Trial Talk Insights: Ride Share Accidents
Who Pays Medical Bills if an Uber or Lyft Driver Gets Injured?
If you’re an Uber or Lyft driver and get injured in a car accident, the question of who pays your medical bills depends on your status at the time of the accident. If you’re transporting people, you’re considered an employee under New York law, which means you would be eligible for workers' compensation benefits. However, if you’re working for food delivery services like Uber Eats, you are classified as an independent contractor, not an employee.
As an independent contractor, the responsibility for your medical bills falls under New York's no-fault law. This means you would need to apply for no-fault benefits through the insurance of the vehicle you're driving. It's important to note that you only have 30 days to file a no-fault claim, and submitting it to the right insurance company is critical.
The first step in determining how to proceed is to figure out whether you're on the clock—working with passengers or food—since this determines whether you're considered an employee or independent contractor. If you're on the app and transporting passengers, you're an employee, but if you're off the clock, it defaults to no-fault insurance.
Who Pays the Bills If You’re in an Accident With an Uber or Lyft Driver?
When you're in a car accident involving an Uber or Lyft driver while driving your own vehicle, New York's no-fault law dictates that your own insurance company pays for your medical bills and lost wages, regardless of who was at fault. The distinction between medical bills and compensation for pain and suffering is important. While your insurance company will cover the initial medical expenses, if the other driver is found to be at fault, you may pursue compensation for pain and suffering through a personal injury lawsuit.
If you're in an Uber or Lyft and are injured in an accident, the process is similar. You would file a no-fault application with the insurance company of the vehicle you were in. However, the situation changes depending on who was at fault. For instance, if another driver rear-ended your Uber, you would pursue legal action against that driver, not Uber or Lyft, as they are not responsible for the collision caused by the other driver’s actions.
Injuries as a Passenger in an Uber or Lyft
As a passenger in an Uber or Lyft, the process of getting your medical bills covered follows the same no-fault rules. The no-fault application goes to the insurance company of the vehicle you were in, and they will cover your medical expenses and lost wages. If you suffer injuries in a crash, you can also pursue compensation for pain and suffering, but only if another party is at fault for the accident. The key here is understanding who was responsible and whether fault was shared between the drivers involved.
What Happens if You’re a Food Delivery Driver?
For food delivery drivers working for services like Uber Eats, DoorDash, or Seamless, the situation is a bit different, especially if you're driving a car versus riding a bike or e-bike. If you’re driving your car and get into an accident, your personal insurance will cover your medical bills and lost wages, similar to the situation with ride share drivers. If the other vehicle is at fault, you can pursue legal action against the other driver for damages.
However, if you’re riding a bike or e-bike and are hit by a car while working as a food delivery driver, the circumstances change. You are still considered an independent contractor, and as such, you would need to file for no-fault benefits through the insurance of the car that hit you.
In the case of e-bikes, which can exceed speeds of 30 mph, the situation becomes more complicated. E-bikes are considered motorcycles under New York law, and motorcycles are exempt from no-fault laws. In this case, you would be responsible for using your own private health insurance to cover medical bills. If you don't have health insurance, you would apply for emergency Medicaid.
Motorcycle and E-Bike Delivery: Special Considerations
When using a motorcycle or e-bike (which exceeds 30 mph) for food delivery, things get more complex. These vehicles fall under the same regulations as motorcycles, and they are exempt from no-fault insurance laws. Therefore, if you're injured while riding an e-bike or motorcycle, your personal health insurance will pay for your medical bills. If you don’t have health insurance, Medicaid can be applied for emergency coverage.
The key distinction here is that you don’t need to meet the "serious injury" threshold that is usually required to file a personal injury lawsuit under New York law. Because you're not covered by no-fault insurance, you can sue for any injury, regardless of its severity.
Why the Difference Between Transporting People vs. Food Delivery?
The difference in legal treatment between transporting people and food delivery lies in the legal structure and insurance requirements established by New York’s legislature. Ride share drivers, like Uber and Lyft, are treated as employees when transporting passengers because the law treats their work as similar to that of taxi drivers. This creates certain insurance protections and requirements for drivers, such as mandatory worker's compensation benefits.
Food delivery drivers, on the other hand, are classified as independent contractors, and that classification significantly changes how insurance applies. This distinction largely exists because of legislative efforts to level the playing field between the taxi industry and the new ride-sharing services, which faced opposition from traditional taxi services when they first emerged.
What Happens if the At-Fault Driver Doesn’t Have Insurance?
If you're in an accident and the other driver doesn’t have insurance, New York law provides protections for you through mandatory uninsured motorist (UM) and underinsured motorist (UIM) coverage. Every insurance policy in New York must include a minimum amount of coverage for accidents involving uninsured or underinsured drivers.
For example, if the at-fault driver has no insurance or inadequate coverage, your own vehicle’s insurance will step in to cover your medical bills and lost wages, up to the limits of your policy. If the at-fault driver has a minimal amount of insurance (e.g., $25,000), and you’re in a vehicle like an Uber with supplemental underinsured motorist coverage, you can access additional coverage from the Uber's policy to make up the difference.
When Should Ride Share and Food Delivery Drivers Call an Attorney?
If you are involved in an accident as a ride share or food delivery driver, it's important to contact an experienced attorney as soon as possible. Time is critical, as certain applications—such as no-fault claims—must be submitted within a specific time frame (usually 30 days). Failing to act quickly could result in the loss of your right to compensation, leaving you stuck with medical bills.
The sooner you consult with an attorney, the sooner you can ensure that all necessary paperwork is submitted on time and that you're not left with unexpected financial burdens.
Conclusion
Ride share and food delivery accidents can be complex, with varying rules depending on the type of work you’re doing and the vehicle you're operating. Consulting with an experienced attorney early can help you navigate these complexities and ensure you're getting the benefits and compensation you're entitled to.
To connect with Michael Joseph and learn more about your legal rights, visit NewYorkTrialLawyers.org.
