New York Uber Accident Lawyer
Injured in an Uber accident in New York? Our Uber accident lawyers handle injury claims for passengers, drivers, and others, and identify which insurance policy applies.
NYC Uber Accident Lawyer at Ikhilov & Associates
An Uber crash is not a typical car accident. Several insurance policies can apply, the rideshare company has its own legal team, and the coverage that applies often depends on what the driver was doing in the app at the moment of the crash. At Ikhilov & Associates, our New York Uber accident lawyers handle these claims for passengers, drivers, and others injured in rideshare collisions across the city.
This work is part of the firm’s broader rideshare accident practice, and we also assist people hurt in Lyft accidents. From your first call, you work directly with a lawyer who understands New York injury law and how rideshare insurance is structured.
Why Uber Accident Claims Are Different
Uber carries insurance, but the coverage that applies changes with the driver’s status in the app. Identifying the correct period is often the difference between a denied claim and a fair recovery.
The three insurance periods
- App off: the driver’s personal auto insurance applies, the same as any private driver.
- App on, waiting for a request: Uber provides limited liability coverage if the driver’s own policy does not respond.
- En route or carrying a passenger: a larger commercial liability policy generally applies.
Our Uber accident lawyers request the trip and app data early so the right policy, and the right insurer, is held responsible.
Who Can File an Uber Accident Claim in New York
- Passengers: riders are almost never at fault and can usually claim through the coverage that applies during the trip.
- Other drivers and their passengers: people in another vehicle struck by an Uber driver.
- Pedestrians and cyclists: those hit by a driver using the Uber app.
- Uber drivers: drivers injured by another negligent motorist while using the app.
How Our Uber Accident Lawyers Help
Our Uber accident attorneys handle every stage of your claim:
- Case investigation: reviewing the police report, app and trip records, vehicle data, and any available video.
- Insurance analysis: identifying which policy applies based on the driver’s app status.
- Medical documentation: connecting your injuries to the crash with the help of treating providers.
- Negotiation: presenting evidence to the insurer and responding to attempts to reduce your claim.
- Trial preparation: preparing each case as if it may go to court.
Compensation in Uber Accident Cases
The compensation available depends on the facts of your case. It may include:
- Medical expenses, including emergency care, surgery, and rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
- Property damage
- Long-term or future care needs
- Wrongful death losses for families who lost a loved one
Common Causes of Uber Accidents in New York
- Distracted driving while using the app or a phone
- Driver fatigue during long hours on the road
- Speeding or unsafe lane changes
- Impaired driving
- Negligent third-party drivers
What to Do After an Uber Accident
- Seek medical care, even if injuries seem minor.
- Report the crash and take a screenshot of your trip details in the Uber app.
- Get the names and insurance information of all drivers involved.
- Photograph the scene, vehicles, and visible injuries.
- Speak with an Uber accident lawyer before giving a recorded statement to an insurer.
Contact a New York Uber Accident Lawyer
If you were injured in an Uber accident, evidence such as app data can be requested early and New York sets deadlines for injury claims. Contact Ikhilov & Associates for a free consultation. We represent Uber accident victims across New York City, including the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.
New York law
The statutes that apply to this kind of claim
Each provision below links to its official text published by the New York State Senate. How a statute applies depends on the facts of a specific case.
Rideshare company insurance
Sets the insurance a transportation network company and its drivers must carry. The coverage that applies depends on whether the app was off, the driver was waiting for a request, or a passenger was in the car.
Where the state rideshare framework applies
The licensing section of the state rideshare article, and the section that draws its geographic line: nothing in the article applies in a city with a population of one million or more. A trip that begins in New York City is regulated by the Taxi and Limousine Commission instead.
Definition of serious injury
To sue for pain and suffering after most motor vehicle crashes, an injury has to meet the statutory definition of serious injury. The list includes a fracture, significant disfigurement, permanent loss of use of a body organ or member, and significant limitation of use of a body function or system.
Three year limit on personal injury actions
Most personal injury cases in New York must be filed within three years of the date of the injury. Several situations change that period, including claims against a public agency and claims on behalf of a child.
Comparative fault
Being partly at fault does not end a claim in New York. Compensation is reduced in proportion to the share of fault assigned to the injured person.
This summary is general information about New York law, not legal advice about your situation. Deadlines have exceptions, and some of them are short. Speak with an attorney about the facts of your case.
Who pays after an Uber accident in New York?
It depends on the driver's status in the app. During a trip, a commercial liability policy generally applies. Between trips, the driver's personal insurance or Uber's limited coverage may apply. A Uber accident lawyer reviews the app data to identify the right policy.
I was a passenger in an Uber. Can I file a claim?
Yes. Passengers are rarely at fault and can usually seek compensation through the coverage that applies during the trip, while you focus on recovery.
How long do I have to file an Uber accident claim in New York?
New York generally allows three years for personal injury claims, but some situations involve shorter deadlines. It is wise to speak with a lawyer soon so evidence and app records can be preserved.
How much does it cost to hire Ikhilov & Associates?
We work on a contingency fee basis. You pay nothing upfront and the firm is paid only if it recovers compensation for you.
What if the Uber driver was not carrying a passenger when the crash happened?
Coverage still may apply through Uber's contingent policy or the driver's own insurance, depending on whether the app was on. A lawyer can determine which applies.
Reviewed by
Erik Ikhilov, Esq.
Founding Partner & Personal Injury Attorney, Ikhilov & Associates
Founding partner of Ikhilov & Associates and New York personal injury attorney. Admitted to practice in New York, registration number 2550754.
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