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A passenger hurt in an Uber, Lyft or taxi in New York generally files for no-fault benefits with the insurer of the vehicle they were in. Buses are the exception: the passenger’s own or household policy pays first. With a serious injury, a claim against the at-fault driver is also possible.
A late-night Uber from Manhattan back to Greenpoint, a cab from JFK to Ridgewood, the B43 or Q54 bus to work. For many people in New York’s Polish community, riding as a passenger is part of daily life and owning a car is the exception. When a crash happens, the passenger is left with a question that sounds simple but is surprisingly complicated: who pays for treatment and for the days missed at work?
The answer depends on the type of vehicle, where the trip started and whether the passenger has an auto policy of their own. Below we lay out the rules for app-based rides, taxis and buses, and explain what to do in the first days after a crash so you do not lose benefits by missing a deadline.
Who pays a passenger’s medical bills – no-fault benefits
In New York State the starting point is no-fault coverage: insurance that pays for medical treatment and part of lost earnings without deciding who caused the crash. According to the Department of Financial Services (DFS), a person who was riding in a car files the claim with the insurer covering the car they were in.
The deadline is what matters most. The regulations (Regulation 68) require written notice to the insurer as soon as reasonably practicable and no later than 30 days after the accident. A late claim may be accepted only with a clear and reasonable justification. Lost-wage claims must be submitted within 90 days, and the benefit is subject to a 20% statutory offset.
In practice, passengers often do not know the name of the vehicle’s insurer. That is why details from the scene are so important: the license plate, the taxi medallion or for-hire vehicle license number, the trip receipt from the app and the police report number.
The application itself is made on Form NF-2 (Application for Motor Vehicle No-Fault Benefits), which the insurer sends once the claim is reported. Fill it out carefully: your description of the crash, the list of injuries and your employer’s details will later be compared with your medical records and the police report.
Whose fault, whose responsibility – a passenger and two drivers
A passenger is in a special position: they were not driving, so as a rule they are not at fault for the crash. In a two-vehicle collision, though, responsibility may lie with the driver they were riding with, the driver of the other car, or both. So a passenger’s claim may involve more than one person and more than one policy. A typical example: an Uber carrying a passenger is hit at an intersection by a car that ran a red light – the insurance on both vehicles comes into play.
No-fault benefits do not cover pain and suffering. With more serious injuries – as defined by New York’s auto insurance law – a passenger may bring a claim against the at-fault driver and that driver’s insurer. With company vehicles and fleets, responsibility may also extend to the vehicle owner or the carrier.
The scope of such a claim depends mainly on the type and permanence of the injury, the course of treatment, lost earnings and the limits of the policies that apply. Whether there is one responsible party or several also determines how many sources of coverage are available.
Proving how the crash happened requires evidence that disappears quickly. Dashcam video, footage from store cameras at the intersection or from buildings along the route is usually kept only for a short time. Write down the names and phone numbers of other passengers and witnesses on the sidewalk while you are still at the scene, even if it seems unnecessary at the moment.
Call us and talk it through in Polish – the consultation is free: 718-383-0100
Uber and Lyft – why it matters where the trip began
New York State has separate rules for app-based rides (Vehicle and Traffic Law Article 44-B), but – as DFS explains in its ride-sharing FAQ – they apply to trips that begin in New York State outside New York City. During such a trip, the policy must provide at least $1,250,000 in bodily injury liability, supplementary uninsured/underinsured motorist (SUM) coverage at the same level, and no-fault benefits.
Trips that begin in New York City follow different rules. Uber and Lyft drivers in the five boroughs operate vehicles licensed by the Taxi and Limousine Commission (TLC), and the city sets the insurance requirements for those vehicles. Those requirements have changed recently, so the coverage in a particular case has to be checked, not assumed.
For passengers, the most important practical takeaway is simple: keep the trip confirmation from the app. A screenshot showing the route, time, driver’s name and vehicle details helps establish which phase of the trip was under way at the moment of the crash and whose policy applies.
Taxis and buses – when the passenger’s own policy kicks in
In a yellow or green cab, no-fault works the same way as in other cars: the claim goes to the vehicle’s insurer. Buses are different. Under Insurance Law §5103, a bus passenger (who is not the bus’s driver, owner or employee) receives no-fault benefits first from a policy covering the passenger and members of their household. Only if there is no such policy does the bus’s insurer pay.
For many passengers without a car, that means the bus insurer will pay. But someone who owns a car should expect the claim to go to their own insurer – even though they were riding public transit. They do not lose coverage; only the insurer handling the application changes, and any later claim against the at-fault party remains a separate matter.
When the bus belongs to a public entity, such as the MTA or NYC Transit, there is an additional requirement. A claim beyond no-fault requires a notice of claim, generally within 90 days, and the deadline to file suit can be shorter than in ordinary traffic cases. The firm covers those deadlines in detail in a separate directory guide on falls in the subway and on MTA buses.
How to prepare for your first conversation with The Stein Law Group
- Proof of the ride. A screenshot from the app, a taxi receipt, a ticket or your OMNY record. These show what you were riding, when and from where.
- Vehicle and driver details. License plates, TLC license numbers, drivers’ names and their insurers’ names, if you were able to get them.
- The police report number. In New York City, police usually prepare a report at the scene of a collision. The number speeds up finding out who reported what.
- Your own auto policy. If you or someone in your household owns a car, keep the policy declarations page handy. After a bus crash it may turn out to be key.
- Medical and earnings records. Hospital discharge papers, referrals, pay stubs and a note from your employer about the days you missed.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles car accident cases in New York and New Jersey – view the firm’s profile and practice areas.
Questions and answers
After an Uber crash, do I file with Uber?
It is worth reporting the crash in the app, but no-fault benefits are handled by the vehicle’s insurer. The 30-day deadline for written notice to the insurer runs regardless of any contact with the ride company. Keep the incident number the app assigns and all correspondence with the company.
I don’t own a car or have a policy. Who pays after a bus crash?
When the passenger and their household have no policy with no-fault coverage, the law directs the claim to the bus’s insurer.
Can a passenger be found partly at fault?
It is rare, but insurers sometimes raise issues such as an unbuckled seat belt. That is why your account of what happened should be accurate and consistent from the very beginning.
How much time do I have?
For a no-fault application – 30 days. For public buses, a notice of claim is generally due within 90 days. The deadline for a lawsuit depends on who the parties are.
A passenger does not choose the driver or the route, yet after a crash they have to navigate a system that was not designed with them in mind. A few documents gathered in the first days – proof of the ride, the report number, the vehicle details – usually determine how smoothly the case goes. The rest – who was at fault and which policy responds – can be worked out later, as long as that groundwork is preserved.
If you were hurt as a passenger, it is worth talking about the deadlines before they pass. Schedule a conversation with attorney Adam J. Stein: 718-383-0100
This article is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
