Can You Sue Uber Eats for a Delivery Accident in NY?

It depends on the circumstances. Uber Eats classifies its drivers as independent contractors, which limits direct company liability. However, if the driver was actively on a delivery at the time of the crash, courts may find Uber Eats vicariously liable. New York also requires TNCs and delivery platforms to carry commercial insurance during active trips, which may provide additional coverage beyond the driver’s personal policy.

Yes. New York is a no-fault state, meaning your own Personal Injury Protection (PIP) coverage pays the first 0,000 in medical bills and lost wages regardless of fault. You cannot file a tort lawsuit against the driver or Uber Eats until your PIP benefits are exhausted and your injuries qualify as a “serious injury” under Insurance Law §5102(d) — such as a fracture, permanent limitation of use of a body organ, or significant disfigurement.

Under NY Insurance Law §5102(d), a serious injury includes death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or limb, permanent consequential limitation of use, significant limitation of use of a body function, or a medically determined injury that prevents you from performing substantially all daily activities for at least 90 of the 180 days following the accident. Meeting this threshold is required before you can sue in civil court.

If you meet the serious injury threshold, you can pursue non-economic damages such as pain and suffering, loss of enjoyment of life, and future disability — damages not covered by no-fault PIP. You may also recover any economic losses that exceed your PIP coverage, including future medical expenses and lost earning capacity. Punitive damages are rarely awarded in delivery accident cases and require proof of reckless or intentional misconduct.