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    Home»Law»Rideshare Accident Claims Involving Uber and Lyft in Westchester
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    Rideshare Accident Claims Involving Uber and Lyft in Westchester

    Sandra F. MartinBy Sandra F. MartinOctober 14, 2025No Comments7 Mins Read
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    Uber and Lyft accidents in Westchester raise unique legal issues involving rideshare liability. Between New York’s no-fault rules, tiered insurance policies, and multiple parties who may share fault, even a “straightforward” crash can get complicated fast. This article explains how victims can seek compensation for injuries sustained in rideshare accidents. It outlines the role of insurance coverage, fault determination, and the practical steps necessary to pursue a successful claim. Drawing on local experience from firms like Tomkiel & Tomkiel Law Firm, readers will see how a Westchester Uber & Lyft Attorney evaluates liability, protects evidence, and positions a case for maximum recovery.

    Rising rideshare accident cases involving Uber and Lyft in 2025

    Rideshare usage rebounded sharply across the Hudson Valley, and Westchester was no exception. More late-night service, airport runs to Westchester County Airport, and trips along I-287 and the Bronx River Parkway mean more miles, and more exposure. While official, county-level data often lags, collision patterns in 2024–2025 show a familiar mix: rear-end impacts during pickups, dooring injuries for cyclists, and left-turn crashes at busy downtown intersections in White Plains, Yonkers, and New Rochelle.

    Two dynamics stand out. First, frequent curbside pick-ups and drop-offs create unpredictable stop-and-go hazards. Second, many rides occur during high-risk hours, weekend evenings and commuter peaks, when distraction and fatigue are common. Add in out-of-area drivers following GPS prompts on unfamiliar streets, and the risk profile climbs.

    These trends don’t mean rideshare is inherently unsafe. They do mean that when an Uber or Lyft crash happens, the legal and insurance landscape is far more nuanced than a typical two-car accident, especially in New York’s no-fault system.

    Determining liability in multi-party rideshare collisions

    Liability in rideshare crashes rarely rests on one set of shoulders. A single collision can involve: the Uber/Lyft driver, another motorist, a pedestrian or cyclist, and sometimes the municipality (for roadway defects) or a bar (under New York’s Dram Shop law).

    Attorneys and insurers typically start with the basics, police reports, photos, videos, and witness statements. But rideshare claims add digital breadcrumbs that matter: app metadata showing when the driver was logged on, when a trip was accepted, the route taken, and time stamps synced to the second. Dashcam footage, telematics, and in-app location pings can corroborate or contradict human memory.

    New York applies comparative negligence, so each party’s fault percentage may reduce or share damages. A rideshare passenger is almost never at fault, but their recovery can still hinge on which driver’s insurer pays, and in what order. Where evidence conflicts, lawyers often move quickly to subpoena Uber or Lyft for trip data, preserve vehicle infotainment downloads, and secure nearby business surveillance before it’s overwritten. That early evidence work frequently decides who pays, and how much.

    Insurance coverage complexities unique to rideshare claims

    New York’s insurance layers for rideshare are status-dependent and time-sensitive. In Westchester (outside NYC’s TLC regime), the statewide TNC rules generally require:

    • App on, waiting for a ride (Period 1): Minimum liability of $75,000 per person/$150,000 per accident for bodily injury, and $25,000 for property damage. No-fault (PIP) benefits apply.
    • Ride accepted through drop-off (Periods 2–3): At least $1,250,000 in liability coverage and $1,250,000 in uninsured/underinsured motorist (UM/UIM) coverage, plus mandatory no-fault benefits.

    Personal auto policies often exclude “livery” use. That’s why Uber and Lyft provide the primary coverage while a driver is available for rides or actively transporting. For injured passengers and pedestrians, the car involved typically provides no-fault PIP first, covering medical expenses and a portion of lost wages regardless of fault, up to New York’s basic PIP limits (generally $50,000 per person, with 80% of lost earnings up to statutory caps).

    Two pitfalls come up a lot:

    • Coverage period disputes: Insurers argue over whether the driver was “on app” or had accepted a ride. App audit trails and GPS data resolve this.
    • Underinsurance surprises: Serious injuries can exceed PIP and even primary liability limits. That’s when UM/UIM (often $1.25M during an active trip) can make the difference, especially after hit-and-runs or crashes with minimally insured drivers.

