Understanding Your Rights in an Uber Crash Lawsuit

Being involved in an Uber crash can leave you feeling uncertain about your legal rights and who is responsible for your injuries. With rideshare services like Uber becoming increasingly common in New York, accidents involving these vehicles have raised questions about liability and compensation. Whether you are a passenger, a driver, or another party affected by an Uber accident, understanding your rights in pursuing a lawsuit is crucial. Knowing how liability is determined and what protections are in place can help you face the legal process and seek the compensation you deserve.

If you or a loved one has been injured in an Uber crash in Brooklyn, it’s important to get experienced legal help to ensure your rights are protected. The Brooklyn rideshare accident lawyers at Kucher Law Group can guide you through the legal process and help you understand your options for compensation. Our team may be able to help you recover damages for medical bills, lost wages, and other losses. Contact Kucher Law Group today at (929) 563-6780 to schedule a consultation.

Determining Liability in an Uber Crash

Liability in an Uber crash can be complex, especially given the multiple parties potentially involved—Uber drivers, passengers, other drivers, and even Uber itself. In New York, under Article 44-B of the Vehicle and Traffic Law, specific rules govern ridesharing companies like Uber, especially regarding insurance and liability. The law establishes when Uber or the driver is responsible for covering damages, depending on whether the driver was logged into the Uber app, transporting a passenger, or not logged in.

When the Uber Driver Is At Fault

When an Uber driver is at fault for a crash, their actions will be scrutinized to determine how they contributed to the accident. For example, if the driver was distracted, speeding, or violated any traffic laws, they could be deemed negligent. In New York, if an Uber driver is logged into the app or transporting a passenger, they must maintain specific insurance coverage. The insurance provides financial responsibility for bodily injuries and property damage caused during the trip.

According to New York Vehicle and Traffic Law § 1693, drivers under transportation network companies such as Uber must have insurance coverage that applies while they are logged into the Uber app, ensuring that victims, whether passengers or third parties, can seek compensation. This includes coverage for bodily injuries and property damage. However, if the Uber driver is entirely responsible for the accident, their actions can trigger Uber’s group policy, which offers higher levels of coverage than the driver’s personal insurance policy.

When Another Driver Causes the Accident

In situations where another driver is at fault for the accident, the Uber driver and Uber’s insurance may not bear primary responsibility. In New York, the at-fault driver’s insurance is usually the first to provide compensation for injuries or property damage. The victim, whether a passenger in the Uber or the Uber driver, should file a claim against the at-fault driver’s insurance company.

However, if the other driver has insufficient insurance coverage or lacks it entirely, New York law ensures protection for Uber passengers. Uber’s uninsured/underinsured motorist coverage steps in to compensate for injuries or damages when the at-fault driver’s insurance is insufficient. This policy helps cover medical bills, lost wages, and other damages that the at-fault driver’s insurance may not be able to cover.

Shared Liability in Uber Accidents

In some Uber accidents, more than one party may be at fault, which introduces the concept of shared liability. Under New York’s comparative negligence rules, liability is assigned based on each party’s percentage of fault. This means that if the Uber driver and another driver are both partially responsible for the crash, each may be held accountable for their portion of the damages.

For instance, if the Uber driver was speeding but the other driver ran a red light, both parties could share liability. If the court finds that the Uber driver was 40% at fault and the other driver 60% at fault, each party would be responsible for their respective share of the damages. Victims can still seek compensation, but their recovery may be reduced based on their own level of fault, if any.

In cases of shared liability:

• The court assigns fault percentages based on each party’s actions.
• Compensation is adjusted according to each party’s share of the fault.
• Even if the victim is partially at fault, they can still recover compensation, though the amount may be reduced accordingly.

Determining shared liability often requires gathering evidence such as witness statements, accident reports, and sometimes even expert testimony to clearly establish the responsibility of each party involved.

Uber’s Insurance Policies and Coverage Limits

Uber’s insurance policies provide varying levels of coverage depending on the driver’s status. New York law requires specific insurance provisions for rideshare services, ensuring that both drivers and passengers are protected at different stages of the trip. Each stage of the driver’s activity comes with its own set of coverages, and understanding these distinctions is crucial for identifying liability and compensation sources after an accident.

Coverage When the Driver Is Offline

When an Uber driver is offline, Uber’s insurance policies do not apply, and the driver’s personal auto insurance is the sole coverage available. In New York, drivers must maintain personal auto insurance that meets the state’s minimum requirements. These limits are generally lower than those required for rideshare drivers, covering:

• $25,000 for bodily injury to one person.
• $50,000 for bodily injury to two or more individuals.
• $10,000 for property damage per accident.

If the driver causes an accident while offline, victims, including other drivers, pedestrians, or property owners, would need to seek compensation through the driver’s personal auto insurance. This could include damages related to medical expenses, property repair costs, or lost wages. Since Uber’s policy does not apply when the driver is not logged into the app, drivers should ensure their personal policy is comprehensive enough to cover potential liabilities. Failing to maintain sufficient personal insurance coverage could leave a driver personally liable for any damages or costs beyond their policy limits.

