Case Overview
An Uber passenger suffered cervical and lumbar injuries when the driver was at fault in a left-turn collision. The other vehicle (NY registered) was uninsured, so recovery ran against Uber’s platform policy and the driver’s personal policy.
Legal Issues
Understanding the three-tier rideshare insurance model is central: (Period 0) app off — personal policy only; (Period 1) app on, no ride assigned — Uber $50K/$100K contingent; (Periods 2 & 3) ride accepted / passenger onboard — Uber’s $1M primary coverage. See NJ AB 5215 (N.J.S.A. 39:5H-1 et seq.) and NY VTL §1693.
Song Law Firm’s Strategy
- Confirmed the app state at the time of the crash via the Uber log obtained in discovery — Period 3 (passenger onboard), triggering the $1M primary
- Because the other vehicle was uninsured, layered a UM claim under Uber’s Period 3 UM/UIM coverage (auto-included)
- Sequenced coverage priority — Uber primary in Period 3; the driver’s personal policy sits as excess
- Bolstered medical records with MRI and EMG documenting disc herniation and nerve impingement
Outcome
Settled with Uber’s $1M policy and stacked UM coverage. Full recovery of cervical disc herniation surgical costs, physical therapy, wage loss, and pain and suffering. No excess draw against the driver’s personal policy.
Practice Takeaways
- In rideshare cases, app state (Period 0–3) determines coverage — capture app screenshots immediately after the crash
- Periods 2 and 3 trigger the Uber/Lyft $1M primary — most passenger injuries fall within this range
- UM/UIM is auto-included in Period 3 — a separate lane of recovery when the other side is uninsured
This case is an illustrative composite reconstructed from anonymized facts across multiple matters. Individual outcomes depend on facts and applicable jurisdiction; please consult a qualified attorney. NJ RPC 7.1. Prior results do not guarantee similar outcomes.
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- Email: mail@songlawfirm.com
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