In NYC, liability for Uber/Lyft/delivery accidents hinges on the driver’s app status: off, personal insurance; waiting, limited company coverage ($50k/$100k/$25k); en route/with passenger, $1M primary coverage from Uber/Lyft. As a victim (pedestrian, passenger, other driver), you claim against these layers, often starting with your own no-fault insurance, then escalating to the company’s large commercial policies if injuries are severe. A lawyer helps navigate this complex system, as drivers are contractors, but companies must provide coverage.
In NYC, crashes involving Uber, Lyft, and app-based delivery drivers don’t follow the “normal” car-accident script. The biggest reason: coverage and responsibility can change depending on what the driver was doing in the app at the exact moment of the crash—and small details (a timestamp, a screenshot, a trip status) can decide whether your claim is straightforward or a fight.
If you’re looking for an Uber accident lawyer or a rideshare accident lawyer because you were hit as a pedestrian, injured as a passenger, or crashed into by a rideshare or delivery driver, here’s the real-world breakdown.
Why rideshare and delivery crashes are different in NYC
The “app status” problem
Uber/Lyft liability commonly turns on whether the driver was:
- Offline (personal auto policy applies)
- Online + waiting (often lower/contingent coverage)
- En route to pick up (higher platform coverage)
- Passenger in car (highest platform coverage)
That “period” structure is a core reason rideshare claims feel confusing—and why early investigation matters.
NYC adds another layer: TLC rules and higher baseline requirements
Many Uber/Lyft vehicles in NYC are regulated as for-hire vehicles (FHVs) through the Taxi & Limousine Commission (TLC). TLC has its own insurance requirements and documentation rules for licensed vehicles.
And NYC recently moved to reduce the PIP (no-fault) requirement for for-hire vehicles (historically higher than the rest of NYS), which can affect how quickly medical bills get covered and how claim strategy is built.
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Step one: What type of victim are you?
If you were a passenger in an Uber/Lyft
Your path often involves:
- No-fault (PIP) benefits first (medical + some lost wages), regardless of fault, because New York is a no-fault state.
- A liability claim (against the at-fault driver/vehicle) if the injuries meet NY’s rules for suing for pain and suffering (more on the “serious injury” threshold below).
If you were hit by an Uber/Lyft as a pedestrian or cyclist
You may still access no-fault benefits through the vehicle that hit you (or another applicable policy), and then pursue a liability claim depending on fault and injury threshold.
If you were hit by a delivery driver (DoorDash/Uber Eats, etc.)
These cases can be even messier, because:
- Some platforms provide third-party liability coverage only during certain delivery periods (and may not cover the driver’s own injuries). DoorDash’s own documentation describes third-party liability coverage while the driver is in certain active delivery states.
- Uber’s insurance page describes coverage concepts for when drivers are offline vs online (and notes that coverage while on-trip/en route can depend on the driver carrying certain coverages personally)
The takeaway: delivery driver insurance is often conditional, and you want to lock down proof of whether the driver was actively working.
The NYC foundation you can’t ignore: No-fault (PIP) + the “serious injury” threshold
No-fault (PIP) basics
New York’s no-fault system is designed to get medical bills paid quickly after a motor vehicle crash, regardless of who caused it. DFS explains no-fault/PIP and related consumer FAQs.
New York also has minimum insurance requirements through the DMV, including required coverages and minimum liability limits.
When you can sue for pain and suffering (NY “serious injury”)
In many motor vehicle cases, you generally need to meet the statutory “serious injury” definition to recover non-economic damages (pain and suffering). A commonly cited reference to NY Insurance Law §5102(d) lists categories like fracture, significant disfigurement, permanent limitation, etc.
This is one reason rideshare cases can be misunderstood: people assume “Uber has a big policy, so I’ll get a big settlement.” Coverage size is not the same as legal eligibility or proof.
What we actually investigate
1) Driver’s personal insurance
If the driver was offline, a personal auto policy may be the starting point. But personal carriers often scrutinize whether the driver was actually working (rideshare/delivery activity can matter).
2) Uber/Lyft platform coverage
Uber explains that drivers must maintain personal insurance and that coverage differs when offline vs online.
Many legal explainers also describe the familiar “Period 1 / 2 / 3” framework and note that higher limits often apply once a ride is accepted or a passenger is in the vehicle.
3) TLC/FHV insurance layer (NYC-specific)
TLC’s vehicle insurance page outlines that TLC-licensed vehicles must maintain insurance meeting TLC rules and NY law, with proof on file.
DFS materials also discuss TLC-required liability levels in NYC (for-hire vehicles historically required higher liability limits than the statewide minimums).
4) Delivery platform insurance (DoorDash/Uber Eats, etc.)
DoorDash’s own policy page states it provides third-party auto liability insurance for Dashers during certain delivery periods.
Uber’s insurance page also addresses insurance for driving and delivering, with coverage concepts depending on status/activity.
5) Another vehicle’s negligence
In NYC, rideshare vehicles are frequently hit by other drivers. If someone else caused the crash, the target may be that driver’s policy instead.
What people get wrong (and how it hurts claims)
“It was an Uber, so it’s automatically a $1M policy.”
Sometimes there is high coverage during certain periods—but you still have to prove the right period + liability + damages. Also, NYC’s regulatory landscape around for-hire coverage (including PIP requirements) has been actively changing.
“The police report will show it was a rideshare/delivery driver.”
Often it doesn’t. You usually need:
- App screenshots/trip receipts
- Driver info + plate
- Witness statements
- TLC identifiers (if applicable)
- Camera footage
“If the delivery rider took off, it’s over.”
Not always. Identification work can still be possible with nearby cameras, receipts, app data, and preservation steps.
What to do right away after a rideshare or delivery crash in NYC
1) Get medical care immediately
Same-day records matter—especially for head/neck/back injuries that “feel fine” in the moment.
2) Document the app-status proof
If you can do it safely:
- Screenshot the trip screen/ride receipt
- Note time, location, and direction of travel
- Photograph the vehicle, plate, TLC markings (if present), and driver
3) Preserve video fast
NYC cameras overwrite quickly. Early requests and preservation steps can be make-or-break.
4) Don’t give recorded statements casually
Insurance and platform adjusters may push for quick statements that lock you into an incomplete story.
Important note: Sexual assault is considered personal injury, too. Read our blog on legal options for rideshare sexual assault and contact us if you have any questions.
Bottom line
If you were injured by an Uber, Lyft, or delivery driver in NYC, the question isn’t just “who hit me?” It’s:
What was the driver doing in the app at that exact moment, what insurance applies to that period, and what evidence proves it?
That’s why working with an experienced Uber accident lawyer or rideshare accident lawyer early can protect the claim before key proof disappears.
If you want to talk through your situation, Chaikin Trial Group’s phone lines are open 24/7. Contact us today.
