If you were injured in an Uber or Lyft accident on Long Island, the question of who is liable for your injuries became more complicated in 2025. The answer depends entirely on the driver’s status at the exact moment of the crash.
As of mid-2025, a significant change in New York regulations reduced the minimum injury coverage rideshare companies must carry, which could directly impact your ability to receive medical treatment and lost wages. This change was enacted after the New York City Council voted to lower the required Personal Injury Protection (PIP) limits for for-hire vehicles, a measure that was subsequently signed into law. Long Island rideshare accident lawyers can help you understand how these new limits affect your rights and fight for the compensation you need.
This new landscape introduces new challenges, but it does not remove your right to pursue compensation. If you have questions about your accident and what this law change means for you, you deserve to get clear answers. You can still pursue a case against the at-fault party for your expenses not covered by PIP and for your pain and suffering.
Call Rosenberg & Gluck LLP for a free consultation about your case at (631) 451-7900.
Who Pays for Your Injuries After a Long Island Rideshare Accident? The Three Scenarios
In New York, liability in a rideshare case is not straightforward. It is not always the driver or their personal insurance. Instead, coverage is determined by the driver’s activity within the Uber or Lyft app at the time of the collision. This system is defined under New York’s Vehicle and Traffic Law Article 44-B, which governs Transportation Network Companies (TNCs) like Uber and Lyft.
Scenario 1: The Driver Was Offline or the App Was Off
In this situation, the insurance for rideshare company (Uber/Lyft) has no exposure. The driver is not considered to be working for the TNC.
You would pursue a claim against the driver’s personal auto insurance policy, just as you would in any other car accident. This presents a potential problem: New York’s minimum liability coverage for personal vehicles may not be enough to cover serious injuries. Find the best car accident lawyer near me to explore your legal options and pursue the full compensation you deserve.
Scenario 2: The Driver Was Logged In and Waiting for a Ride Request
This is where the rideshare company’s contingent liability insurance applies. This coverage is for accidents caused by the rideshare driver while they are available for work but have not yet accepted a ride request.
The coverage amounts are typically higher than personal policies but lower than the coverage for an active ride. Uber’s policy, for example, provides $75,000 in bodily injury coverage per person, $150,000 per accident, and $25,000 for property damage in this scenario.
Scenario 3: The Driver Was En Route to a Passenger or Actively Transporting a Passenger
This is when the rideshare company’s full commercial insurance policy is triggered. This is the highest level of coverage.
This policy carries at least $1.25 million in liability coverage for injuries or death. This substantial policy also contains supplemental No-Fault coverage (PIP) and uninsured/underinsured motorist (SUM) coverage for passengers involved in the accident.
The 2025 Change: How a Lower PIP Limit Affects Your Recovery
In June 2025, the New York City Council voted to allow rideshare companies to reduce the amount of Personal Injury Protection (PIP), or No-Fault, coverage on their policies. This measure was signed into law in July 2025.
PIP is the insurance that pays for your medical bills and a portion of your lost wages immediately after an accident, regardless of who was at fault. It is the foundation of New York’s “No-Fault” system, designed to ensure prompt payment for economic losses.
The Old Rule
Before this change, rideshare policies in the NYC area included up to $200,000 in PIP coverage per person.
The New Rule (2025)
That limit has now been reduced to $100,000 per person.
The Practical Impact on You
Serious injuries exhaust $100,000 in medical benefits very quickly, especially on Long Island where healthcare costs are high. A single surgery or a multi-day hospital stay easily burns through this limit.
If your medical bills and lost wages exceed this new, lower limit, you must then look for other ways to cover those costs. This typically means filing a lawsuit against the at-fault party to recover the remaining economic damages and to seek compensation for pain and suffering. This change makes it more likely that a lawsuit will be necessary to be made whole. Hire a personal injury lawyer to guide you through the process and protect your right to fair compensation.
What Kind of Accident Were You In? How Liability Changes Based on Your Role
Your role in the accident—whether you were a passenger, another driver, or a pedestrian—determines which PIP insurance policy is primary and how you should proceed with a claim. How can a lawyer help? By identifying the correct insurance coverage, filing claims on your behalf, and pursuing additional compensation if your damages exceed policy limits.
If You Were a Passenger in the Uber or Lyft:
- Primary Coverage: You are covered by the rideshare company’s insurance policy. This applies whether the Uber/Lyft driver or another motorist was at fault.
- No-Fault Claim: You can file a No-Fault claim for your initial medical bills and lost wages up to the new $100,000 limit.
- Liability Claim (Rideshare Driver at Fault): If the rideshare driver caused the crash, you can also file a liability claim against their $1.25 million policy. This is for pain and suffering and any economic losses that go beyond the No-Fault limit.
- Liability Claim (Other Driver at Fault): If another driver was at fault, a claim would be pursued against that driver’s insurance first. If that policy is insufficient to cover your damages, the rideshare company’s Supplemental Underinsured Motorist (SUM) coverage can be used.
If You Were a Driver or Passenger in Another Car Hit by a Rideshare Vehicle:
- Primary Coverage: The PIP insurance for the vehicle you were in is your primary source for immediate medical bills and lost wages.
- Liability Claim: You can file a liability claim against the rideshare driver if they were at fault and the company’s insurance policy for your injuries, pain, and suffering.
- Determining Coverage: The specific scenario the rideshare driver was in (waiting for a ride vs. actively driving a passenger) will determine which of the company’s insurance policies and coverage limits apply to your liability claim.
If You Were a Pedestrian or Bicyclist Hit by a Rideshare Vehicle:
- Primary Coverage: The rideshare company’s No-Fault insurance is the primary payer for your medical expenses up to the policy limit.
