If you were hurt while driving for a rideshare company in New York, workers' compensation benefits may come through the New York Black Car Operators' Injury Compensation Fund, Inc., depending on what you were doing on the app at the time of the injury. A claim against the driver who caused the crash can also come into play.
Key facts
- A rideshare (TNC) prearranged trip begins when the driver accepts a passenger's request through the company's digital network and ends when the last requesting passenger leaves the vehicle.
- No-fault: written notice of the accident must go to the insurer as soon as reasonably practicable, and in no event more than 30 days after the accident, unless written proof gives clear and reasonable justification for the delay.
- A lawsuit for personal injury must be commenced within three years, except as provided in CPLR §§ 214-b, 214-c, 214-i and 215; under General Municipal Law § 50-i(1), a personal injury action against a city, county, town, village, fire district or school district must be commenced within one year and ninety days after the event, and a notice of claim must first be served.
| Image for Blog PostImage to use (Envato). Envato Elements search for rideshare driver car phone mount Pick a photo with no recognizable people or readable license plates.Alt text to set on the image: Phone mounted on a car dashboard during a rideshare trip |
When does the Black Car Fund cover a rideshare driver?
Under Executive Law § 160-cc, a TNC driver counts as a black car operator in two situations: while engaged in a TNC prearranged trip, and while logged onto a TNC digital network and not on a trip but engaged in an activity reasonably related to driving as a TNC driver, taking into consideration the time, place and manner of that activity. The Fund secures the payment of workers' compensation by self-insuring or by buying blanket workers' compensation insurance.
What insurance must be in place while you drive?
While a driver is logged on but not on a trip, Vehicle and Traffic Law § 1693 requires coverage of at least $75,000 for bodily injury to or death of one person, $150,000 for two or more people, and $25,000 for property damage in any one accident, plus coverage satisfying Article 51 of the Insurance Law (no-fault). During a prearranged trip, the coverage must be at least $1,250,000 for bodily injury to or death of any person and injury to or destruction of property, along with no-fault coverage and $1,250,000 of supplementary uninsured/underinsured motorist insurance. If the driver's own insurance has lapsed or does not provide the required coverage, the company's group policy must provide it beginning with the first dollar of a claim.
Your personal auto policy may exclude coverage, including no-fault, while you are logged on or providing a prearranged trip, if the policy contains that exclusion.
How do workers' compensation and no-fault fit together?
No-fault first party benefits are reduced by amounts recovered or recoverable on account of the injury under workers' compensation.
Is there a threshold for recovering pain and suffering from the driver who caused the crash?
The serious-injury threshold applies: in an action between covered persons for injuries arising out of negligence in the use or operation of a motor vehicle in New York, there is no recovery for non-economic loss except in the case of a serious injury.
Frequently asked questions
Does Vehicle and Traffic Law Article 44-B apply in New York City?
According to the Department of Financial Services, Vehicle and Traffic Law Article 44-B, which contains the insurance requirements described above, does not apply to a prearranged trip originating in New York City, and a vehicle picking up a passenger in New York City, even though a TNC digital network was used, must comply with all other state and New York City laws and regulations. It does apply when a driver picks up a passenger in New York State outside New York City and drops the passenger off in the city.
Who is your employer for workers' compensation purposes?
The Workers' Compensation Law treats a black car operator as an employee of the Black Car Fund, and only for purposes of that law.
Who pays no-fault benefits if insurers disagree about whether you were driving for the app?
If there is a dispute about whether the vehicle was being used as a rideshare vehicle, the company's group policy must provide the no-fault benefits.
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. The initial case consultation is free, and the firm can be reached at (844) 444-4444.
Related reading from William Mattar
- Whose Insurance Pays? A Complete Guide to a New York Rideshare Accident Claim
- New York Rideshare Accident Lawyer
Sources
- New York Executive Law § 160-cc: https://www.nysenate.gov/legislation/laws/EXC/160-CC
- New York Executive Law § 160-ii: https://www.nysenate.gov/legislation/laws/EXC/160-II
- New York Workers' Compensation Law § 2: https://www.nysenate.gov/legislation/laws/WKC/2
- New York Vehicle and Traffic Law § 1691: https://www.nysenate.gov/legislation/laws/VAT/1691
- New York Vehicle and Traffic Law § 1693: https://www.nysenate.gov/legislation/laws/VAT/1693
- New York Vehicle and Traffic Law § 1695: https://www.nysenate.gov/legislation/laws/VAT/1695
- NYS Department of Financial Services, FAQs About Transportation Network Companies: https://www.dfs.ny.gov/apps_and_licensing/property_insurers/trans_network_co_ride_sharing_faqs
- New York Insurance Law § 5102: https://www.nysenate.gov/legislation/laws/ISC/5102
- New York Insurance Law § 5104: https://www.nysenate.gov/legislation/laws/ISC/5104
- 11 NYCRR 65-1.1 (Regulation 68, NYS Department of Financial Services): https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf
- New York General Municipal Law § 50-i: https://www.nysenate.gov/legislation/laws/GMU/50-I
- CPLR § 214: https://www.nysenate.gov/legislation/laws/CVP/214
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.