New York Uber Accident Lawyer


If you were injured as a passenger, pedestrian or driver in an accident involving an Uber, our experienced attorneys at Spar & Bernstein will help you seek maximum compensation for the injuries and damages you sustained.


While calling an Uber ride is as simple as a few clicks, filing a personal injury claim after an Uber accident can be a bit more complicated.

Our New York City Uber accident lawyers at Spar & Bernstein handle various Uber accident cases, from back and neck injuries to burn injuries and wrongful death. With personal injury experience over more than half a century, we will fight for a fair financial recovery on your behalf.

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New York Ride-Sharing Laws (VTL Article 44-B)

New York Vehicle and Traffic Law Article 44-B states that even if a Transportation Network Company (TNC) driver has auto insurance that complies with the mandatory state requirements, the TNC must have a group policy protecting the vehicles using its digital network.

New York Statute Of Limitations

The New York statute of limitations states that you have three (3) years to file a personal injury lawsuit, following the date of the accident.

A wrongful death lawsuit must be filed no later than two (2) years, following the date of the accident.

A lawsuit against the city, state or a government agency must be filed within one (1) year and 90 days after the accident. Filing a Notice of a Claim within the first 90 days after the accident occurs is the first step in the process.

No-Fault Law

As per New York’s no-fault law, you have the right to receive compensation of up to $50,000 under your auto insurance policy, regardless of who caused the accident. This amount is meant to cover medical expenses, lost income and other costs related to your injury.

Contributory Negligence

New York’s contributory negligence law states that the percentage of your fault will be deducted from the compensation due.

Serious Injury

As per New York legislation, to seek non-economic losses such as pain and suffering, you must prove that you sustained serious injuries. Serious injuries include death, fractures, lost limbs, loss of a fetus or significant disfigurement.


The parties that may be held responsible for an Uber accident in New York include:

  • The Uber driver
  • The driver of another vehicle
  • A pedestrian
  • A motorcyclist
  • A government agency
  • The city
  • The state
  • The manufacturer of a faulty vehicle


New York is a no-fault state, which means that after an Uber accident, the first insurance policy that kicks in is your own Personal Injury Protection (PIP) insurance. PIP typically covers medical expenses, lost wages and additional costs for in-house services or transportation for treatment.

If your PIP is no enough to cover your medical bills and lost wages, or you have no valid insurance, you have the right to seek compensation from the party that was at fault for the accident.

Additionally, you can pursue compensation for:

Pain And Suffering

To seek compensation for pain and suffering following an Uber accident, you can file a third-party claim or a lawsuit against the party that contributed to the accident.

Property Damage

If your personal property was damaged as a result of an Uber accident, you can file a property damage claim or lawsuit.

Wrongful Death

If your loved was killed in an Uber accident, you can file a wrongful death claim or lawsuit.

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How Do Uber Accidents Differ From Other Car Accidents?

Uber accidents differ from other car accidents due to the business relationship between the driver, who is often classified as an independent contractor, and the company the driver works for (Uber). Typically, this results in insurance complexities.

Identifying who is legally at fault for the accident and who to contact for settlement negotiations can be challenging.

Our attorneys at Spar & Bernstein have decades of experience in personal injury law, including motor vehicle accidents. Our team will review the details of your Uber accident, explain your options and identify next steps.

Can I Sue Uber For An Accident Involving An Uber Driver?

Accident victims do not typically sue Uber or the Uber driver directly, if the sustained injuries were not severe. The first step they take after a motor vehicle accident in New York is to file a claim with their own insurance company.

Contact our knowledgeable Uber accident lawyers at Spar & Bernstein to get more information about your legal options after being involved in an Uber accident.

What Are The Types Of Uber-Related Accidents In New York?

Uber-related accidents in New York include:

  • An accident in which you are an Uber passenger
  • An accident in which your own vehicle is hit by an Uber car
  • An accident in which you are hit by an Uber car as a pedestrian or a cyclist

How Does Uber Liability Insurance Coverage Work?

Uber policies define several scenarios for liability insurance and coverage, depending on the driver’s status at the moment of the accident. 

