New York Rideshare Accident Lawyer

Rideshare services like Uber and Lyft are part of everyday transportation in New York. Whether you are commuting to work, heading to a social event, or simply trying to get across town, rideshare apps provide a level of convenience that traditional taxis do not. But when an accident happens involving one of these vehicles, the process of seeking compensation can become complicated. The legal framework for rideshare accident claims is different from regular car accidents due to the involvement of multiple parties, unique insurance arrangements, and New York City-specific regulations. If you were injured in a rideshare accident, contact an experienced New York rideshare accident lawyer to help you understand your rights, navigate insurance issues, and pursue full compensation.

After a rideshare accident in New York, your actions can affect both your health and your potential legal claim. You should:

1. Call 911: Report the accident to the police and request medical assistance. This ensures injuries are documented, and an official report is created.
2. Seek Medical Attention: Some injuries may not be immediately obvious. A prompt medical exam creates an important record.
3. Gather Information: Collect names, license numbers, insurance information, and contact details from all drivers. Take note of the rideshare driver's status and the rideshare company (Uber, Lyft, etc.). Make sure to get the rideshare drivers personal insurance information as well as the company’s.
4. Document the Scene: Use your phone to take photos and videos of vehicle damage, road conditions, your injuries, and other relevant factors.
5. Identify Witnesses: Collect names and contact details of any witnesses.
6. Notify the Rideshare Company: Report the incident using the app or their online platform.
7. Avoid Discussing Fault: Do not make statements to other parties or insurance companies without legal advice.
8. Contact a Lawyer: Speak with a New York rideshare accident lawyer right away to help make sure steps are taken to preserve evidence and protect your legal rights.

Liability for a rideshare accident depends on the specific facts of the incident. Under New York’s comparative fault rule (CPLR § 1411), more than one party may be held responsible for an accident. To establish liability, the injured party must show that the defendant owed a duty of care, breached that duty through negligent action or inaction, and that the breach caused the resulting injuries. This standard is rooted in New York tort law, as outlined in Palsgraf v. Long Island R.R. Co., 248 N.Y. 339 (1928).

Potentially liable parties include:

• Rideshare Driver: If the driver acted negligently, such as by speeding or driving while distracted, they may be liable.
• Another Driver: If a third-party vehicle caused the crash, the driver of that vehicle may be responsible.
• Rideshare Company: Uber and Lyft classify drivers as independent contractors, but the company may be liable in cases involving negligent hiring, unsafe technology, or failure to comply with TLC regulations.
• Vehicle Owner or Employer: If the vehicle belongs to someone other than the driver or if the driver was on a work-related task for another employer, those parties may be liable.
• Government Entity: If poor road conditions or missing traffic signs contributed to the accident, the city may be responsible.

A New York rideshare accident lawyer can investigate and determine who should be held accountable. Note that comparative negligence also means that fault can be attributed to you, reducing the amount of compensation you may be entitled to. For example, if your total damages are $100,000 and you are found to be 25% at fault, perhaps for not wearing a seatbelt, you would be eligible to recover only $75,000.

Insurance coverage in a rideshare accident is directly tied to the rideshare driver’s status within the app at the time of the incident. However, within New York City, the Taxi and Limousine Commission (TLC) imposes additional insurance requirements that may supersede state minimums. These are codified in TLC Rule § 54-15.

The following outlines how coverage is typically applied:

• Driver Not Logged into the App: If the rideshare driver is not logged into the Uber or Lyft platform and is using the vehicle for personal purposes, the only applicable insurance is the driver’s personal automobile insurance. Rideshare company coverage does not apply in this scenario.
• Driver Logged In, But No Ride Accepted: When a driver is logged into the app and available to accept a ride but has not yet matched with a passenger, the rideshare company provides contingent liability coverage, meaning it kicks in if the driver's personal insurance doesn't apply or isn't sufficient. Under VTL § 1693(2), this includes:
  • $75,000 in bodily injury per person
  • $150,000 in bodily injury per accident
  • $25,000 for property damage per accident

This coverage is secondary and only applies if the driver’s personal insurance is insufficient or denied.

• Ride Accepted or In Progress (Driver En Route or Passenger in Vehicle): From the moment a ride request is accepted until the passenger exits the vehicle, the rideshare company provides primary commercial insurance coverage. As required by VTL § 1693(1) and reflected in TLC Rule § 54-15(c)(1), this includes:
  • A combined single limit of at least $1.25 million for bodily injury and property damage per accident
  • Uninsured/Underinsured Motorist (UM/UIM) coverage with limits of $1.25 million
  • Optional coverages such as comprehensive and collision may also be included, depending on the agreement between the company and the driver

TLC regulations may require higher minimums or broader coverage depending on the classification of the vehicle (e.g., black car, livery, FHV). TLC Rule § 59B-11 mandates that insurance must be maintained in full force and effect for all TLC-licensed vehicles and may disqualify drivers or vehicles that fail to meet these standards.

