Can I Sue Uber If An Uber Driver Hit Me While Jogging?
If you were out for a jog and were struck by an Uber driver, you’re probably dealing with a mix of pain, shock, and questions. As a personal injury attorney in New York, I’ve seen the physical and emotional toll these incidents take on pedestrians. Getting hit by a car is traumatic enough—when the driver works for a rideshare company like Uber, things get even more complicated. You may be wondering who’s responsible, whether Uber can be held accountable, and how your medical bills are going to be paid. These are valid questions, and you deserve answers grounded in New York law.
When a pedestrian is injured by a rideshare driver, there are multiple layers of potential liability. First, the driver’s own negligence must be examined. Was the driver speeding, distracted, or otherwise careless? If so, that opens the door to a personal injury claim under New York’s negligence laws. But what makes Uber cases different is the fact that the driver was working for a rideshare company at the time. That’s where things become more complex. Under certain conditions, you may be able to seek compensation through Uber’s insurance policy—often more substantial than the driver’s personal coverage.
Understanding Liability After A Rideshare Collision
New York follows a no-fault insurance system, which means your initial medical bills should be covered by the driver’s no-fault policy, up to $50,000, according to New York Insurance Law § 5102. But serious injuries—those involving broken bones, permanent disability, or significant disfigurement—can qualify you to step outside the no-fault system and file a claim for full compensation under New York’s serious injury threshold, found in Insurance Law § 5102(d).
So, can you sue Uber? Technically, Uber classifies its drivers as independent contractors, which can limit direct liability. But here’s the key: Uber carries a $1 million insurance policy for accidents that occur while a driver is actively engaged in a ride or en route to pick someone up. If the Uber app was on and the driver was working, that policy may apply to your claim.
If the driver wasn’t on duty—meaning the app was off—then only the driver’s personal insurance applies. If the app was on but the driver didn’t have a passenger and wasn’t on the way to pick one up, Uber provides limited liability coverage: $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
Types Of Compensation You May Be Entitled To
If your injuries qualify as “serious” under New York law, you may be entitled to:
- Medical expenses
- Lost income
- Pain and suffering
- Rehabilitation costs
- Loss of enjoyment of life
- Future medical care
Our firm will work closely with your doctors and other experts to show how the accident has impacted your life, both now and long-term.
The Importance Of Acting Quickly
Under New York’s Civil Practice Law and Rules (CPLR) § 214(5), the statute of limitations for personal injury lawsuits is generally three years from the date of the accident. That may seem like a long time, but evidence disappears fast. Witnesses move. Video footage gets deleted. And insurance companies start building their defense immediately.
If a government agency was involved—say, the road was poorly maintained or signage was missing—you may only have 90 days to file a Notice of Claim under New York General Municipal Law § 50-e. That’s why it’s critical to speak with a lawyer as soon as possible.
Rideshare Accident Frequently Asked Questions
Can I Sue Uber Directly If I Was Hit By One Of Their Drivers While Jogging?
Uber tries to limit its legal responsibility by calling drivers independent contractors. However, if the driver was actively working, Uber’s insurance coverage may apply. In most cases, the claim goes through Uber’s insurer rather than Uber itself.
What Insurance Coverage Applies In A Pedestrian Accident Involving An Uber Driver?
If the driver was offline, only their personal insurance would be applied. If the app was on and the driver was available, Uber provides limited coverage. If the driver was on a trip or en route, Uber’s $1 million policy may cover your damages.
How Do I Prove The Uber Driver Was At Fault?
We gather evidence such as dashcam footage, surveillance video, witness statements, police reports, and driver cell phone records. Proving the driver’s negligence is critical to building your claim.
Do I Have To Meet A Legal Threshold To Sue For Pain And Suffering In New York?
Yes. Under New York’s serious injury threshold in Insurance Law § 5102(d), you must prove your injuries meet one of several specific categories, such as permanent loss of function, significant disfigurement, or substantial disability lasting 90 out of 180 days.
What If I’m Partially At Fault For The Accident?
New York uses a pure comparative negligence rule. That means you can still recover damages even if you were partly at fault—your recovery is simply reduced by your percentage of fault.
Can I Recover Damages If The Driver Fled The Scene Or Had No Insurance?
Yes. If the Uber driver was uninsured or fled the scene, you may still be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC) or seek coverage under Uber’s uninsured motorist policy if the driver was on the clock.
Will No-Fault Insurance Cover My Injuries?
Yes. The driver’s no-fault policy should pay your initial medical bills and lost wages up to $50,000, regardless of fault. If your injuries are serious, you may step outside the no-fault system and file a personal injury lawsuit.
What Kind Of Compensation Can I Receive For A Pedestrian Accident Involving An Uber Driver?
You may be entitled to compensation for your medical bills, lost wages, pain and suffering, emotional distress, and any long-term disability caused by the crash.
How Long Do I Have To Sue An Uber Driver In New York?
You generally have three years from the date of the accident to file a personal injury lawsuit. However, earlier deadlines may apply in some situations. Talk with an attorney right away to protect your claim.
Do I Need A Lawyer For This Type Of Claim?
Yes. Claims involving rideshare companies are complicated. Insurance carriers often deny or undervalue claims, and proving liability can be challenging. A lawyer can help protect your rights and fight for the compensation you deserve.
Contact Our Personal Injury Lawyer In Fishkill Now
At Jonna Spilbor Law, we know how devastating it is to be hit by a vehicle when you’re simply trying to take care of your health or enjoy a jog. When that vehicle is driven by an Uber driver, your recovery should not be made harder by insurance loopholes or corporate tactics. We understand the laws, the insurance process, and how to fight back for the compensation you’re entitled to.
If you were hit by an Uber driver while jogging, we’re here to help. Call our pedestrian accident lawyers in Fishkill now at (845) 485-2529. We represent injured clients throughout Dutchess County, Putnam County, the Hudson Valley, and New York City. Your recovery is our priority. Call us today to receive a free consultation.