Coverage When the Driver Is Online and Available for a Trip

Once an Uber driver logs into the app and is available for a trip but hasn’t accepted a ride request yet, Uber’s contingent liability insurance kicks in. This coverage is designed to fill the gap between the driver’s personal auto insurance and the demands of being a commercial driver while awaiting a trip. During this period, Uber provides:

• $50,000 per person for bodily injury.
• $100,000 per accident for bodily injuries to multiple people.
• $25,000 for property damage per accident.

This contingent coverage only applies if the Uber driver is found at fault in an accident. For example, if the driver rear-ends another vehicle while logged into the Uber app and waiting for a ride request, Uber’s insurance policy provides coverage for the damages to the other driver’s vehicle and any medical bills resulting from injuries. If another driver is responsible for the accident, their insurance will be the primary coverage. However, if the other driver’s insurance is insufficient, Uber’s policy may not cover the full amount of damages, leaving gaps that could require additional claims against the at-fault driver.

The coverage during this period is lower than when the driver is actively engaged in a trip, which can present challenges in serious accidents where damages exceed the coverage limits. This distinction makes it crucial for drivers and passengers to understand their rights and the available protections depending on the driver’s activity.

Coverage When the Driver Is En Route or On a Trip Outside of New York City

When an Uber driver accepts a ride request and is either en route to pick up a passenger or actively transporting a passenger, Uber’s most comprehensive insurance coverage applies but only when the trip begins and ends outside of New York City. This is the highest level of coverage available for Uber drivers and includes significant protections to cover both the driver’s and passengers’ liabilities. During this time, Uber provides:

• $1 million in third-party liability coverage for bodily injury and property damage.
• Uninsured/underinsured motorist coverage for passengers if another driver causes the accident but lacks sufficient insurance to cover the damages.
• Contingent collision and comprehensive coverage for the driver’s vehicle if the driver has personal collision/comprehensive coverage.

This level of coverage ensures that passengers and third parties (such as other drivers, pedestrians, or property owners) are well protected in the event of an accident. For instance, if the Uber driver is at fault for a collision that results in significant bodily injuries to another driver or damages multiple vehicles, the $1 million third-party liability policy will cover those costs. In cases where the accident was caused by another driver who is uninsured or underinsured, Uber’s uninsured motorist policy steps in to cover the passenger’s injuries.

Driver Status	Coverage Type	Coverage Details
Offline (Not Logged into Uber App)	Personal Auto Insurance	$25,000 for bodily injury (1 person), $50,000 for bodily injury (2+ people), $10,000 for property damage.
Online and Available for a Trip	Uber’s Contingent Liability Insurance	$50,000 per person for bodily injury, $100,000 per accident for multiple injuries, $25,000 for property damage.
En Route or On a Trip	Uber’s Full Coverage (Third-Party Liability, Uninsured/Underinsured Motorist, Contingent Collision/Comprehensive)	$1 million for bodily injury and property damage, UM/UIM coverage, collision/comprehensive with $2,500 deductible.

Legal Considerations in New York State: VTL Article 44-B

VTL Article 44-B specifically addresses the operation of TNCs and outlines the legal and regulatory requirements for rideshare drivers outside of New York City. The law defines a TNC as a company that uses a digital network—typically a smartphone app—to connect passengers with drivers for prearranged trips. Examples of TNCs include Uber and Lyft. The primary purpose of this article is to standardize insurance coverage and operational guidelines for rideshare vehicles across the state, excluding New York City, which operates under its own set of regulations.

Applicability of VTL Article 44-B in New York City

VTL Article 44-B, which governs TNC operations in New York State, does not apply to trips originating in New York City. This means that Uber drivers who pick up passengers within New York City are subject to the city’s specific regulations rather than those of VTL Article 44-B. New York City has its own laws governing for-hire vehicles and TNCs, including different insurance requirements and operational rules. Drivers picking up passengers within the five boroughs must adhere to these local regulations, ensuring that the city maintains control over ridesharing operations within its boundaries.

However, if a trip starts outside New York City but ends within the city, VTL Article 44-B remains applicable. This means that even though the destination is within New York City, the ride is still subject to the state law governing TNC operations until the trip concludes.

Out-of-State Pickups

VTL Article 44-B does not apply if a TNC driver picks up a passenger outside New York State, even if the trip ends within the state. For example, if an Uber driver picks up a passenger in New Jersey and drops them off in Albany, New York, the driver and the trip are not subject to the provisions of VTL Article 44-B. Instead, the laws of New Jersey would govern the insurance and operational requirements for that leg of the journey. This distinction underscores the importance for drivers to understand the varying legal frameworks when crossing state lines during rides.

Out-of-State Drop-offs

Conversely, VTL Article 44-B does apply if a TNC driver picks up a passenger within New York State (but outside New York City) and drops them off outside the state. This means that Uber drivers must maintain compliance with New York State’s TNC laws, including insurance requirements, for the entire trip, even if the destination is outside New York. For instance, a driver picking up a passenger in Westchester and dropping them off in Connecticut would still be required to comply with New York’s regulations for the duration of the trip. This ensures that passengers picked up in New York State are fully protected under the state’s mandated insurance coverage, even after crossing state borders.