  • The driver is not logged into the Uber app: If an accident occurs but the driver is not logged into the Uber app, Uber is not responsible for providing liability insurance coverage. In this case, the accident equates to any other motor vehicle accident, meaning that every party involved will seek damages from their own insurance company first. 
  • The driver is logged into the Uber app but has not yet accepted a ride: In this case, if the Uber driver is found at fault for the accident, Uber’s liability covers up to $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage. 
  • The driver is logged into the Uber app and is on the way to pick up the passenger: In this case, Uber covers up to $1 million in liability per incident, along with $1 million in uninsured/underinsured motorist coverage and no-fault coverage. 
  • The driver is logged into the Uber app and the passenger is in the car: As in the previous scenario, Uber provides coverage of up to $1million for bodily injury, property damage and death plus the provision of uninsured/underinsured motorist coverage. 

Who Does Uber’s Comprehensive Insurance Policy Apply To?

Uber’s comprehensive insurance policy applies to anyone who was injured in the accident, including:

  • The Uber passenger
  • Pedestrians
  • Passengers and drivers in other vehicles
  • Bicyclists

What Are The Most Common Causes Of Uber Accidents In New York?

The most common causes of Uber accidents in New York include:

  • Unfamiliarity with NYC traffic rules and regulations
  • Speeding
  • Aggressive driving
  • Distracted driving
  • Fatigued driving
  • Traffic violations
  • Tailgating
  • Intoxicated driving
  • Vehicle defects
  • Road defects

What Damages Can I Pursue After An Uber Accident?

After an Uber Accident you can claim:

  • Economic damages, such as past and future medical bills, rehabilitation costs, lost wages, loss of earning capacity, household service expenses or property damage
  • Non-economic damages, such as pain and suffering, mental anguish, diminished quality of life, and loss of consortium

To seek maximum compensation for your injuries, schedule a free consultation with Spar & Bernstein’s experienced Uber accident lawyers.

What Type Of Uber Injury Cases Does Spar & Bernstein Handle?

Spar & Bernstein’s experienced Uber accident lawyers handle all types of cases related to Uber motor vehicle accidents. This includes accidents that result in the following injuries, among others:

  • Back and neck injuries
  • Spinal cord injuries
  • Traumatic brain injuries
  • Fractures
  • Eye damage
  • Organ damage
  • Nerve damage
  • Soft tissue injuries
  • Concussions
  • Amputations
  • Paralysis
  • Burn injuries
  • Wrongful death

We approach every case with professionalism and compassion, while fighting to obtain fair compensation for your physical and emotional pain.

How Can Spar & Bernstein Help Me After An Uber Accident?

Regardless whether you suffered an Uber accident as a passenger, driver or pedestrian, our experienced attorneys at Spar & Bernstein will review your case, collect evidence, talk to experts to evaluate your injuries and obtain a prognosis on your future treatments and recovery.

Our team will file the extensive paperwork and represent you before insurance companies and the court.

We offer a free consultation and collect payment only after a settlement is reached. This allows you to pursue compensation for your injuries regardless of your current financial status.

What Affects The Amount Of Compensation I Will Receive After An Uber Accident?

The amount of compensation you will receive after an Uber accident in New York can be affected by various factors, including:

  • The severity of your injuries
  • The scope and cost of required medical treatment
  • Your future medical expenses
  • The time you need to take off work as a result of the injuries sustained
  • Your percentage of fault for the accident
  • The evidence collected
  • The non-economic damages you claim

What Should I Do If I Suffered Injuries In An Uber Accident In New York?

If you suffered injuries in an Uber accident in New York:

  • Seek medical help immediately
  • Collect the Uber driver’s contact information
  • Collect witness contact information
  • Take photos or videos of your injuries and accident scene details
  • Do not admit fault
  • Inform Uber you suffered injuries in a car accident involving an Uber driver
  • Inform your insurance company about the accident
  • Do not post on social media platforms about the accident
  • Contact our experienced personal injury attorneys at Spar & Bernstein

How Can I Reduce The Risk Of Injury As An Uber Passenger?

To reduce the risk of being injured as an Uber passenger:

  • Verify the identity of the Uber driver
  • Before you get in the car, make sure the driver knows your name
  • Ride in the back seat
  • Buckle up
  • Do not distract the driver
  • Before entering and exiting the vehicle, make sure the driver has pulled up at a safe location
Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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