Reviewed by Laurence P. Banville, Esq.Who pays when you are hurt as an Uber passenger
Because you were a passenger, you have no role in causing the crash, which simplifies your claim. The question is whose negligence caused it and which policy responds. In New York there are usually two possibilities:
- Your Uber driver was at fault. While a ride is in progress, Uber carries a $1,000,000 third-party liability policy that covers passengers.
- Another driver was at fault. You can claim against that driver’s insurance, and Uber’s $1,000,000 uninsured/underinsured motorist coverage can apply if the at-fault driver had too little or no insurance.
You do not have to choose correctly at the start. A claim can be filed against more than one party, and the insurers sort out their shares.
New York no-fault comes first
New York is a no-fault state, so your medical bills and lost wages are paid first through no-fault (PIP) benefits, typically up to $50,000, regardless of who caused the crash. As an Uber passenger, the no-fault coverage on the vehicle you were riding in generally pays your initial benefits. To preserve these benefits you must file a no-fault application, usually within 30 days of the crash, so act promptly.
When you can sue beyond no-fault
No-fault covers basic economic losses but not pain and suffering. To pursue a liability claim for those damages, New York requires that you meet the serious injury threshold under Insurance Law §5102(d), which includes fractures, significant disfigurement, permanent loss of use, or significant limitation of a body function or system. If your injuries meet that bar, you can pursue full compensation against the at-fault party and the applicable insurance.
Deadlines you cannot miss
Most New York injury lawsuits must be filed within three years of the crash. CPLR §214 The no-fault application deadline is far shorter, often 30 days, and missing it can jeopardize coverage for your bills. If a government vehicle was involved, special notice rules and much shorter deadlines apply. GML §50-e
What your claim may be worth
No honest lawyer can promise a number. Value depends on the severity and permanence of your injuries, medical costs, lost income, the available insurance limits, and how the serious-injury threshold applies to your case. Outcomes vary, and prior results do not guarantee future ones.
Rideshare passenger cases often involve overlapping policies and aggressive insurers. If your situation involves a driver’s conduct rather than a crash, our overview of a Lyft driver assault lawsuit walks through how those claims differ.
Frequently asked questions
Can I sue if I was a passenger in an Uber crash?
Yes. As a passenger you are almost never at fault, so you can claim against whichever driver caused the crash. To recover for pain and suffering, your injuries must meet New York's serious injury threshold; otherwise no-fault covers your basic economic losses.
Does Uber's insurance cover passengers in New York?
While your trip is in progress, Uber maintains a $1,000,000 third-party liability policy that covers injured passengers, plus uninsured/underinsured motorist coverage if the at-fault driver lacked enough insurance. Your no-fault benefits are typically paid first.
How long do I have to file a claim?
Most New York personal injury lawsuits must be filed within three years of the crash under CPLR 214. The no-fault application deadline is much shorter, often 30 days, so report the crash and file for no-fault benefits right away.
What if the other driver caused the crash, not my Uber driver?
You can claim against the at-fault driver's insurance, and Uber's uninsured/underinsured motorist coverage may apply if that driver had too little or no coverage. As a passenger you do not need to determine fault before filing.
How much is an Uber passenger injury case worth?
There is no fixed figure. Value depends on injury severity and permanence, medical costs, lost wages, available insurance limits, and how the serious-injury threshold applies. Outcomes vary and prior results do not guarantee future ones.