Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Are Uber Eats drivers covered by no-fault insurance in New York?
Yes. In New York, all motor vehicle accidents are initially covered by no-fault (PIP) insurance regardless of fault. As an Uber Eats driver, your own auto policy’s PIP coverage applies first, paying up to $50,000 in medical expenses and lost wages. Uber also maintains commercial insurance that may provide additional coverage while you are actively on a delivery.
What is the serious injury threshold and how does it apply to Uber Eats drivers?
Under New York Insurance Law §5102(d), you can only sue in tort for pain and suffering if your injuries qualify as “serious” — meaning a fracture, significant disfigurement, permanent limitation of a body organ or member, or a medically determined injury preventing you from performing daily activities for at least 90 of the 180 days following the accident. Soft tissue injuries or minor sprains typically do not meet this threshold. An attorney can evaluate whether your specific injuries qualify.
Who can an Uber Eats driver sue after an accident in New York?
Depending on the circumstances, an injured Uber Eats driver may have claims against the at-fault driver, a negligent property owner (if injured during a delivery), or a third party whose negligence caused the accident. Uber itself is generally not liable for driver injuries because drivers are classified as independent contractors, but Uber’s commercial liability policy may cover certain scenarios. A NY personal injury attorney can identify all potentially liable parties.
What is the statute of limitations for an Uber Eats driver to sue in New York?
In New York, the general statute of limitations for personal injury claims is three years from the date of the accident under CPLR §214. However, if a government vehicle or entity is involved, you may need to file a Notice of Claim within 90 days. Missing these deadlines can permanently bar your claim, so prompt legal consultation is critical.