Rideshare Accidents

Rideshare Accident Lawyers Serving New York & New Jersey

If you’ve been injured in an accident involving an Uber, Lyft, or other rideshare vehicle in New York or New Jersey, you’ve probably already discovered that the question of who pays for your injuries is not straightforward. Multiple insurance policies may apply to the same accident, and the rideshare company, the driver’s personal insurer, and the commercial policy carrier may all point to each other while you are left waiting for someone to accept responsibility and begin covering your medical treatment.

This confusion benefits the insurance companies, not you. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our New York and New Jersey rideshare accident lawyer understands the layered insurance structures that apply to Uber and Lyft accidents and have been representing injury victims across both states since 1975. Contact us for a free consultation.

Trusted rideshare accident lawyers with over 51 years of experience.

How does insurance coverage work in rideshare accident cases?

Rideshare insurance coverage depends entirely on what the driver was doing at the exact moment the accident occurred, because both Uber and Lyft divide driving activity into phases and the applicable coverage changes with each one. When the driver’s app is off, only the driver’s personal auto insurance applies to any accident that occurs. When the app is on but the driver has not yet accepted a ride request, limited liability coverage of approximately $50,000 per person and $100,000 per accident may be available through the rideshare company. Once the driver accepts a ride and is en route to pick up a passenger or is actively carrying a passenger, the rideshare company’s full commercial policy activates and typically provides around $1 million in liability coverage.

The challenge in these cases is proving which phase the driver was in at the moment of the collision, because rideshare companies do not always disclose this information voluntarily and the distinction between phases can mean the difference between $50,000 and $1 million in available coverage. An experienced rideshare accident attorney knows how to obtain app data, trip logs, and GPS records that establish the driver’s status at the time of the crash.

Types of Rideshare Accident Cases We Handle in New York and New Jersey

Rideshare accidents can involve passengers, other drivers, pedestrians, and cyclists, and each perspective creates different legal and insurance considerations. Our firm handles claims across all of these scenarios.

• Passenger injuries. If you were riding in an Uber or Lyft when the accident occurred, you did not contribute to the collision and the rideshare company’s $1 million commercial policy should apply to your injuries, though the insurer will still work to minimize what it pays and having an attorney negotiate on your behalf is critical to recovering fair compensation.
• Collisions with rideshare vehicles. If an Uber or Lyft driver hit your car while actively engaged in a trip, you can pursue a claim against the driver and, depending on the phase of the trip, the rideshare company’s commercial insurer, and the applicable coverage depends on whether the driver had accepted a ride or was between trips at the time.
• Pedestrians struck by rideshare drivers. Pedestrians injured by rideshare vehicles are entitled to the same protections as those struck by any other motor vehicle, but identifying the correct insurance policy requires establishing the driver’s app status at the time of the impact.
• Cyclists hit by rideshare vehicles. Rideshare drivers stopping suddenly to pick up or drop off passengers often create hazards for cyclists, particularly when they pull into bike lanes or open doors into traffic without checking for approaching riders.
• Rideshare driver injuries. If you drive for Uber or Lyft and were injured by another driver’s negligence, you can pursue a claim against that at-fault driver, but your own coverage situation is complicated because many personal auto policies exclude rideshare driving from their coverage terms.
• Multi-vehicle rideshare crashes. When a rideshare accident involves three or more vehicles, the liability and insurance analysis becomes significantly more complex because fault must be apportioned among multiple parties and multiple insurance policies may apply in overlapping or conflicting ways.

Why Choose Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for Rideshare Accident Cases in New York and New Jersey?

Attorneys Who Handle Complex Insurance Claims

Rideshare accident cases require attorneys who understand insurance layering and are willing to fight through the procedural obstacles that rideshare companies and their insurers create to delay and reduce claims. Our firm has recovered millions of dollars for clients injured in motor vehicle accidents of all types across New York, NY and New Jersey, NJ.

Barry S. Kantrowitz has practiced for over 40 years and is licensed in New York, New Jersey, and Florida. He holds an AV Preeminent rating from Martindale-Hubbell and has been repeatedly named a Super Lawyer in New York. He is a member of The National Trial Lawyers and earned his J.D. from Boston University School of Law.

Kate Carballo focuses on personal injury litigation and is a Certified Civil Trial Attorney recognized by the New Jersey Supreme Court. She is a member of the American Association for Justice.

Our personal injury lawyer in New York and New Jersey has experienced in the unique insurance dynamics of Uber and Lyft accidents, and we handle these claims on contingency.

