This guide applies to New York State law and NYC local ordinances.
If a delivery vehicle hit you in NYC, the liable party depends on the worker's legal status:
- Employee driver (Amazon, FedEx, UPS): The company is directly liable under respondeat superior and typically carries large commercial policies ($1M+).
- Gig worker (DoorDash, Uber Eats, Instacart): Company liability is disputed, these workers are classified as independent contractors in NY, but platform insurance may still apply during active deliveries.
- E-bike delivery rider: NYC law (Local Law 2023) requires commercial e-bike riders to have insurance; however, enforcement is inconsistent and many riders are uninsured.
NY no-fault applies if a motor vehicle was involved. Give the insurer written notice within 30 days; Form NF-2 is the standard way.
Quick Answer · Source Index2§ 2 LAWclaim-level sources
VTL § 102-c: Bicycle with Electric Assist (definition and classes)VTL § 102-c: Bicycle with Electric Assist (definition and classes)✓ Official (source-only)
VTL § 125: Motor Vehicle Definition (excludes § 102-c e-bikes)VTL § 125: Motor Vehicle Definition (excludes § 102-c e-bikes)✓ Official (source-only)
Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon, with each answer linked to its source, so you don't miss what matters.
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Right now · first hours
At the scene
Medical first. Concussion/TBI and internal injuries can surface hours later. A worsening headache, confusion, repeated vomiting, or numbness means emergency care now (CDC head-injury danger signs).
- 1
Photograph the vehicle's branding, DOT number, and plate. For e-bikes, photograph the delivery platform branding (DoorDash bag, Uber Eats sticker); it establishes the platform relationship.
- 2
Get the driver's name, employer, and the platform order ID they were running. This establishes the scope-of-employment element of employer liability.
- 3
Call 911 for any injury. Crashes involving commercial vehicles trigger a separate NYPD investigation protocol.
Do not
- ✕Let the driver leave before you capture the employer or platform relationship.
- ✕Negotiate directly with a delivery company's claims team.
First 72 hours
Report & preserve evidence
Who pays depends on the worker's legal status, and that determination is made from the evidence you capture in the first days, not weeks later.
- Give the insurer written notice within 30 days if a motor vehicle was involved. Form NF-2 is the standard way to do it.
- For e-bike crashes, the bike's classification matters: a bicycle with electric assist under VTL § 102-c has a motor under 750 watts and class speed limits (20 mph for classes 1-2, 25 mph for class 3), and VTL § 125 excludes it from the motor vehicle definition. A device outside those limits may count as a motor vehicle, which affects your PIP eligibility. Have an attorney review it.
- Preserve the order trail: timestamps, the active delivery, and the driver's app status anchor the employer-liability argument.
Why a delivery crash is different
NYC's delivery ecosystem layers employer liability, gig-worker classification, and vehicle insurance on top of the normal no-fault rules:
- Employee drivers (Amazon DSP, FedEx, UPS): the company is directly liable under respondeat superior and typically carries $1M+ commercial coverage.
- Gig workers (DoorDash, Uber Eats, Instacart): classified as independent contractors in NY, but platform insurance may still apply during active deliveries.
- E-bike riders: NYC's Local Law 2023 requires commercial e-bike insurance, but enforcement is inconsistent and many riders are uninsured; recovery often runs through the platform, workers' comp, or your own UM coverage.
NYC e-bike and e-scooter accidents increased 76% from 2019 to 2023, making delivery vehicle collisions one of the fastest-growing accident categories in the city.
Amazon DSP (Delivery Service Partner) vehicles alone account for thousands of annual NYC collisions. Amazon's commercial carrier typically holds $1M+ in liability coverage per occurrence.
Source: NYC DOT E-Bike and E-Scooter Safety Report 2024
Legal detailsKey numbers for this case typeCommercial coverage minimums, the e-bike classification threshold, and New York deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| Federal minimum liability, delivery truck (commercial) | $750,000 (FMCSA) | statute49 CFR § 387.9 |
| E-bike classification (bicycle with electric assist) | Motor under 750W; assist limited to 20 mph (classes 1-2) or 25 mph (class 3). Outside those limits, a device may be a motor vehicle | statuteVTL § 102-c / § 125 |
| NY no-fault PIP limit | $50,000 per person | statuteNY Insurance Law § 5102 |
| NY statute of limitations | 3 years (CPLR § 214) | statuteCPLR § 214 |
First 2 weeks · before you sign
Protect the claim before you sign anything
- Confirm every potential coverage source before accepting anything: the employer's commercial policy, platform liability coverage, your own UM coverage, and MVAIC as the last resort.