    Coordinating PIP, health insurance, lienholders (Medicare/Medicaid/ERISA), and third-party claims is part art, part science, one reason rideshare claims require meticulous file management.

    Legal rights of passengers, drivers, and third parties

    Rights shift slightly depending on a person’s role in the crash:

    • Passengers: They rarely bear fault. They can file a no-fault application (within 30 days) with the host vehicle’s insurer and pursue bodily injury claims against any negligent driver. In New York, to recover non-economic damages (pain and suffering), they must meet the “serious injury” threshold under Insurance Law §5102(d), for example, a fracture, significant disfigurement, or a significant limitation of use.
    • Rideshare drivers: If struck by another motorist, they access PIP through the TNC vehicle and may bring a third-party claim against the at-fault driver. If that driver is underinsured, the TNC’s UM/UIM during an active trip can apply. They are independent contractors, so traditional workers’ compensation typically doesn’t apply.
    • Pedestrians and cyclists: They use the striking vehicle’s PIP for basic economic loss and may pursue liability claims against negligent parties, including the rideshare driver and any other at-fault motorist.

    Most personal injury claims have a three-year statute of limitations in New York (two years for wrongful death), but shorter deadlines may apply when municipalities are involved.

    Compensation for injuries sustained in Uber and Lyft accidents

    Compensation generally falls into two buckets, economic and non-economic damages:

    • Economic: Medical bills, rehabilitation, assistive devices, household help, and lost earnings. Basic PIP typically covers medical expenses and 80% of lost wages up to $2,000/month for up to three years, within the $50,000 cap. Additional/optional PIP (APIP/OBEL) can extend benefits when purchased.
    • Non-economic: Pain and suffering, loss of enjoyment of life, and similar harms, recoverable only if the claimant meets New York’s serious injury threshold.

    In severe cases, future medical costs and diminished earning capacity often drive settlement value. Documentation is everything: prompt treatment, consistent follow-up, and objective findings (imaging, specialist evaluations) make or break a claim. For property damage, claims can proceed separately through the responsible carrier: rideshare liability limits don’t automatically control those negotiations.

    Wrongful death claims introduce additional categories, including funeral expenses and pecuniary losses for surviving family members.

    Role of attorneys in navigating Westchester rideshare disputes

    An experienced Westchester Uber & Lyft Attorney does three things quickly: preserves evidence, locks down insurance, and shapes the medical narrative.

    • Evidence: Sending preservation letters to Uber/Lyft for trip data, securing dashcam and local business footage, downloading vehicle telematics, and interviewing witnesses early.
    • Insurance: Identifying every policy, TNC tiers, the other driver’s coverage, UM/UIM, rental and med-pay add-ons, and filing the no-fault application within 30 days. They also manage liens and coordinate benefits to prevent surprise paybacks at settlement.
    • Medical proof: Aligning treatment with the serious injury standard, documenting range-of-motion deficits, and obtaining strong physician narratives for the 90/180-day category when applicable.

    Locally, firms such as Tomkiel & Tomkiel Law Firm understand Westchester roadways, police practices, and jury tendencies in White Plains Supreme Court. They negotiate with national rideshare carriers and, when necessary, litigate aggressively, using accident reconstructionists, human factors experts, and economists to quantify long-term loss. The earlier counsel is involved, the better the odds that critical digital evidence isn’t lost.

    Trends shaping future rideshare liability cases

    A few forces are reshaping claims in 2025 and beyond:

    • Hit-and-run and underinsurance: UM/UIM claims are rising as traffic volumes increase and some drivers carry minimal limits.
    • App-driven safety tools: In-app audio/video recording, driver verification, and route anomaly alerts add new evidence streams, and new discovery battles.
    • Micromobility collisions: More e-bikes and scooters mean more side-impact and dooring claims near train stations and downtown cores.
    • Advanced driver assistance: Partial automation shifts arguments about reaction time and driver attention: event data recorders become crucial.

    Claimants who document early, preserve digital evidence, and work with counsel who knows TNC insurance tiers will be best positioned in this evolving landscape.

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    Sandra F. Martin

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