Rideshare accidents involve more people and more paperwork than a typical two-car collision: a passenger, a driver, an app company, one or more insurers, and sometimes a vehicle owner or a base operator. Bisogno & Meyerson, LLP reviews Uber and other rideshare accident claims for people in Brooklyn, Staten Island, and the other boroughs. The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from Brooklyn.
This page explains the questions that tend to come up first after a rideshare crash. For the firm’s page on taxis, car services, and app-based rides generally, see taxi, car service, and Uber accidents. For other crashes, see car accidents. To understand how no-fault benefits fit in, read what no-fault insurance means in New York.
Who Might Be Involved
Depending on the facts, more than one party may be part of the claim. The rideshare driver may be an independent contractor rather than an employee, and the vehicle may be owned by someone else. In New York City, for-hire vehicles are also subject to Taxi and Limousine Commission licensing rules. Another driver may share responsibility. A pedestrian, cyclist, or passenger of the other car may also be hurt. Sorting out who owned, operated, and insured each vehicle is a first step.
Insurance for rideshare trips can depend on whether the app was on, whether a ride had been accepted, and whether a passenger was in the vehicle. Coverage requirements are set by state and city rules and by individual policies, so the details differ from case to case. This page does not state coverage limits, and no one should assume what a policy provides without seeing it.
Passengers, Pedestrians, and Other Drivers
If you were a passenger
A passenger generally starts with no-fault benefits under the policy covering the vehicle they were riding in, though the facts of each case can change that. Those benefits cover certain medical expenses and some lost earnings regardless of fault. Passengers may also have a claim against negligent drivers, subject to the serious injury threshold below.
If you were a pedestrian or cyclist
A pedestrian or bicyclist struck by a rideshare vehicle may be eligible for no-fault benefits through their own household policy or, if there is none, through the policy on the vehicle that struck them. A separate claim against the driver or others may follow if the threshold is met and fault can be shown.
If you were driving another vehicle
A driver or occupant in another vehicle usually turns first to their own no-fault coverage. Fault is a separate question that depends on the evidence from the scene.
No-Fault and the Serious Injury Threshold
New York is a no-fault state under Insurance Law Article 51. Written notice of a no-fault claim generally must be given promptly and no later than 30 days after the accident, and missing it can jeopardize benefits. To sue for pain and suffering after a motor vehicle accident, Insurance Law § 5102(d) requires a “serious injury,” and whether an injury qualifies is decided on the medical evidence.
Evidence to Preserve
If you can do so safely, keep the following: the trip receipt or ride record, screenshots of the app showing driver and vehicle details, photographs of the vehicles and the scene, the other driver’s license, plate, and insurance information, names and numbers of witnesses, and medical records. Request the police report. Do not delete the app or your account messages before you speak with an attorney. If the driver or another party gives you a different account of what happened, write down your own account while it is fresh. Be careful with recorded statements to any insurer.
Deadlines and Comparative Fault
Most New York personal injury lawsuits must be started within three years under CPLR 214. Claims involving a public vehicle or agency can have much shorter notice periods. New York applies pure comparative negligence under CPLR 1411, so an injured person’s own share of fault reduces damages but does not automatically bar a claim. Our blog explains comparative negligence.
How Bisogno & Meyerson, LLP Reviews These Matters
Bisogno & Meyerson, LLP has concentrated in personal injury and workers’ compensation work since 1994. In a rideshare matter, the early work typically involves identifying every driver, owner, and insurer, collecting the ride record and medical records, and calculating deadlines. That is a process, not a prediction. If you are not sure whether you need legal help at all, read do I need a lawyer after a car accident. A short firm overview describes the practice.
Talk With Our Firm About a Rideshare Accident
If you were hurt in an Uber or other rideshare accident in New York City, Bisogno & Meyerson, LLP can review what happened and explain possible next steps. A free consultation is a conversation about facts, deadlines, and options. It is not a prediction of liability or of any recovery, and every case is different, so speak with an attorney about your own situation.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq. Bring any photos and paperwork.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.