Content reviewed by:
Alex Shulman
The driver who caused the crash is usually the one who is legally liable, and Uber is not automatically responsible just because the app was running. Sorting out liability in a Brooklyn Uber accident means splitting two questions: who caused the crash, and whose insurance pays.
At Shulman & Hill Injury Lawyers, our Uber accident lawyer in Brooklyn looks at both questions, along with the trip records that show what the driver was doing when you were hurt. From that information, we can tell you who all the liable parties are.
Who Can Be Held Liable for an Uber Accident in Brooklyn?
Liability follows fault. You generally must show that someone failed to drive or act with reasonable care and that this caused your injuries. Depending on the facts, parties who may be liable include:
- The Uber driver, if speeding, distraction, or an unsafe turn caused the crash
- Another driver, if that driver ran a light, cut you off, or rear-ended the car
- The car’s owner, who is generally liable for anyone driving the car with permission, even when the owner is a fleet company
- A repair shop, if sloppy repairs led to a brake or tire failure
- The city, if a road defect played a part, under strict notice rules
More than one party can share the blame. Shulman & Hill looks at every possible defendant early, since an early guess about fault can leave a valid claim on the table.
Is Uber Liable for Its Driver’s Actions?
Not automatically. Uber treats its drivers as independent contractors, and using the app does not by itself make the company responsible for a driver’s mistakes. A claim against Uber generally needs proof of something the company itself did wrong.
That could include how Uber screened, watched, or sent out a driver. These claims are harder to win than a claim against the driver or owner, and they rely on records the company keeps.
Shulman & Hill weighs whether a direct claim against Uber has real support before naming the company, so the case stays focused on the parties who can actually pay.
How Do Uber’s Insurance Tiers Work?
Outside the city, state rideshare law sets coverage based on what the driver was doing in the app at the time. The tiers work like this:
- App off: Only the driver’s personal auto policy applies.
- App on, waiting for a ride: Liability coverage of $75,000 per person, $150,000 per crash, and $25,000 for property damage.
- Heading to a pickup or carrying a rider: Liability coverage of $1.25 million.
However, in Brooklyn, those tiers generally do not apply. Uber cars here are licensed by the TLC and must carry their own business insurance at all times, app on or off. TLC liability minimums have long been far lower than the $1.25 million trip tier, historically $100,000 per injured person.
That gap can matter in a serious crash. Shulman & Hill checks the driver’s policy, any other driver’s policy, and your own uninsured or underinsured motorist coverage to find every way to get paid.
What If You Were a Passenger, Pedestrian, or Cyclist?
No-fault insurance, also called personal injury protection (PIP), may pay your medical bills and part of your lost wages no matter who caused the crash. You generally must give written notice within 30 days. PIP does not pay for pain and suffering.
To sue for pain and suffering, you generally must meet the state’s serious injury threshold, such as a fracture or an injury that keeps you from normal activities for 90 of the first 180 days. If you were driving, walking, or cycling, your own share of fault can lower your award but does not bar it. Shulman & Hill helps clients file the no-fault claim on time while we build the injury claim.
Where Is a Brooklyn Uber Accident Case Filed?
Brooklyn is in Kings County, so a lawsuit over who is liable for an Uber accident in Brooklyn is usually filed in Kings County Supreme Court at 360 Adams Street. This court hears civil cases of any dollar amount. You can generally file there if the crash happened in Brooklyn or if you or a defendant lived there when the case began.
Many injury lawsuits must be filed within three years. A claim against the city, such as one over a road defect, generally needs a notice of claim within 90 days and a lawsuit within one year and 90 days. Shulman & Hill has a Brooklyn office, which keeps meetings and court dates close to home.
What Should You Do After an Uber Crash in Brooklyn?
Call 911 if anyone is hurt, and get checked by a doctor even if you feel fine. Take photos of the cars, the street, and your injuries, and get the names of witnesses. Screenshot the trip in the app before it scrolls out of view.
Report the crash in the Uber app, but know that this report does not count as notice to an insurer. Do not guess about fault or say you are fine when talking to anyone at the scene or on the phone. Shulman & Hill can request the police report and send letters asking Uber and nearby businesses to save their records.
What Evidence Proves Who Was at Fault?
Your trip receipt and app screenshots identify the driver, the car, and the trip times. Uber’s own records may show whether the driver was online, heading to a pickup, or on a trip when the crash happened, which can affect coverage.
Dashcam footage, business cameras, and witness statements can show how the crash happened. A police report helps, but it does not settle fault on its own. Medical records and pay stubs show what the crash cost you.
Shulman & Hill has recovered more than $1 billion for clients, and our in-house investigators work to preserve video and trip data before it is lost.
Get Answers About Your Uber Accident Claim
Liability in an Uber accident in Brooklyn usually rests with the driver who caused the crash, while coverage depends on TLC rules and the policies involved. Uber itself may be liable when the facts show the company did something wrong.
Shulman & Hill works on contingency, so you pay no fee unless we win. Contact Shulman & Hill today for a free case review before evidence is lost or a deadline passes.