We represent both sides of Uber Eats accidents: pedestrians, cyclists, and motorists struck by an Uber Eats driver; AND delivery workers injured while delivering for Uber Eats. During an active delivery, Uber's contingent commercial policy (up to $1M) stacks on top of the driver's personal auto policy. That coverage matters whether you're the person hit or the person delivering. Free consultation. No immigration questions. We come to you.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Preservation letters within days to Uber Eats for trip data, GPS, app-event logs, and the driver's delivery status at the moment of impact. Police report. Witness statements. Dashcam footage from nearby vehicles. We move fast — Uber preserves trip data on a schedule, and waiting can mean losing critical evidence. Same investigation playbook whether you're the victim or the worker.
If you were HIT by an Uber Eats driver: we pursue Uber's $1M contingent commercial policy + the driver's personal auto + your own UM/UIM if the driver was underinsured. If you were HURT WHILE DELIVERING: we pursue the at-fault third-party driver's auto policy + Uber's occupational accident coverage + your own UM/UIM + (if you're a W-2 employee) workers' comp. Either way, multiple recovery sources usually stack.
Uber Eats cases typically name BOTH the driver and Uber Technologies. Uber litigates the 'independent contractor' defense aggressively, but the active-delivery commercial policy responds regardless of the contractor fight. We coordinate trial counsel where the case warrants under NY co-counsel rules.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
Uber Eats drivers carry their own personal auto insurance (primary) and Uber carries a contingent commercial policy (excess, up to $1M) that activates during periods 2 and 3 of active delivery. This stacking can mean the difference between $25K/$50K minimum coverage and $1M+ total available coverage. Identifying the trip state at the crash moment is critical.
Uber acquired Postmates in 2020 and sunset the standalone Postmates app in 2022. If you were hit by what you thought was a Postmates driver, the case is now governed by Uber's policies. Some legacy Postmates contracts surface in older cases — we sort that out during intake.
By NYC law (Executive Order 41), police, EMS, and hospitals do not ask or share immigration status. We don't ask either. Federal courts have repeatedly confirmed undocumented workers can sue and recover damages for injuries on the job in NY. You have full access to the civil court system regardless of status.
Uber classifies couriers as 1099 contractors, so you generally don't get NY workers' comp — but you DO have: (a) a full third-party PI claim against the driver who hit you, (b) Uber's occupational accident coverage (medical + disability up to certain limits), and (c) your own UM/UIM if you have personal auto. We pursue every available bucket.
In NY, most personal-injury claims must be filed within 3 years of the accident. Don't wait. Claims against NYC Health + Hospitals (HHC) facilities — Bellevue, Elmhurst, Kings County, Lincoln, etc. — and MTA buses require a 90-day notice of claim.
We answer 24/7. Free consultation. No fee unless we win. Whether you were hit or you were delivering, we represent you.