The rapid spread and evolution of ridesharing platforms like Uber and Lyft have been a time of change in the world of personal injury law. If you were injured in an accident involving an Uber in the Hudson Valley, whether you were in another car, inside the Uber, on foot, on a bike, or on a motorcycle, what happens next depends on exactly how the crash happened.
The insurance coverage, your legal recourse, and even the location where your case can be heard is all based on the driver’s status and whether you’ve agreed to Uber’s in-app “clickwrap” contract.
Let’s walk through some of the scenarios:
1. You’re in another car, and you’re hit by an Uber
There are three variables here for a personal injury car crash involving an Uber.
- Their app was off: If it’s an Uber, but they weren’t “on-duty,” then their personal car insurance applies. You can be covered by New York’s no-fault insurance, which at a minimum, is $25,000 per person or $50,000 per crash
- Their app is on, but there’s no rider: You then would have $75,000 per person and $150,000 per crash in liability coverage
- They have a rider or passenger: There is now at least $1.25M in liability coverage
If you’ve been injured in one of these scenarios, your first step would be to file your no-fault claim. Even if the Uber driver is at fault, you can file a no-fault claim with your own auto insurance to cover medical bills and lost wages. If your injuries exceed $50,000, and you meet New York’s “serious injury” threshold of fractures, disfigurement, permanent limitations, then you could file for pain and suffering against Uber’s insurance policy.
2. You’re a passenger in an Uber that gets into an accident
From the moment your driver accepts your ride, until you’re dropped off, Uber carries $1.25M in liability coverage, as well as $1.25M in uninsured/underinsured motorist coverage.
You’re covered by no-fault insurance up to $50,000, but if your injuries exceed that, and we file a personal injury claim, you almost certainly will be forced into private arbitration, not court. This is because to use Uber, you most likely have clicked “I Agree” to Uber’s “clickwrap” contract. This precedent was recently upheld in New York’s Court of Appeals.
Scenario 3: You’re a pedestrian or bicyclist hit by an Uber
First, we must determine the driver’s status:
- App off: If it’s an Uber, but they weren’t “on-duty,” then their personal car insurance applies. You can be covered by New York’s no-fault insurance, which at a minimum, is $25,000 per person or $50,000 per crash
- App on/no ride yet: You then would have $75,000 per person and $150,000 per crash in liability coverage
- They have a rider or passenger: There is now at least $1.25M in liability coverage
Your no-fault claim as a pedestrian or bicyclist would then go to the Uber driver’s insurer, which can cover up to $50,000 if filed within 30 days. If your damages exceed that, then we’d have to collect evidence from police reports, traffic cam videos, and the conditions of the crash to help file a more extensive claim.
Scenario 4: You’re a motorcyclist hit by an Uber
Motorcyclists are not covered by no-fault insurance in New York State.
That means that all medical bills must come out of settlements or verdicts after a crash; there’s no automatic personal injury protection for your injuries. Your coverage would depend on the Uber driver’s status: if they’re off-duty, then it comes from the driver’s personal car insurance. If they’re on the app, but with no passenger, then they have $75,000 of coverage. If they’re engaged with a ride accepted or passenger on board, then they have $1.25M in coverage.
Why clickwrap and arbitration matter in all scenarios
It’s easy to understand that if you’re a passenger in an Uber, you hit “Accept All” to use the app and are subject to their clickwrap terms.
However, even if you have an Uber account, but you were not actively using the app at the time of an accident, it’s possible that Uber could still push your case into private arbitration. In arbitration, you can still seek damages, but the process is different, with no jury, different rules, and tighter timelines.
In any event, the first 30 days after a crash involving an Uber are critical. We must file a no-fault claim if it applies, preserve and seek evidence like police reports, witness info, app screenshots and more, and determine the severity of your injuries.
Call us at 845-600-0000 to set up a free personal injury consultation at our offices in Kingston, Poughkeepsie or Newburgh, NY. We will help you navigate both the coverage puzzle and the arbitration trap to help you get the compensation you deserve.