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Who is Liable in a Rideshare Accident in New York?

Who Is Liable in a Rideshare Accident in New York?Liability in a rideshare accident in New York can fall on one or more parties. It depends on how the crash occurred and what the rideshare driver’s app status was at the time. In some cases, the rideshare driver is responsible. In others, another motorist may be at fault. There are also situations where multiple parties and insurance policies are involved. Rideshare accidents are different from typical car accidents because they involve a driver using a personal vehicle for commercial purposes. As a result, determining liability is often a complex legal and insurance issue. Our Long Island rideshare accident lawyers can explain in more detail.  
Edward Friedman
REVIEWED BY Edward Friedman May 26, 2026
In This Article
Reading time: 6 minutes
  1. How Rideshare Accident Liability and Insurance Coverage are Different
  2. Common Causes of New York Rideshare Accidents
  3. When the Rideshare Company May Be Involved
  4. What If You Were a Passenger or Third Party?
  5. How Liability May Be Shared in a Rideshare Accident
  6. What Evidence Determines Liability in a Rideshare Accident
  7. What Your Next Steps Mean for Your Rideshare Accident Claim
  8. Speak With Friedman & Simon, L.L.P. About Your Rideshare Accident Case

How Rideshare Accident Liability and Insurance Coverage are Different

Rideshare accident cases are structured differently from standard motor vehicle claims because liability and insurance coverage are tied to the driver’s activity at the time of the crash. Unlike traditional drivers, rideshare drivers’ insurance coverage is tied to their status in the transportation network company (TNC) app. Their status in the app shifts during their workday, and each status determines what insurance coverage applies:  (As per: NY VEH & TRAF § 1693) 
  • Not using the app: The driver’s personal auto insurance generally applies
  • Logged in and waiting for a ride request: Limited rideshare coverage may apply, typically up to $75,000 per person, $150,000 per accident for bodily injury, and $25,000 for property damage
  • En route to pick up a passenger or transporting one: The rideshare company generally provides up to $1.25 million in liability coverage for injuries and damages
You should note that New York is a no-fault state, meaning your own personal injury protection (PIP) coverage will typically cover medical bills and lost wages up to your policy limits, regardless of who caused the accident. Fault only becomes a factor if an injured person meets the no-fault threshold, such as having damages over $50,000 or suffering a “serious injury”. (Many people are quick to dismiss their own injuries as not being “serious”.  We urge you not to apply your own everyday understanding of that term.  “Serious injury” is a term described by New York law in connection with motor vehicle accidents.  We invite you to call us so that we can review the specifics of the law and how it applies to your situation.)  At that point, you can file a personal injury lawsuit against the at-fault party. This shifting structure is what makes rideshare accident cases more complex. Determining liability is not just about identifying who caused the crash. It also requires identifying what coverage is available and when it applies.

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Common Causes of New York Rideshare Accidents

Rideshare accidents are typically caused by the same types of negligent driving behaviors seen in other collisions. The key issue is who acted carelessly, not whether a driver was working for a rideshare company. Common causes include:
  • Failure to yield: A driver may cause a collision by not yielding the right of way, especially at intersections
  • Unsafe lane changes: Drifting between lanes or changing lanes without proper clearance can lead to sideswipe accidents
  • Following too closely: Rear-end collisions often occur when a driver does not leave enough distance to stop safely
  • Speeding: Driving too fast for traffic or road conditions can reduce reaction time and increase crash severity
  • Distracted driving: Using a phone or app while driving can take attention away from the road
  • Driving under the influence: Alcohol or drug impairment can significantly affect judgment and reaction time
These actions may be committed by a rideshare driver or another motorist. In some cases, both may share responsibility.

When the Rideshare Company May Be Involved

Rideshare companies like Uber and Lyft classify drivers as independent contractors, which means they are not automatically responsible for every accident. However, they do provide insurance coverage that may apply depending on the driver’s status within the app. In addition, these companies maintain records that can establish whether a driver was actively working at the time of the crash. That information can be critical when determining both liability and coverage.

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What If You Were a Passenger or Third Party?

If you were a passenger in a rideshare vehicle, your situation is often different from that of a driver. In most cases, passengers are not responsible for causing the accident. Depending on how the crash occurred, you may file a claim against: As stated above, rideshare passengers have access to higher insurance coverage when the driver is actively transporting a rider, which can be an important factor in recovering compensation. This issue is not limited to passengers. Pedestrians, bicyclists, and others on the road may also be injured in a rideshare-related accident. In each case, liability still depends on what caused the crash, but identifying the correct source of coverage is a key part of the process.

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How Liability May Be Shared in a Rideshare Accident

In a rideshare accident, determining fault is not always immediate. Instead, it involves evaluating how the crash happened and what each party did leading up to it. Investigators look at factors such as:
  • Driver behavior
  • Traffic law violations
  • Road conditions
  • Vehicle positioning
New York follows a comparative fault system, which allows responsibility to be assigned based on each party’s role in causing the crash. This approach focuses on the facts rather than assumptions, ensuring that liability is tied to actual conduct. Because rideshare cases often involve multiple vehicles and overlapping insurance coverage, this evaluation process plays a critical role in how claims are ultimately resolved.

What Evidence Determines Liability in a Rideshare Accident

Evidence is essential in determining what happened and who may be responsible. Our personal injury team will investigate the rideshare accident and typically collect and examine evidence such as:
  • Police reports
  • Witness statements
  • Photos and videos from the scene
  • Traffic or surveillance footage
Of particular importance is the app data showing the driver’s status at the time of the crash and phone records. Our lawyers will subpoena such evidence on your behalf.

What Your Next Steps Mean for Your Rideshare Accident Claim

After a rideshare accident injury, the steps you take will influence your physical and financial recovery. We encourage you to focus on your health while preserving important information by taking the following actions:
  • Seek medical attention immediately
  • Call 911 so that local police can create an accident report
  • Report the accident through the rideshare app to create a record and initiate the company’s insurance process
  • Confirm the driver’s rideshare status on the app, if possible
  • Document the scene with photos and witness information
  • Do not discuss fault 
  • Do not communicate directly with insurance companies, have us do it
  • Keep all records related to the accident
  • Speak with our attorneys about your rideshare accident as soon as possible
With prompt notification, we will preserve evidence and identify all applicable insurance coverage, allowing you to avoid missteps that could affect your claim.

Speak With Friedman & Simon, L.L.P. About Your Rideshare Accident Case

Our personal injury lawyers understand how rideshare accident cases work and what it takes to investigate them properly. We focus on gathering evidence, identifying all responsible parties, determining the value of your case, and pursuing the compensation you deserve. Plus, we will communicate on your behalf with the insurers and keep you posted on any changes. If you have been injured in a rideshare accident, call Friedman & Simon, L.L.P. for your free case consultation. Discuss your situation with a member of our staff and learn about your legal options.

Call or text (516) 932-0400 or complete a Free Case Evaluation form