Note that rideshare companies often provide insurance coverage that exceeds the minimum statutory requirements as part of their standard policy offerings to reduce exposure and protect brand reputation.

A New York rideshare accident lawyer can determine which policy applies based on the driver’s app status and ensure that the correct insurance company is held accountable.

In New York, no-fault insurance, also known as Personal Injury Protection (PIP), applies to most motor vehicle accidents, including those involving rideshare vehicles. Under N.Y. Ins. Law § 5102, no-fault benefits are available regardless of who caused the accident. This means that whether you were a passenger in an Uber or Lyft, a pedestrian struck by a rideshare vehicle, or another driver involved in a collision with one, you may be eligible for these benefits. PIP serves as the primary source of coverage for immediate economic losses such as medical expenses and lost wages. It operates independently of the rideshare company's commercial liability insurance, which typically applies when there is a claim for serious injuries or when damages exceed the no-fault limits.

No-fault coverage applies in addition to the rideshare company’s required commercial insurance, which includes up to $1.25 million in liability and uninsured/underinsured motorist (UM/UIM) coverage under N.Y. Veh. & Traf. Law § 1693(1). While that higher-limit policy is triggered when a driver is “on-trip” (en route to or transporting a passenger), the no-fault portion provides an initial safety net that helps cover basic financial needs while a liability or injury claim is being processed.

The standard no-fault benefits include:

• Medical Expenses: Coverage of up to $50,000 for reasonable and necessary medical treatment, including hospital visits, surgery, rehabilitation, and prescription medication.
• Lost Wages: Up to $2,000 per month in lost income, payable for up to three years from the date of the accident, if you are medically disabled from working.
• Household Services: Up to $25 per day, for up to one year, for necessary services such as housekeeping, childcare, or transportation assistance that you can no longer perform due to your injuries.

To receive no-fault benefits, you must submit a No-Fault Application (Form NF-2) to the appropriate insurance company within 30 days of the accident. If the form is not submitted on time, your benefits may be denied, regardless of the severity of your injuries.

Because rideshare accidents involve overlapping insurance systems, PIP, the rideshare driver’s personal auto policy, and the rideshare company’s commercial liability policy, it’s important to work with a New York rideshare accident lawyer to determine how to coordinate and maximize your benefits across all available policies.

New York’s no-fault insurance system is designed to provide quick payment for certain economic losses, including medical expenses and lost wages, regardless of who was at fault. However, it limits your ability to bring a lawsuit for non-economic damages such as pain and suffering. Under N.Y. Ins. Law § 5104(a), you can only sue the at-fault party if your injuries meet the legal definition of a “serious injury.”

The law defines “serious injury” to include the following categories:

• Fracture: Any broken bone qualifies, even if the fracture is not permanent or disabling.
• Permanent loss of use of a body organ, member, function, or system: This applies when there is a complete and lasting loss of function in any part of the body.
• Significant disfigurement: This includes scars, burns, or other visible injuries that affect your appearance in a way that a reasonable person would consider objectionable.
• Permanent consequential limitation of use of a body organ or member: This refers to a medically determined condition that permanently limits your use of a body part.
• Significant limitation of use of a body function or system: This includes injuries that substantially reduce your ability to use a physical or bodily function, even if not permanently.
• 90/180-day rule: You may qualify if a medically determined injury or impairment prevents you from performing most of your regular daily activities for at least 90 days during the 180 days following the accident.

In Licari v. Elliott, 57 N.Y.2d 230 (1982), the New York Court of Appeals clarified the threshold for bringing a personal injury lawsuit under the No-Fault Law. The plaintiff, who sustained soft tissue injuries in a car accident, returned to work as a taxi driver less than a month later. The court found that occasional headaches, dizziness, and minor physical limitations were not enough to qualify as a "serious injury" under Insurance Law § 5102(d). It held that a court must determine as a matter of law whether a plaintiff has met the serious injury threshold before a jury can consider damages. Because the plaintiff failed to show a significant limitation or a medically determined disability lasting 90 of the first 180 days, the complaint was dismissed.

Meeting one of these categories allows you to step outside the no-fault system and pursue a personal injury lawsuit for damages such as pain and suffering, emotional distress, and loss of enjoyment of life. You must be able to provide objective medical evidence to support your claim. This typically includes diagnostic tests, treatment records, and statements from qualified medical professionals.

