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Does Uber’s Terms of Use Determine My Accident Compensation?

When you’re injured in a rideshare accident, the first question on your mind is likely: Who pays for what? Medical bills, lost wages, pain and suffering — these aren’t just numbers, they’re your life. But getting compensated for these damages when Uber or Lyft is involved isn’t straightforward. That’s where understanding the terms of use and insurance layers these companies apply becomes critical.

According to data from the National Highway Traffic Safety Administration (NHTSA), vehicle crashes remain a leading cause of injury nationwide — making it even more critical to understand your rights when rideshare platforms are involved.

What Happens After a Rideshare Accident?

Most riders assume Uber or Lyft in New York automatically pays if they’re hurt during a ride. Unfortunately, it’s more complicated. The compensation you may receive often depends on when the accident occurred in relation to the driver’s status on the app. Here’s how it typically breaks down:

  • Driver is offline: If the driver isn’t logged into the Uber or Lyft app at the time of the crash, their personal auto insurance applies — not the rideshare company’s.
  • Driver is online but hasn’t accepted a ride: This is a gray zone. Both Uber and Lyft provide contingent liability coverage, up to $50,000 per person for injuries, $100,000 per accident, and $25,000 for property damage.
  • Driver is en route or has a passenger: If the crash happens after a ride is accepted or during a trip, up to $1 million in commercial liability coverage may be available under Uber’s or Lyft’s policy.

     

Understanding where your situation falls on this timeline is essential. A skilled rideshare accident lawyer in New York can help you classify the incident properly and avoid being lowballed or denied outright.

Do Uber’s Terms of Use Limit My Legal Rights?

Uber’s Terms of Use, like those of Lyft, contain clauses designed to protect the company, not the rider. You may have agreed (often unknowingly) to arbitration clauses, waivers, or liability limitations simply by using the app.

But these terms do not override your rights under New York personal injury law. You may still have a valid injury claim against the driver, a third party, or even the rideshare company depending on the facts of your case.

Uber’s insurance policy is contractually obligated, not discretionary — meaning if you qualify under their coverage guidelines, they can’t deny compensation based on the terms of use alone.

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Who Pays My Medical Bills After an Uber or Lyft Crash?

New York is a no-fault insurance state, so your own car insurance’s personal injury protection (PIP) may cover initial medical expenses if you were in a vehicle. But if you were a passenger in the Uber or Lyft, the driver’s rideshare insurance typically covers your emergency costs.

However, these policies are not designed to fully compensate you for long-term injury, pain and suffering, or future medical needs. That’s where a personal injury lawsuit or settlement may come into play.

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Can I Sue Uber or Lyft?

Generally, Uber and Lyft classify drivers as independent contractors, which makes it difficult — though not always impossible — to sue the company directly. However, you can often recover compensation through their insurance policy, which is usually far more substantial than most individual drivers’ policies.

In some cases involving gross negligence, such as failure to screen drivers or knowingly allowing unsafe operators on the road, additional legal action may be possible.

What Injuries Are Common in Rideshare Accidents?

Just like any car crash, rideshare accidents can result in:

  • Whiplash and soft tissue injuries
  • Broken bones
  • Concussions and traumatic brain injuries
  • Back and spinal cord injuries
  • Lacerations or burns from airbags and debris

The severity of the injury often dictates how aggressively you need to pursue legal action. Some injuries may not seem serious at first but can lead to chronic issues or costly treatments.

Why Choose The Law Offices of Steven Gacovino, P.C.?

If you’ve been in a rideshare accident in New York or Long Island, you need a team that understands the layers of liability, the insurance nuances, and how to negotiate with rideshare companies. The Law Offices of Steven Gacovino, P.C. is a proven advocate for injury victims, with the knowledge and resources to pursue full compensation — not just what Uber or Lyft’s claims adjuster offers.

Whether you’re navigating confusing insurance coverage, trying to pay off mounting medical bills, or unsure who is legally responsible, our team is ready to help you get answers and recover the maximum amount possible.

FAQs

1. Can I file a lawsuit against Uber or Lyft after an accident?

Typically, no. Most claims are filed through their insurance policies, but exceptions exist for gross negligence.

Call 911, document the scene, get medical help, and consult a rideshare accident lawyer as soon as possible.

You can file a claim through their insurance, which may include Uber or Lyft’s policy depending on their app status.

Yes, if the driver was in the right phase of the trip. You may be eligible for up to $1 million in coverage.

Yes. Their first offer is often much lower than your true damages. A lawyer ensures fair compensation.

 Yes. You may have a claim against the at-fault third-party driver and possibly the rideshare insurer.

Generally, three years from the date of the accident, but certain cases may have shorter deadlines.

Medical costs, lost wages, future medical care, pain and suffering, and more depending on your case.

Yes, if you were driving your own car. If you were a passenger, Uber/Lyft’s PIP or liability policy applies.

Because we have a strong track record of maximizing compensation and know how to fight rideshare insurance delays and denials.

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