- After an Uber accident, you should seek medical attention, contact the police, document the scene, and consult an attorney to protect your rights.
- You may be able to file a claim under Uber’s mandatory rideshare insurance, as well as through your own personal insurance or that of any other drivers involved in the accident.
- You may also be able to file a lawsuit directly against the parties responsible for your accident.
- The statute of limitations for Uber accidents in New York is generally three years from the date of the accident—filing after it passes will likely eliminate your right to compensation.
Taking an Uber is an easy and convenient way to travel from one place to another, but accidents are common, especially in big cities. Knowing what to do after an Uber accident in New York is crucial for anyone who plans to use this popular form of transportation. The car accident attorneys at Meirowitz & Wasserberg can help you seek compensation for your injuries and losses through an insurance claim or lawsuit.
Quick Links
- Steps to Take After an Uber Accident
- Who Can I Sue After an Uber Accident?
- Is Uber Liable for an Auto Accident?
- How Long Do I Have to File an Uber Accident Claim in New York City?
- What Compensation Can an Uber Passenger Seek After an Uber Accident?
- How Can a Car Accident Lawyer Help With an Uber Accident?
- Contact Our Experienced New York City Car Accident Lawyers Today
Steps to Take After an Uber Accident
Your actions immediately following an Uber accident can significantly impact your ability to pursue compensation for injuries and losses. Whether you are a passenger or another party involved, taking the following steps can help protect your rights:
- Evaluate Your Injuries – Check yourself and others for injuries. Even if you feel fine, remember that some injuries, like whiplash or internal trauma, may not present symptoms right away.
- Seek Immediate Medical Attention – Call 911 to request medical assistance, even for minor injuries. This ensures proper documentation of your condition, which is critical for insurance claims and lawsuits.
- Contact the Police – File a police report. Call the NYPD to document the incident, especially if there are injuries or significant property damage.
- Document the Scene – Use your smartphone to take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
- Do Not Speak with Insurance Companies Without Legal Advice – Avoid discussing fault or making recorded statements to insurance adjusters and Uber representatives, as anything you say could be used to limit your compensation. You can report the accident to Uber, but ideally only after consulting an attorney.
- Consult with an Experienced Personal Injury Attorney – An attorney can evaluate the circumstances of your accident, identify liable parties, and guide you through the complex process of filing an insurance claim or lawsuit.
Who Can I Sue After an Uber Accident?
The parties you can sue after an Uber accident depend on the circumstances of the crash. Potentially liable parties include:
- The Uber Driver – If their negligence, such as speeding or distracted driving, caused the accident.
- Another Driver – If another vehicle operator was at fault due to reckless or careless behavior.
- Pedestrians or Cyclists – If their actions, such as jaywalking or swerving into traffic, led to the accident.
- Manufacturers – If a vehicle defect, such as brake failure or airbag malfunction, played a role in the accident.
- Government Agencies – If poor road conditions, faulty traffic signals, or inadequate signage contributed to the crash.
Is Uber Liable for an Auto Accident?
Suing Uber directly is challenging because drivers are typically classified as independent contractors, not employees. However, you may pursue compensation through Uber’s commercial insurance policy, which covers accidents during rides.
Potential grounds for suing Uber include negligent retention of drivers (e.g., failure to conduct proper background checks) and rideshare sexual assault. These kinds of claims are handled differently from standard car accident claims and require the specialized attention of a skilled attorney.
Personal Injury Protection Insurance
Though holding Uber liable in a lawsuit is difficult, you can attempt to recover damages through insurance. The first line of compensation for economic damages will be mandatory no-fault personal injury protection (PIP) insurance. Most New York drivers are required to carry PIP.
PIP covers passengers, and you are also covered by policies held by relatives in your household. Once available PIP is exhausted or if you suffered a “serious injury,” you can turn to fault-based insurance claims and lawsuits, depending on the circumstances of your case.
PIP only covers economic losses like medical expenses and lost wages, regardless of who was to blame. By contrast, fault-based claims allow you to seek additional compensation for non-economic damages, such as pain and suffering.
What Does Uber’s Insurance Policy Cover?
New York City requires that rideshares carry additional commercial insurance based on vehicle seating capacity. These requirements are distinct from those in the rest of the state. For most standard Ubers, the minimums are:
- $100,000 auto liability per person
- $300,000 auto liability per occurrence
- $200,000 in no-fault personal injury protection (PIP)
How Long Do I Have to File an Uber Accident Claim in New York City?
You have 30 days from the date of the accident to file a no-fault PIP claim in New York. Subject to very limited exceptions, missing this deadline may eliminate your right to seek PIP benefits.
Again, suing Uber directly is uncommon, but you may sue a third party, such as another driver or the Uber driver, if you exhaust PIP or suffer a “serious injury” as defined by statute. In such cases, the New York personal injury statute of limitations normally gives you three years from the accident date to file a claim, though important exceptions exist.
The statute of limitations is strictly enforced, and failing to file before the correct deadline will result in case dismissal. Our attorneys are ready to evaluate your case and ensure your lawsuit is filed on time.
What Compensation Can an Uber Passenger Seek After an Uber Accident?
As an Uber passenger injured in an accident, you may be entitled to compensation for various damages, including:
- Past and Future Medical Expenses – Hospital bills, surgeries, medications, and physical therapy.
- Lost Wages – Income lost due to time off work while recovering.
- Lost Earning Capacity – Reduced earning capacity if your injuries affect your ability to work in the future.
- Pain and Suffering – Compensation for physical pain, emotional distress, and mental anguish caused by the accident and resulting injuries.
- Disability and Disfigurement – Costs related to permanent disabilities or scarring that impact your quality of life.
- Property Damage – Reimbursement for personal property damaged in the accident, such as electronics or luggage.
Available compensation depends on the kind of claim you file. Again, PIP insurance only covers economic losses like medical bills and lost wages. If you are eligible for a fault-based claim, you can seek additional compensation for non-economic damages like pain and suffering.
How Can a Car Accident Lawyer Help With an Uber Accident?
The costs of an Uber accident, from long hospital stays to mobility devices, can quickly become overwhelming. Managing the recovery process alone adds stress, potentially delaying your physical and emotional healing. Our New York City car accident lawyers can assist with the most critical aspects of your legal claim, including by:
- Communicating with Uber and insurance companies to handle inquiries and protect your rights.
- Negotiating a settlement to secure full compensation for your injuries and losses.
- Countering lowball offers from insurance companies and fighting for fair compensation.
- Managing legal deadlines and ensuring compliance with New York City-specific laws.
- Calculating the full and fair value of your damages, such as medical expenses, lost wages, pain, and suffering.
- Gathering all available evidence, such as police reports, witness statements, photos, traffic camera footage, rideshare app data, and GPS information.
- Representing you in court if legal action becomes necessary.
- Exploring other sources of compensation by identifying all liable parties involved in the accident.
Even if you’re not filing a lawsuit, an experienced attorney can streamline the claims process and maximize your recovery. We are here to help.
Contact Our Experienced New York City Car Accident Lawyers Today
As an Uber passenger, you have little control over what happens during your ride. However, by working with an experienced attorney and pursuing an insurance or legal claim, you can hold the responsible parties accountable and reduce the financial strain caused by the accident.
Meirowitz & Wasserberg is a nationally recognized personal injury law firm with a proven track record of success. Our award-winning trial attorneys have handled hundreds of car accident cases and recovered millions in case results for our clients. If you or a loved one suffered injuries in an Uber accident in New York, contact us online or call (844) 446-9529 to schedule a free consultation.
