How to Sue Uber Eats for an Accident in New York

Liability typically falls on the delivery driver, and potentially on Uber Eats as a platform, depending on the circumstances. New York courts have examined whether gig-economy drivers are independent contractors or employees, which affects how vicarious liability applies. A personal injury attorney can investigate whether Uber Eats's own insurance policy — which couriers are required to carry — covers your damages.

Yes. Under New York's no-fault law, your own auto insurance Personal Injury Protection (PIP) covers the first 0,000 in medical expenses and lost wages regardless of who caused the accident, if you were in a motor vehicle. However, no-fault benefits are limited and do not cover pain and suffering. To recover for pain and suffering or damages beyond the PIP limits, you must demonstrate a "serious injury" as defined in Insurance Law §5102(d).

Under Insurance Law §5102(d), a serious injury includes a fracture, significant disfigurement, permanent loss of a body organ or function, significant limitation of a body function, or a medically determined injury preventing you from performing usual daily activities for 90 of the 180 days following the accident. You must have documented medical evidence — not just subjective complaints — to meet this threshold and pursue a tort claim against the Uber Eats driver.

The statute of limitations for a personal injury lawsuit against an Uber Eats driver or the company in New York is generally three years from the date of the accident under CPLR §214. Missing this deadline almost always bars your claim permanently. You should consult a NY personal injury attorney as soon as possible, since evidence — including GPS delivery data and dashcam footage — can disappear quickly.