Trips Into New York City

VTL Article 44-B applies if a TNC driver picks up a passenger outside New York City but within New York State and drops them off within New York City. This provision ensures that Uber drivers who start their trips in areas like Long Island or Westchester County but end in New York City are still governed by the state’s ridesharing regulations. As a result, the driver must maintain the appropriate insurance coverage required by VTL Article 44-B for the entirety of the trip, even though the drop-off location is within New York City. This continuity of coverage provides passengers and drivers with clear legal protection from the start of the trip until its conclusion, regardless of crossing into New York City’s jurisdiction.

Implications of These Provisions

These provisions clarify the legal boundaries and insurance obligations that Uber drivers must understand when operating across different regions of New York. The clear delineation of jurisdictional authority—between New York City’s specific laws and New York State’s broader regulations under VTL Article 44-B—ensures that ridesharing operations remain compliant with the appropriate legal framework. 

For passengers, these provisions offer reassurance that their rides are covered by sufficient insurance, no matter where their trip takes them. The requirement for continuous coverage from pickup to drop-off, even across jurisdictions, adds an additional layer of safety and security.

For drivers, this means that they must stay informed about the different insurance requirements and legal obligations depending on where their trip originates and ends. They need to be aware of the transition points where the jurisdiction of VTL Article 44-B starts and stops, particularly when entering or leaving New York City or crossing state lines.

Filing a Lawsuit Against Uber or Its Driver

Filing a lawsuit after an Uber accident in New York presents unique challenges due to the nature of rideshare companies and their relationship with drivers. Unlike traditional employers, Uber considers its drivers independent contractors, not employees. This classification limits direct legal action against Uber, but it doesn’t eliminate options for seeking compensation

When You Can Sue the Uber Driver

In most cases, the Uber driver is the primary defendant in lawsuits related to Uber accidents. If the Uber driver’s negligence led to the accident, whether through speeding, distracted driving, or violating traffic laws, they can be held responsible. New York law allows injured passengers or other affected parties to file a personal injury claim against the driver to recover damages. This can include compensation for medical expenses, lost wages, pain and suffering, and property damage.

For instance, if an Uber driver crashes into a stationary object or loses control due to negligent driving, the passengers or others involved in the accident have the right to sue the driver. The driver’s personal insurance, alongside Uber’s contingent liability coverage, may come into play, depending on the driver’s status at the time of the accident (logged into the app or actively transporting a passenger). However, it’s important to note that Uber itself generally cannot be sued for the driver’s actions, as the company does not legally consider its drivers employees.

When You Can Sue Other Drivers or Third Parties

In accidents involving multiple vehicles, the at-fault driver, whether they were driving the Uber vehicle or another car, can be sued for damages. For example, if another driver runs a red light and crashes into your Uber vehicle, that driver may be held liable for your injuries and damages. In such cases, the at-fault driver’s insurance would be the first line of compensation, and Uber’s uninsured/underinsured motorist coverage may cover any shortfalls in damages if the at-fault driver has insufficient insurance.

Additionally, if a third party, such as a pedestrian or cyclist, causes the Uber driver to swerve and crash, they could be sued for their actions. New York law allows victims to pursue compensation from any party whose negligence contributed to the accident, ensuring that multiple at-fault parties can be held accountable for the injuries and damages caused.

Why You Cannot Directly Sue Uber

In New York, Uber’s legal classification of drivers as independent contractors makes it challenging to file a lawsuit directly against the company for the actions of its drivers. Because there is no employer-employee relationship, Uber is generally not liable for accidents caused by its drivers. This differs from situations involving traditional employers, where the company could be held responsible for an employee’s negligence under the legal doctrine of “respondeat superior.”

However, Uber’s insurance policies, which include $1 million in third-party liability and uninsured motorist coverage, provide a robust safety net for injured parties. Victims can still receive compensation through these policies even if they cannot sue Uber directly. In cases of significant negligence or legal complexities, it’s essential to consult with a New York rideshare accident attorney who can help navigate the best legal strategies to secure appropriate compensation.

Why Choose Kucher Law Group for Your Uber Accident Case?

Dealing with the consequences of an Uber crash can be overwhelming, especially when faced with injuries and complex legal issues. Understanding your rights and the steps involved in filing an Uber crash lawsuit is crucial for ensuring that you receive the compensation you deserve. Whether the accident was caused by the Uber driver, another party, or both, having an experienced legal team by your side can make a significant difference in the outcome of your case.

The Kucher Law Group is here to support you every step of the way. With a strong commitment to protecting the rights of Uber crash victims in Brooklyn, our team of experienced Brooklyn rideshare attorneys may be able to help you secure the compensation you need to cover medical bills, lost wages, and other expenses. If you’ve been involved in an Uber accident, don’t wait—contact the Kucher Law Group at (929) 563-6780 for a consultation today and take the first step toward getting the compensation you deserve.

from Kucher Law https://www.rrklawgroup.com/understanding-your-rights-in-an-uber-crash-lawsuit/