Uber Accidents
Uber and Lyft Drivers Injured in New York: Your Rights and Who Pays
Jonathan Fuzailov, Esq.
September 15, 2026 · 5 min read
Rideshare drivers occupy a gray zone between employee and independent contractor. Your coverage depends on the app status — and New York adds extra protections.
Your app status decides your coverage
App off: your personal policy only. App on, waiting for a request: contingent coverage with lower limits. Ride accepted or passenger aboard: the full commercial policy applies, including uninsured motorist coverage if the other driver has no insurance.
New York's Black Car Fund
In New York, rideshare drivers may be covered by the Black Car Fund, which provides workers' compensation-style benefits for injuries sustained while working — a protection most states don't offer. Eligibility and benefits depend on your dispatch base and trip status.
Claims against the at-fault driver
If another driver caused the crash, you can sue them for pain and suffering just like any other victim — subject to the serious injury threshold. Your no-fault benefits come first, and the liability claim covers what no-fault doesn't.
Document your status
Screenshot the app showing you were online or on a trip at the time of the crash. Insurers routinely dispute which period applied, and that screenshot can be worth hundreds of thousands of dollars in coverage.
Free case review
Hurt in a rideshare accident in New York? Talk to a lawyer today.
Deadlines in New York can be as short as 90 days, and insurers start building their defense immediately. Get a free, no-obligation review of your case from Fuzailov Law — you pay nothing unless we win.
Request a free case review
Tell us what happened. We'll review your case and respond the same day — no fee unless we win.