Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who is liable when an Uber Eats driver hits me in New York?
Liability can fall on the driver, Uber Eats (as a platform), or both. New York courts examine whether the driver was acting as an employee or independent contractor at the time. Uber Eats typically classifies drivers as contractors, but NY law may still impose liability depending on the degree of control the platform exercised.
Does NY no-fault insurance apply to Uber Eats delivery accidents?
Yes — if you were in a vehicle, New York’s no-fault (PIP) system covers up to $50,000 in medical expenses and lost wages regardless of fault. However, to pursue a personal injury lawsuit against Uber Eats or the driver, your injuries must meet the “serious injury” threshold under NY Insurance Law §5102(d).
What counts as a “serious injury” under New York law for an Uber Eats accident claim?
Under Insurance Law §5102(d), serious injury includes fractures, significant disfigurement, permanent limitation of a body organ or member, or a medically determined injury preventing normal daily activities for 90 out of 180 days post-accident. If your injuries meet this bar, you can step outside no-fault and sue for pain and suffering.
Can pedestrians or cyclists sue Uber Eats after being hit by a delivery driver in NYC?
Yes. Pedestrians and cyclists are not subject to the no-fault threshold — they can sue the driver and potentially Uber Eats directly for negligence. NYC’s density and the volume of food delivery drivers make these claims common, and evidence such as GPS delivery records and app login data can help establish the driver was on an active Uber Eats delivery at the time.