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The Scaffold Law · Absolute Liability

Uber and Lyft Accident Lawyer in New York City

If you were a passenger in an Uber or Lyft when an accident happened — or you were hit by a rideshare driver while you were driving, walking, or biking — your case is bigger than most accident victims realize. Uber and Lyft each carry $1 million in liability coverage that applies during a trip. The first claim adjuster you talk to may steer you toward the driver’s personal auto policy, which often has only the $25,000 New York minimum. The right policy is the $1M one. Knowing how to access it — and how to deal with the rideshare companies’ insurance carriers — is the difference between a $20,000 settlement and a seven-figure recovery.

Amparo Law Firm represents passengers, drivers, pedestrians, and cyclists injured in Uber and Lyft accidents across New York.

Uber and Lyft drivers move through three insurance “periods” depending on what the driver was doing at the moment of the accident:

Period 1 — Driver app off

The driver was not logged into the app. Only the driver’s personal auto policy applies. Most personal auto policies in New York carry the state minimum of $25,000 per person.

Period 2 — App on, no trip accepted

The driver was logged in, waiting for a ride, but had not yet accepted a passenger. Uber and Lyft each provide contingent coverage during this period — typically $50,000 per person / $100,000 per accident in bodily injury, plus $25,000 in property damage.

Period 3 — Trip accepted, passenger pickup or transport in progress

This is the high-coverage period. From the moment the driver accepts a ride request through the end of the trip, Uber and Lyft each provide $1 million in liability coverage, plus uninsured/underinsured motorist coverage.

The single most important fact in your case may be which period the driver was in at the moment of impact. We get the driver’s app data subpoenaed early.

YOU CAN ACCESS THE $1M POLICY IF YOU WERE:

  • A passenger in an Uber or Lyft during a trip. This is the clearest case. The $1M policy is your primary coverage.
  • A driver, pedestrian, or cyclist hit by an Uber or Lyft driver during a trip. The $1M policy applies as third-party liability coverage for the at-fault driver.
  • Hit by an uninsured or underinsured driver while you were a passenger in an Uber/Lyft. The rideshare’s UM/UIM coverage applies.

 

The policy doesn’t always volunteer itself. You have to know to ask, and you have to know how to push back when adjusters point you toward the driver’s personal policy instead.

 

The defendants typically include:

  • The at-fault driver (whether the rideshare driver or another driver)
  • The rideshare company’s insurance carrier during the relevant period
  • Other involved drivers’ insurers
  • The vehicle owner if different from the driver (sometimes Uber drivers operate cars they don’t own, which adds coverage layers)
  • Equipment manufacturers in product-defect cases

 

Uber and Lyft themselves are generally insulated from direct vicarious liability under their independent contractor classification — but the insurance coverage they’re contractually required to provide is what matters for recovery.

Backseat passengers are often without the same protective infrastructure as front-seat occupants. Injuries we see:

  • Whiplash and cervical injuries (frequently more serious than the ER initial assessment indicates)
  • Herniated discs requiring surgery
  • Closed-head injuries and post-concussion syndrome
  • Facial and dental injuries from contact with seatbacks
  • Knee, ankle, and lower-extremity injuries from cabin compression
  • Hand and wrist injuries from impact with phones, doors, or other passengers
  • Internal injuries
  • Fatal injuries

 

  1. Call 911 and file a police report on the scene. This is a critical document.
  2. Photograph the scene, all vehicles, the rideshare app screen if you can, and your injuries. The app screen is gold — it shows the trip status.
  3. Get medical care, even if you feel okay. Adrenaline masks injuries.
  4. Save your trip receipt and any in-app messages. These document that you were in the rideshare and what status it was in.
  5. Do not give a recorded statement to any insurance company — including Uber’s, Lyft’s, the driver’s, or any other party’s adjuster.
  6. Do not accept a quick settlement offer in the first days. The full picture of your injuries hasn’t developed yet.
  7. Call us before signing anything.

 

Same New York personal injury damages categories: medical (past and future), lost wages and lost earning capacity, pain and suffering (subject to the serious injury threshold under NY Insurance Law §5102(d)), loss of consortium, wrongful death where applicable.

For passenger cases especially, the $1M Uber/Lyft policy is often the largest pool of available coverage — and the case can be substantial even when the driver’s personal coverage is minimal.

Prior results do not guarantee a similar outcome.

Learn more about Uber and Lyft cases

Frequently asked questions.

I was a passenger in an Uber that got rear-ended. Whose insurance covers me?
Several layers, potentially. Your medical bills go through New York no-fault PIP first (usually the rideshare’s policy or the at-fault driver’s policy depending on facts). Your bodily injury claim runs against the at-fault driver’s insurance — and if the at-fault was the Uber driver, that’s the $1M Uber policy.
You have a claim against the at-fault driver’s policy. If the at-fault driver was uninsured or had inadequate coverage, the Lyft UM/UIM coverage steps in.
If the Uber app was off, only the driver’s personal policy applies. If the app was on but no trip was active, the contingent rideshare coverage applies. If the app was on and a trip was active, the $1M policy applies.
Three years for personal injury, two for wrongful death. The 30-day no-fault PIP application deadline is separate and shorter.
Your case is against the at-fault Uber driver’s coverage — which is the Uber $1M policy if the trip was active. Strong case, generally.
Service Area
High-Incident Intersections
Bedford Ave & N 7th St
L-train hub
Metropolitan & BQE on-ramp
Highway access
Broadway & Roebling
Pedestrian-heavy
Williamsburg Bridge approach
Cyclist mix
Driggs Ave & Grand
L-train hub Rear-end zone

If you were injured in an Uber or Lyft accident in New York, call us today. The consultation is free.

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