- Do not assume an uninsured e-bike rider means no case. Platform coverage and Local Law 2023 violations are independent paths to recovery.
A quick settlement offer is information to weigh against your full and future costs, not something this page can tell you to accept or reject. When the stakes are unclear, that is a good moment for a licensed attorney.
Local resources (New York City)
Get your crash report
NYPD responds to injury crashes and files an MV-104P report. Download it at collisionreport.nypdonline.org after about 7 business days, or request older reports from the NY DMV with form MV-198C.
Checked as of Jun 2026Tow & impound
If NYPD ordered the tow, call 311 or check nyc.gov to locate the borough tow pound holding your vehicle. Bring ID, proof of ownership, and insurance. Daily storage fees add up.
Checked as of Jun 2026Body shop
You choose your own repair shop. Under NY Insurance Law § 2610, the insurer cannot require a specific shop. Ask for an itemized estimate and OEM parts.
Checked as of Jun 2026Medical records
Request copies from each provider; you have a right to them. Keep one folder with every bill, scan, and visit summary.
Checked as of Jun 2026Hospitals & emergency contacts
Level I trauma centers (NYC)
Bellevue (Manhattan) · Elmhurst (Queens) · Kings County (Brooklyn) · Lincoln (Bronx). For severe injuries call 911; EMS routes to the nearest trauma center.
Checked as of Jun 2026Police & crash reports
Call 911 for any injury crash; NYPD must respond and file the MV-104P. Non-emergency questions: 311. Always get the report or incident number before leaving the scene.
Checked as of Jun 2026Common mistakes to avoid
- 1
Only pursuing the delivery driver, not the company.
- 2
Assuming e-bike delivery accidents have no insurance coverage.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a New York attorney
Delivery cases hinge on employment status and platform coverage, the fastest-changing corner of NYC accident law. The partner firm for New York City can take it from here. One firm, credential-checked. No lead auction.
See the partner firm & start a free evaluation →What runs out, and when
- 30 days from the crash for written no-fault notice, usually the Form NF-2 application (11 NYCRR § 65-1.1, Reg 68). A late notice is accepted only with written proof of a clear and reasonable justification, and a late claim can be denied, putting up to $50,000 in PIP benefits at risk. The most urgent New York deadline.
- 3 years from the crash for most New York injury lawsuits (CPLR § 214). Strict.
- 90 days to file a Notice of Claim if a municipal vehicle was involved (MTA bus, NYPD, sanitation truck) under Gen. Mun. Law § 50-e, then 1 year and 90 days to sue under Gen. Mun. Law § 50-i.
- 2 years from the date of death for wrongful death claims (EPTL § 5-4.1), shorter than the 3-year injury deadline.
- Exceptions: deadlines for minors can be tolled under CPLR § 208, and government-claim deadlines are almost never extended. Verify your situation.
Frequently Asked Questions
Is Amazon liable if one of their delivery vans hits me in NYC?▼
Generally yes, if the driver was an Amazon employee or an Amazon DSP (Delivery Service Partner) employee acting within the scope of their delivery duties at the time of the crash. Amazon's commercial carrier typically holds $1M+ in liability coverage. An attorney confirms the driver's employment status and the applicable policy.
What if an e-bike food delivery rider hit me and has no insurance?▼
If the rider was on an active delivery for a platform (DoorDash, Uber Eats), the platform may carry general liability coverage for in-delivery incidents. If not, you may pursue your own uninsured motorist (UM) coverage if you have auto insurance, or MVAIC if you don't. No NYC law currently requires e-bike riders to carry liability insurance, which is why platform coverage, UM coverage, or MVAIC are usually the recovery paths.
How this was sourced
Reviewed by: William K. Mattar, J.D. · NY Bar #2280535 · Data as of: Jul 2026 · Next review: 2026-Q3.
What this does not cover: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] VTL § 102-c: Bicycle with Electric Assist (definition and classes) ↗
- statute[2] VTL § 125: Motor Vehicle Definition (excludes § 102-c e-bikes) ↗
This guide applies to New York law only and provides legal information, not legal advice. Laws change and apply differently to each situation. For advice about your case, talk to a licensed New York attorney.
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