other noneconomic damages from an auto crash, you generally must prove a “serious injury” as defined by statute, such as certain fractures or significant/permanent limitations. Whether an injury qualifies is fact-specific and supported by medical evidence (Insurance Law § 5102(d); NY PJI on Serious Injury).
What To Do After a Rideshare Crash
- Call 911 and get medical care; report all symptoms.
- Document the scene: photos/video, vehicle positions, road conditions, and visible injuries.
- Collect details: driver name, plates, license, insurance, and—if possible—app status and trip info.
- Identify witnesses and save contact information.
- Report the crash in the rideshare app and to your insurer; preserve screenshots and receipts.
- Avoid recorded statements to another insurer until you consult an attorney.
- Follow medical advice and keep appointments; gaps in care can harm your claim.
Quick Tips to Strengthen Your Claim
- Tip: Screenshot your app’s trip screen before it disappears; it can show status and timing.
- Tip: Ask the officer to note the rideshare status in the report if known.
- Tip: Use one pharmacy and keep all prescription receipts for PIP reimbursement.
- Tip: Turn on iPhone/Android location history; it can corroborate the route and timing.
Claims Checklist
- Police report number and responding agency saved
- All medical visit summaries and imaging reports organized
- Employer letter or pay stubs for wage loss
- App receipts and trip screenshots preserved
- Photos of vehicles, scene, and injuries backed up
- Insurer claim numbers and adjuster contacts recorded
- Calendar of deadlines (PIP notices, IME dates, lawsuit limitations)
Common Pitfalls in Rideshare Claims
- Assuming Uber or Lyft always pays—coverage depends on app status and fault (DFS TNC coverage guidance).
- Delaying care—insurers may dispute causation if you wait.
- Incomplete records—keep medical records, receipts, wage proof, and mileage.
- Social media—posts can be used to challenge your injuries.
- Missing notices—PIP and liability claims have strict notice and proof-of-loss requirements (DFS No-Fault).
Who Might Be Liable
Potentially responsible parties may include the rideshare driver, another at-fault driver, vehicle owners, and, in some cases, those responsible for roadway hazards or defective vehicle components. While rideshare drivers are typically classified as independent contractors, New York law mandates specific TNC insurance coverages that can respond to claims even if the company disputes direct employer liability (VTL § 1692 et seq.; DFS Circular Letter 2017-05).
How an Attorney Helps
A New York rideshare injury lawyer can coordinate no-fault PIP benefits, preserve evidence from the rideshare platform, identify all applicable insurance layers (including UM/SUM where available), evaluate whether your injuries meet the serious injury threshold, and negotiate with multiple insurers. If necessary, counsel can file suit and protect your rights within applicable deadlines.
Evidence to Save Immediately
- Trip details and app receipts
- Screenshots of pickup/drop-off, fares, and driver profile
- Police report number and agency
- Medical visit summaries and imaging reports
- Pay stubs or employer letters for lost wages
- Photos of vehicles, scene, and injuries
- All communications with insurers or the rideshare company
Next Steps
If you were hurt in an Uber or Lyft crash in New York, get medical care, notify the appropriate insurers, and speak with a lawyer promptly. Deadlines for PIP benefits and lawsuits are strict, and missing them can jeopardize your rights (DFS No-Fault). For a free consultation, contact us.
FAQ
Does PIP cover me if I was a rideshare passenger?
Often yes, but which policy pays first depends on your role and the vehicles involved. In many cases, PIP is available through the vehicle you occupied. Ask an attorney to confirm the correct carrier.
Can I make a pain and suffering claim?
Yes, if your injuries meet New York’s serious injury threshold and another party was legally at fault.
What if the at-fault driver had no insurance?
During an active trip, required uninsured motorist (UM) coverage can apply for covered persons. SUM/UIM may also be available depending on policy terms.
How fast do I need to file?
No-fault notices and proofs have short deadlines, and personal injury claims have statutes of limitations. Act quickly to protect your rights.
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Sources
- NYS DFS – No-Fault (PIP) Auto Insurance
- Insurance Law Article 51 (No-Fault) – reference copy
- NY Pattern Jury Instructions – Serious Injury Threshold
- DFS Circular Letter No. 5 (2017) – TNC Coverage Guidance
- New York Vehicle & Traffic Law § 1692 et seq. (TNC Act)
Disclaimer: This blog is for general information only, not legal advice. Reading it does not create an attorney–client relationship. Laws and deadlines change and can vary by facts; consult a New York attorney about your specific situation.