If you believe your injuries meet the serious injury threshold, a New York rideshare accident lawyer can evaluate your records and help you determine whether you have the right to pursue a lawsuit for additional compensation.

Uber and Lyft limit liability by classifying drivers as independent contractors. However, you may file a lawsuit directly against the company in certain situations:

• Negligent Hiring: A rideshare company may be held liable if it failed to conduct proper background checks during the hiring process. If a driver had a known history of dangerous driving or criminal conduct and was still approved to drive, the company could be responsible for resulting injuries. For example, in Doe v. Lyft, Inc., 2025 WL 2446995 (D. Kan. May 22, 2025), the plaintiff alleged that Lyft negligently approved a fraudulent driver account using falsified documents. The approved driver, Michalia Williams, had a criminal record and lacked a valid license. After Jane Doe used the Lyft app to request a ride, Williams and an accomplice picked her up and later assaulted her at her apartment. Lyft moved to dismiss several claims. The court allowed the plaintiff’s claims for negligence, negligent hiring, and negligence per se to proceed, finding the allegations sufficient to state a plausible claim. The court dismissed claims for product liability, vicarious liability, fraud, and violations of the Kansas Consumer Protection Act. The case underscores how rideshare companies may face direct liability when they fail to properly vet drivers, despite their use of independent contractors.
• Negligent Retention: Even if a driver was properly vetted initially, the company must remove drivers who demonstrate unsafe behavior over time. If Uber or Lyft allowed a driver with multiple complaints or traffic violations to continue operating, this could form the basis for a negligent retention claim.
• App Malfunctions: Rideshare apps are central to the functioning of the service. If a technical issue such as faulty GPS navigation or system error caused or contributed to an accident, the company could be liable for failing to maintain safe and reliable software.
• Violations of TLC Rules: Rideshare companies operating in New York City must comply with TLC regulations related to driver licensing, safety standards, and operational practices. Failure to follow rules found in TLC Rules §§ 80-04 and 80-05 may support a claim if the violation is connected to the cause of the accident.

In each of these scenarios, a New York rideshare accident lawyer can evaluate whether a direct claim against the rideshare company is viable based on the facts and supporting evidence.

If your injuries meet the serious injury threshold under N.Y. Ins. Law § 5104(a), you may pursue a personal injury lawsuit for both economic and non-economic damages. In some cases, you may also be entitled to punitive damages. The compensation you recover is meant to make you financially and personally whole to the extent allowed by law.

These are measurable financial losses that result directly from the accident:

• Medical Bills (Past and Future): You can recover the cost of medical treatment you have already received, such as hospital stays, emergency room care, surgery, medications, physical therapy, and follow-up appointments. You may also be entitled to future medical costs if your injuries require ongoing care, including rehabilitation, specialist visits, or long-term prescriptions.
• Lost Income: If you missed work due to your injuries, you can seek compensation for wages lost during your recovery. This includes regular hourly pay, salary, and potentially lost commissions, bonuses, or freelance income that you were unable to earn during that period.
• Reduced Earning Ability: If your injuries prevent you from returning to your previous job or earning the same income, you may be compensated for your diminished future earning capacity. This can apply even if you are able to work but must take a lower-paying job due to physical limitations.
• Property Damage: You may recover the cost to repair or replace any personal property damaged in the accident, such as your vehicle, cell phone, glasses, or other items that were inside the car during the collision.
• Out-of-Pocket Expenses: This includes costs for transportation to medical appointments, assistive devices like wheelchairs or braces, over-the-counter medical supplies, or any services you had to pay for because you were unable to perform them yourself, such as childcare or housekeeping.

These address the physical, emotional, and psychological impact of your injuries:

• Pain and Suffering: This includes compensation for the physical pain and discomfort caused by your injuries, as well as the emotional distress that may accompany serious or permanent injuries.
• Loss of Enjoyment of Life: You may be entitled to damages if your injuries prevent you from participating in activities or hobbies that you once enjoyed, such as exercise, travel, or social events.
• Disfigurement: If the accident caused permanent scarring, burns, or other visible injuries that affect your appearance, you can seek damages for the emotional and social consequences of living with those changes.
• Loss of Consortium (for Spouses): If you are married, your spouse may be able to recover damages for the loss of companionship, affection, support, or intimacy that resulted from your injuries. This is considered a separate claim from your own.

These are not awarded in every case and are meant to punish particularly reckless or dangerous behavior:

• May Apply in Cases of Intoxication or Extreme Misconduct: If the rideshare driver or another party acted in a grossly negligent or intentionally harmful manner, such as driving while intoxicated in violation of VTL § 1192, you may be able to seek punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

A New York rideshare accident lawyer can help you calculate the full value of your damages and present the evidence needed to support your claim in negotiations or in court.

