Who Pays After a New York Rideshare (Uber or Lyft) Accident?

By Billy Cooper — Billy Cooper Law · 245 Main Street, Suite 510, White Plains, NY

Last updated June 23, 2026

In short

Who pays after a New York Uber or Lyft crash depends on what the driver was doing in the app. Outside New York City — including White Plains and Westchester — when a driver is logged in and waiting, the company must carry at least $75,000 per person ($150,000 per accident); once a driver is on the way to you or you’re on a trip, that jumps to $1.25 million. New York’s no-fault (PIP) pays your first $50,000 in medical costs regardless of fault, and you generally have three years to file. Two things changed in 2026 that every rider should know: New York moved to modified comparative negligence for car crashes (being more than 50% at fault now bars recovery), and the old “90/180-day” serious-injury rule was eliminated.

It depends on the app: New York’s rideshare insurance periods (outside NYC)

For rideshare outside New York City, New York’s Transportation Network Company law (Vehicle & Traffic Law Article 44-B) sets the required coverage, and which layer applies turns on the driver’s status in the app:

• App off (driver not logged in). No company coverage. The driver’s personal auto policy applies, at New York’s standard minimums.
• Logged in, waiting for a request. At least $75,000 per person / $150,000 per accident for bodily injury, plus $25,000 property damage, uninsured-motorist coverage, and $50,000 in no-fault (PIP) benefits.
• En route to you, or on a trip. At least $1.25 million in liability coverage, $1.25 million in uninsured/underinsured motorist coverage, and $50,000 in PIP.

During an active trip, that $1.25 million layer is the main pot if the rideshare driver is at fault. Preserving your trip records matters, because they prove which period was in effect.

(Note: New York City is different — Uber and Lyft there run under Taxi & Limousine Commission rules, not Article 44-B. The figures above are for trips outside the city, which covers Westchester.)

Who pays your medical bills first: New York no-fault (PIP)

New York is a no-fault state, so Personal Injury Protection (PIP) — at least $50,000 per person — pays your initial medical expenses and basic economic losses regardless of who caused the crash. It covers drivers, passengers, and pedestrians, including people in a rideshare vehicle. Practically, that means treatment can start without first proving fault.

Can you sue for pain and suffering? The serious-injury threshold

No-fault covers economic losses, but to recover for pain and suffering (non-economic damages) in a New York car crash, your injury has to meet the state’s “serious injury” threshold (Insurance Law §5102(d)) — categories like a fracture, significant disfigurement, a permanent consequential limitation, or a significant limitation of a body function or system.

What changed in 2026: New York eliminated the old “90/180-day” category of serious injury for motor-vehicle cases. Previously, an injury that kept you from your usual activities for 90 of the first 180 days could qualify on its own; for crashes litigated under the new rules, you now need to fit one of the remaining categories. (We explain the practical impact in plain terms below — and it’s exactly why documenting your injuries carefully matters more than ever.)

The 2026 changes every New York rider should know

Two reforms took effect in 2026 and apply to car-crash cases going forward:

1. New York moved to modified comparative negligence (for motor-vehicle cases). New York used to be a “pure” comparative-fault state — you could recover even if you were mostly at fault, just reduced by your share. Now, for car crashes, if you’re found more than 50% at fault, you recover nothing. At 50% or less, you still recover, reduced by your percentage. How fault gets assigned now directly decides whether there’s a case at all.
2. The “90/180-day” serious-injury category is gone (above). The remaining serious-injury categories still apply.

There’s also a narrower change: a $100,000 cap on pain-and-suffering in certain cases involving a driver who was uninsured when required to be insured, or impaired and convicted, or committing a felony — it doesn’t apply to most injured passengers or to wrongful-death claims, but it’s worth knowing.

Because these changes are new, a lot of older online information about New York rideshare claims is now out of date.

How long you have to file: deadlines

Most New York personal-injury claims must be filed within three years of the crash (CPLR 214). But there’s a much shorter clock when a public entity is involved — for example, a Westchester County or municipal vehicle, a public bus, or Metro-North: those typically require a notice of claim within 90 days, with the lawsuit itself due within one year and 90 days. The exact deadline depends on which public body is involved, so it’s worth getting advice quickly when a government vehicle or train is part of the crash.

Who may be responsible after a rideshare crash?

More than one party — and more than one policy — can be involved:

• The rideshare driver, if they were negligent.
• Another driver who caused or contributed to the crash.
• The rideshare company’s insurer, through the coverage Article 44-B requires while the driver is on the app.
• A public entity, if a government vehicle, bus, or train contributed (with the shorter deadlines above).

For an injured passenger, claims usually run: PIP first (no-fault), then a pain-and-suffering claim against the at-fault party if your injury meets the serious-injury threshold and the comparative-fault rule doesn’t bar it.

Frequently asked questions

Does Uber or Lyft’s insurance cover me as a passenger in New York? Yes. Outside New York City, if you’re injured during a trip, the company must carry at least $1.25 million in coverage, and your medical costs are also covered by $50,000 in no-fault PIP.

How much insurance applies depends on what? The driver’s status in the app — off, logged-in-and-waiting ($75,000/$150,000), or on a trip ($1.25 million).

Will my own insurance pay my medical bills? New York’s no-fault PIP ($50,000 per person) generally pays initial medical expenses regardless of fault.

How long do I have to file a claim in New York? Usually three years. But if a public entity like Metro-North or a county vehicle is involved, a 90-day notice deadline can apply — act quickly.

What if I was partly at fault? As of 2026, New York uses modified comparative negligence for car crashes: you can recover if you’re 50% or less at fault (reduced by your share), but more than 50% bars recovery.

Talk to a White Plains rideshare accident lawyer

If you were hurt in an Uber or Lyft crash in White Plains, Westchester, or anywhere in New York, Billy Cooper Law can identify which coverage applies, protect your deadlines, and account for the 2026 changes. Call (914) 730-5789 for a free consultation.

About the Author

Billy Cooper Law is the continuation of a more than 60-year family tradition of advocating for injured New Yorkers. Founded on the legacy of Marvin A. Cooper, P.C., a trusted name families have relied on for 60 years after life-altering injuries, the firm, led by Billy Cooper, Esq., represents clients in serious personal and catastrophic injury matters, including motor vehicle and Uber/Lyft accidents, construction accidents, and complex liability cases. Based in White Plains, Billy Cooper Law carries that history forward across Westchester County and the greater New York region with a modern, client-focused approach rooted in experience, accountability, and results.

Attorney Advertising. This article is for general informational purposes only and is not legal advice; reading it or contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.