Gig Economy Delivery and Rideshare Injuries in New York

App based delivery and rideshare work has put far more bicycles, mopeds and for hire vehicles on New York City streets. It has also made one question harder to answer after a crash: who is responsible, and which insurance applies.

Being an independent contractor does not remove your right to bring a claim

Most delivery and rideshare platforms classify workers as independent contractors rather than employees. That classification affects benefits and taxes. It does not by itself prevent an injured worker from pursuing a claim against a driver or property owner whose negligence caused the injury.

New York no-fault covers more people than most riders expect

New York is a no-fault state. Under the no-fault system, medical bills and a portion of lost earnings are generally paid without regard to who caused the crash, up to the policy limits. No-fault can apply to occupants of a vehicle and, in many situations, to pedestrians and cyclists struck by one.

No-fault is not the whole picture. New York law separately limits when an injured person may sue for pain and suffering arising out of a motor vehicle collision. Insurance Law section 5102(d) sets out a serious injury threshold that includes categories such as fracture, significant disfigurement, permanent limitation of a body organ or member, and a medically determined injury that prevents someone from performing substantially all of their usual daily activities for at least 90 of the 180 days following the incident.

Rideshare drivers and the Black Car Fund

Drivers licensed by the New York City Taxi and Limousine Commission are generally covered by the New York Black Car Operators Injury Compensation Fund, which provides workers compensation style benefits for covered drivers injured while working. Coverage questions turn on the driver status at the time, so the details matter.

Delivery workers

New York City has adopted a series of protections for app based delivery workers covering pay, route information and access to facilities. Injury claims for delivery workers are usually shaped by two separate questions. First, whether any benefits are available through the platform or an employer. Second, whether a third party, such as a negligent driver or a property owner, is responsible for the incident.

Deadlines are the part people miss

Time limits are strict and they are not all the same.

• Most negligence claims in New York must be filed within three years of the incident.
• Wrongful death claims generally carry a two year limit.
• Claims against a city, the MTA or another public entity usually require a Notice of Claim within 90 days of the incident, long before any lawsuit is filed.

The 90 day municipal deadline is the one that most often passes unnoticed, and a crash involving a city vehicle or a public bus can fall into it.

What to gather

Keep the police or incident report, photographs, the name of the platform and the trip or order record, the insurance information of every vehicle involved, and the contact details of any witnesses. Keep your medical records and follow the treatment your provider recommends, because gaps in treatment are frequently raised by insurers.

This article is general information about New York law and not legal advice. Every situation depends on its own facts. If you were injured while delivering or driving, speaking with a lawyer about your specific circumstances is the reliable way to understand which deadlines and coverages apply to you.