Can I Sue After Being Injured In A Rideshare Accident?

Can I Sue After Being Injured In A Rideshare Accident?
Calendar icon June 24, 2022

If you’ve been injured in a rideshare accident by an Uber or Lyft driver, then you can file a claim against them for your bodily and property damages. This holds true whether you are the passenger in the vehicle or if you were struck by a rideshare driver in another vehicle.

In New York State, all drivers are required to hold no-fault coverage under their auto insurance. This coverage kicks in to cover medical expenses as a result of an accident, no matter who is at fault, up to $50,000. If you were injured in an accident in or with a rideshare vehicle, you will be covered for no-fault under the insurance company insuring the rideshare vehicle. Your own personal automobile insurance, if you have it, may also provide additional no-fault insurance benefits to you. You can also file a claim against the at-fault driver’s insurance in order to obtain compensation for your personal injuries.

How A Rideshare Policy Can Apply to Your Accident

The driver was off the clock: If the driver is not currently accepting fares, or off the clock, then their own personal auto insurance policy will apply. In New York State, all drivers are legally required to carry no-fault insurance as well as an insurance policy with at least $25,000 per person/$50,000 per accident in liability limits.

The driver was on the app, but between fares: If the driver was on the app, but did not have a passenger in their vehicle, companies like Uber and Lyft provide third-party liability coverage and the required limit in New York is $1,250,000.

The driver was on the app, with passengers: If the driver was on the app and transporting passengers and at fault for the accident, you will need to file a claim with the company’s insurance policy. Companies like Uber and Lyft hold up to $1,2500,000 in third-party liability coverage for bodily injuries or property damage if their driver is found to be at-fault.

Can I Sue the Rideshare Driver If I Was A Passenger?

If you were a passenger who was injured in a rideshare accident and your driver is at-fault or partially at-fault for the accident, you will be covered by Uber or Lyft’s third-party liability insurance and can make a claim for your personal injuries on that policy.

Can I Sue the Rideshare Company If I Was Not A Passenger?

If you were involved in a rideshare accident as either a pedestrian or a driver of another vehicle and the Rideshare vehicle was at fault, whether or not you can file a claim against Uber or Lyft directly will depend on if the driver was on the app or off duty.

If the driver was off duty at the time of the accident, Uber or Lyft will deny any insurance claims made against them. Instead, you will need to file a claim directly with the driver’s personal auto insurance.

If the driver was on duty and on the app, then Uber or Lyft’s liability insurance will apply to your personal injury claim although they may fight your claims.

Why Do I Need A Rideshare Accident Attorney?

Rideshare accident claims can be more complicated than your average car accident claim since there may be multiple insurance agencies and coverages involved. Even if your Uber or Lyft driver was at fault for the accident, the ridesharing company may still fight the claim and try to deny any liability.

Hiring an experienced rideshare accident attorney can help you to ensure that you recover the maximum compensation for your injuries, as the ridesharing companies will likely try to settle your case for pennies on the dollar. Your Uber or Lyft attorney will handle all of the heavy lifting on your case, from determining whether or not the driver was on duty at the time of the accident to negotiating directly with the insurance company.

If you’ve experienced serious injuries as a result of an Uber or Lyft driver’s negligence, don’t hesitate to contact a rideshare injury attorney. At Cellino Law, our team has decades of experience in handling all types of motor vehicle accidents and know what tactics insurance companies will use to try and deny or limit your claim. Call us today at 800-555-5555.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



Free Case Review




  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!


  • I really appreciated your determination and efforts on handling my case. You have done an outstanding job, and I am very satisfied with the outcome of the settlement. Thank you so so much John.


  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.


  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.


  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.


  • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.