- Personal Injury Claim: You have the right to bring a personal injury claim against the at-fault driver for the full extent of your injuries and suffering.
- Determining Coverage: The specific scenario the rideshare driver was in (waiting for a ride vs. actively driving a passenger) will determine which of the company’s insurance policies and coverage limits apply to your liability claim.
Beyond Insurance Claims: Filing a Lawsuit for Full Compensation
A No-Fault insurance claim is only the beginning. It covers basic economic losses like medical bills and a portion of your lost earnings. It provides no compensation for your physical pain, emotional distress, or the ways the injury has diminished your quality of life. This “non-economic” damage is sometimes the largest and most significant component of an accident claim. Can I claim compensation? Yes, if your injuries meet New York’s serious injury threshold, you can pursue a personal injury lawsuit for full damages.
To recover these damages, you must file a personal injury lawsuit. However, New York law sets a specific bar you must clear first.
In New York, you can only file a lawsuit if you have sustained what the law defines as a “serious injury.” Under Insurance Law § 5102(d), this can include:
- Death
- Dismemberment or significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature which prevents you from performing substantially all of the material acts which constitute your usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the accident.
Meeting this serious injury threshold requires specific medical evidence. Our firm will work to gather the necessary medical documentation and opinions needed to build a case that satisfies this legal standard, if it applies.
What Types of Compensation Can We Pursue for You?
When you have been seriously injured, the costs go far beyond the initial emergency room visit. Our goal is to identify all sources of recovery to pursue the maximum compensation available for you under the law. This might include payment for:
- All past and future medical expenses: This goes beyond what PIP covers. It includes things like surgery, hospitalization, physical therapy, prescription medications, assistive devices, and any necessary in-home care.
- Lost income and diminished earning capacity: This is compensation for the money you couldn’t earn while recovering and, importantly, for any permanent impact on your ability to work and earn a living in the future.
- Pain and Suffering: This compensates you for the physical pain, emotional trauma, and mental anguish caused by the accident and your injuries.
- Loss of enjoyment of life: This addresses the ways the injury has prevented you from participating in hobbies, activities, and family life that you once enjoyed.
Pursuing these damages requires a thorough understanding of your case and a detailed calculation of your losses. It is not something you should face without experienced guidance. Contact us today for a FREE case evaluation to discuss your rights and options.
What to Do From Home to Protect Your Rights After the Accident
After the immediate chaos at the scene has subsided and you are back home, the steps you take can have a significant impact on your ability to recover fair compensation. The insurance companies involved begin their process immediately, and you should take steps to protect yourself.
- Do Not Give a Recorded Statement to Any Insurance Adjuster: You are not obligated to provide a recorded statement to the other driver’s or the rideshare company’s insurance carrier. Adjusters are trained to ask questions in a way that can elicit responses they can later use to minimize or deny your claim. It is best to let your Long Island rideshare accident lawyers handle all communications.
- Document What You Can: It is important to take pictures of the vehicles involved and the accident scene. Keep any photos you took. It is also to photograph any visual injuries, such as bruising from a seat belt or lacerations you may have suffered. It is also important to take down the name and contact information for any witnesses.
- Keep Track of All Medical Treatment: Create a dedicated file for all documents related to your medical care. This includes hospital discharge papers, bills from doctors and therapists, and receipts for prescriptions. Stay Off Social Media: Insurance companies routinely scrutinize claimants’ social media profiles. They are looking for photos or posts that could contradict your injury claim—a picture of you at a family barbecue could be used to argue you are not as injured as you claim. The safest course of action is to avoid posting altogether while your case is active.
- Follow Your Doctor’s Orders: It is important for both your physical health and your legal claim to follow through with all prescribed medical treatment. Attending all physical therapy sessions, specialist appointments, and follow-up visits creates a clear record of your injuries and your efforts to recover.
Frequently Asked Questions About Long Island Rideshare Accidents
Does it matter if I was in Nassau or Suffolk County or the City?
While the same New York State laws apply, the practical details of your case will differ. The police department that responded to the accident and the specific courthouse where a lawsuit would be filed are based on the location of the crash. Additionally, available insurance coverage may differ depending upon the location of your accident. Our firm has years of experience handling cases in both the Nassau County and Suffolk County court systems.
What if the Uber or Lyft driver who hit me was from out of state?
This does not typically change your ability to file a claim. The insurance coverage provided by Uber and Lyft is typically tied to their operation in New York and should apply to their drivers regardless of where their vehicle is registered. The claim would still be handled under New York law for an accident that occurred in New York.
Can I still bring a claim if I wasn’t wearing a seatbelt as a passenger?
Yes, you can still bring a claim. Under New York’s comparative negligence law, failing to wear a seatbelt does not prevent you from recovering compensation. However, the defense may argue that your injuries would have been less severe if you had been properly restrained. If they can prove this, a jury might reduce the amount you recover based on a percentage of fault assigned to you for not wearing the seatbelt.
What is the deadline for filing a rideshare accident claim on Long Island?
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit, according to New York Civil Practice Law & Rules § 214. For No-Fault (PIP) benefits, the deadline is much shorter: you must file an application with the correct insurance carrier within 30 days of the crash. Because these deadlines are so unforgiving, it is important to contact a Long Island rideshare accident lawyer promptly. Keep in mind, any municipal claim requires a notice of claim to be filed within 90 days.
Let Us Provide the Clarity You Need
Contact Rosenberg & Gluck, LLP today for a free, no-obligation discussion about your accident. We’re ready to answer your questions and explain how we can help.
Call us at (631) 451-7900 or fill out our online contact form.