“KGG has provided me with outstanding legal services. I used them to draft wills, living wills, trust agreements, etc. and they were comprehensive, professional, timely, and very pleasant to work with.” — James Farkas

Understanding Rideshare Accident Cases

Damages, Liability, and Compensation for Rideshare Accident Cases

The injuries in a rideshare accident are the same as in any other car crash. What changes is the process for figuring out which insurance company writes the check and how large that check can be.

If the Uber or Lyft driver caused the accident while carrying a passenger, the rideshare company’s $1 million commercial policy should apply. If the driver was between rides with the app on but no trip accepted, the available coverage drops. If the app was off, only the driver’s personal policy applies, and many personal auto policies exclude rideshare driving entirely. When a third-party driver caused the crash, you pursue their liability insurance first, but if that driver was uninsured or underinsured, the rideshare company’s UM/UIM coverage or your own policy may fill the gap.

Your claim itself covers the same ground as any motor vehicle injury case. Every medical bill tied to the accident, from the ambulance to the last PT session, is recoverable. Wages you lost while unable to work, and the difference in earning capacity if the injuries are permanent, are part of the calculation. The physical pain, the disruption to your daily routine, the stress of dealing with an insurance maze that most people have never encountered before are all real losses that New York and New Jersey courts recognize and compensate.

New York’s comparative negligence rule reduces your recovery by your share of fault but does not eliminate it. New Jersey cuts off recovery entirely when the claimant bears more than 50% of the responsibility.

Important Aspects in Your Rideshare Accident Case

The most important piece of evidence in any rideshare accident case is the driver’s app status at the moment of the crash, because that single data point determines whether the available insurance coverage is $50,000 or $1 million. If you were a passenger, open your Uber or Lyft app immediately and screenshot your trip history. That trip record shows the date, time, pickup location, route, and driver name, and it may become harder to access as time passes or if the rideshare company modifies how historical data is displayed.

Rideshare companies do not voluntarily hand over the detailed trip and app data that your attorney needs to pin down the driver’s status. That information has to be subpoenaed, and the sooner your attorney sends the preservation request, the less likely it is that the data gets purged or becomes the subject of a discovery fight that delays your case by months.

Do not try to settle a rideshare accident claim on your own. The insurance adjusters who handle Uber and Lyft claims deal with hundreds of these cases and are practiced at using the confusion around coverage tiers to push claimants toward quick, low settlements. They know that most people do not understand the difference between Period 1, Period 2, and Period 3 coverage, and they take advantage of that knowledge gap. A police report filed at the scene provides an independent factual record that protects you regardless of how the insurance companies later characterize the accident.

Rideshare Accident Case Timeline

Rideshare accident claims in New York, NY and New Jersey, NJ typically proceed through the following stages.

• Medical treatment and documentation of injuries sustained in the accident comes first and establishes the basis for your damages claim.
• Investigation follows, including obtaining the police report, rideshare trip data showing the driver’s app status, and identification of all applicable insurance policies for the driver, the rideshare company, and any other involved parties.
• Your attorney files claims with the appropriate insurers, and if the claim is denied or undervalued, a lawsuit is filed within the statute of limitations.
• Discovery, depositions, and negotiation proceed, and trial follows if the insurance company refuses to offer fair compensation for your injuries.

What to Bring to Your Rideshare Accident Consultation

Gathering the following materials before your consultation will help us evaluate your claim efficiently.

• The police accident report
• Screenshots of your rideshare trip history from the Uber or Lyft app showing the ride in question
• Medical records and bills from all treatment since the accident
• Photos of the vehicles involved, the accident scene, and your injuries
• Insurance information for all parties involved in the collision

Our consultation is free, and we will map out the insurance coverage landscape specific to your case.

New York and New Jersey Legal Resources for Rideshare Accidents

New York

These resources can help you research New York laws governing rideshare accidents and transportation network company regulations:

• New York State Unified Court System provides information on civil court filing deadlines and procedures for motor vehicle injury claims
• NYS Department of Financial Services oversees insurance requirements for transportation network companies operating in the state
• NYC Taxi and Limousine Commission regulates for-hire vehicles in New York City, including Uber and Lyft drivers

New Jersey

These resources cover New Jersey rideshare law and insurance requirements:

• New Jersey Courts provides guidance on statutes of limitations and civil filing procedures for motor vehicle claims
• New Jersey Motor Vehicle Commission regulates rideshare licensing and publishes information on insurance requirements for transportation network company drivers
• New Jersey Legislature maintains searchable access to statutes governing transportation network companies and their insurance obligations

Reach Out to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to Schedule a Consultation

If you were injured in a rideshare accident in New York or New Jersey, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is here to help. We have represented injury victims for over 51 years. Contact us for a free case evaluation.