Who is liable if I am injured in an Uber or Lyft accident in New York?

Rideshare accidents in New York involve multiple potential sources of insurance coverage and liability, making them more complicated than a standard two-car crash. Here is how to think through the layers.

New York TNC Insurance Requirements

Under Vehicle and Traffic Law §1693, Transportation Network Companies (TNCs) like Uber and Lyft must maintain insurance at various levels depending on the driver's status:

• App off: Only the driver's personal auto insurance applies (minimum $25,000/$50,000 in NY)
• App on, no passenger matched: $75,000 per person / $150,000 per accident TNC-provided coverage
• Passenger in vehicle or en route to pickup: $1.25 million in TNC-provided liability coverage

No-Fault Still Applies

New York is a no-fault state. Regardless of whether you are a passenger in the Uber, a pedestrian struck by the rideshare driver, or a driver of another car, no-fault insurance under Insurance Law §5102 applies first. Your no-fault application must be filed within 30 days of the accident.

Third-Party Claims

If your injuries meet the serious injury threshold under §5102(d), you can bring a third-party claim against the at-fault driver, the TNC, or both. Uber and Lyft will argue their drivers are independent contractors to limit corporate liability, but the TNC insurance policy is primary when a passenger is aboard.

If a municipal vehicle (city bus, taxi regulated by the TLC) was involved, a Notice of Claim within 90 days under General Municipal Law §50-e may also be required. Three-year deadline under CPLR 214. No fee unless we win.