Several important deadlines, also known as statutes of limitations, affect your ability to recover compensation after a rideshare accident in New York. Failing to meet any of these deadlines may result in losing your legal right to pursue damages, even if your claim is valid.

• Personal Injury: The statute of limitations for filing a personal injury lawsuit in New York is three years from the date of the accident, as set out in CPLR § 214(5). This deadline applies to claims against a rideshare driver, another motorist, or a rideshare company. It is important to note that this time limit starts running on the day of the accident.
• No-Fault Claim: To receive Personal Injury Protection (PIP) benefits, you must submit a No-Fault Application (Form NF-2) within 30 days of the accident. These benefits can cover medical expenses, lost wages, and household services. If the form is not submitted within the required time, the insurance company may deny your claim.
• Municipal Claims: If a government-owned vehicle was involved in your accident, such as an MTA bus or a city vehicle, you must follow a different set of procedures. Under General Municipal Law § 50-e, you are required to file a Notice of Claim within 90 days. You must then file the lawsuit within one year and 90 days of the accident. In Matter of DeGarmo v City of New York, 2025 NY Slip Op 02148, the petitioner sought permission to serve a late notice of claim after allegedly being injured by a student on three occasions in 2021. The court affirmed the denial of her petition, stressing the importance of complying with the 90-day notice requirement under General Municipal Law § 50-e(1)(a). It found that the incident reports submitted at the time did not give the City actual knowledge of the legal claim of negligent supervision. The court also ruled that ignorance of the notice requirement was not a reasonable excuse for the delay and that the petitioner failed to show the City would not be prejudiced by the late notice. While this is not a rideshare case, it underscores the strict procedural rules that apply when seeking to sue a municipality, which also govern public entities in transportation-related injury claims.
• MVAIC Claims: The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides coverage when no other insurance is available, such as in hit-and-run cases or when the at-fault driver is uninsured. You must file a claim with MVAIC within 90 days of the accident. This deadline applies even if you are still gathering evidence or seeking medical treatment.
• Minors or Legal Disability: When the injured person is a minor or legally incapacitated at the time of the accident, the statute of limitations may be paused. This is known as tolling, and it is provided for under CPLR § 208. The clock typically begins to run when the person turns 18 or the disability is removed, but shorter deadlines for no-fault or MVAIC claims still apply.

An experienced rideshare accident attorney in New York can help you determine which statutes of limitations apply to your situation and ensure that all necessary documents are filed on time.

Q. What should I do if the rideshare driver refuses to report the accident?
A. You should call 911 and file a police report yourself. Be sure to document the incident by taking photos, gathering witness contact information, and reporting the accident to the rideshare company directly through the app.

Q. Can I file a claim if I was injured while getting into or out of a rideshare vehicle?
A. Yes. Injuries sustained while entering or exiting a rideshare vehicle may still be covered under the company's insurance policy, depending on the timing and circumstances of the incident. You may also be eligible for no-fault benefits.

Q. What happens if the rideshare driver was using a rental vehicle?
A. Rideshare drivers using rented vehicles must still meet the insurance requirements set by New York law and the TLC. The rental company, the rideshare company, and the driver may all have insurance policies that apply, depending on the situation.

Q. Are out-of-state passengers covered in a New York rideshare accident?
A. Yes. Even if you are not a New York resident, you may still be eligible for no-fault benefits and other compensation if the accident occurred in New York. Out-of-state passengers may also have claims under their own insurance policies.

Q. What should I do if I was hit by a rideshare vehicle while riding my bicycle?
A. You may be eligible for compensation from the rideshare company’s insurance, the driver’s personal policy, or through MVAIC if no insurance is available. A police report, photos, and medical records will help support your claim.

Q. Will filing a claim against a rideshare company affect my ability to use the app?
A. No. Filing a legal claim or reporting an accident does not prevent you from continuing to use the rideshare app. The company cannot retaliate against you for exercising your legal rights.

Pursuing a personal injury claim after a rideshare accident can be complex. It is important to have legal representation from an experienced rideshare accident attorney serving New York. At Stephen Bilkis & Associates, we have decades of experience handling personal injury and wrongful death cases involving vehicle accidents. Time limits apply to all types of accident claims, so it is important to act quickly to protect your rights and preserve evidence. Contact us at 800.696.9529 to schedule a free consultation. There is no obligation, and we will explain your legal options clearly. We serve clients in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester County, Suffolk County, Nassau County, and throughout Long Island.