Legal Help For Survivors Nationwide
Legal Help For Survivors Nationwide
It may be possible, depending on what happened. Sexual harassment and misconduct by a rideshare driver can range from unwelcome comments or questions to unwanted touching. Uber and Lyft both prohibit this conduct [1][2], and in New York City, TLC rules prohibit licensed drivers from sexual harassment while working [3]. Whether a survivor can bring a civil claim, and against whom, depends on the facts, such as whether there was physical contact or a threat of it, and what the company knew about the driver. This guide explains what generally counts as harassment or misconduct during a ride, which claims may be available in New York, the deadlines that may apply, and how to report it.
Not sure whether what happened to you counts? Survivor’s Justice connects survivors with experienced, compassionate lawyers who handle claims against Uber and Lyft. A free, confidential case review can tell you whether you may have a claim and which deadlines may apply, with no pressure and no obligation.
We can help answer your questions and connect you with an attorney if you may have a case.
Uber and Lyft each describe what they treat as sexual misconduct. Lyft’s policy, citing the National Sexual Violence Resource Center, says sexual harassment includes “unwelcome sexual experiences that do not involve physical contact, such as sexual advances, requests for sexual favors, and sexual comments” [2]. Examples in Lyft’s policy include:
Uber’s Community Guidelines say sexual assault and sexual misconduct of any kind is prohibited. They ask users not to comment on someone’s appearance or ask whether they are single, and not to touch strangers or anyone they just met while using Uber. Uber also says unwanted contact, where there is not mutual consent, can be seen as harassment [1].
Uber’s safety reports use a list of 21 categories of sexual misconduct and sexual assault, developed with RALIANCE, the National Sexual Violence Resource Center and the Urban Institute. According to Uber, misconduct ranges from staring or leering to a verbal threat of sexual assault [4]. Uber’s U.S. Safety Report for 2021 and 2022 counts 2,717 reported incidents in its most serious categories of sexual assault and misconduct [4].
Some forms of harassment and misconduct may also be offenses under New York’s Penal Law. Whether particular conduct meets a criminal definition is for the police and prosecutors to decide, and a civil claim generally does not depend on a criminal case. For example:
A criminal case can add time to sue. If a criminal case is brought against the driver over the same events, you may have at least 1 year after the criminal case ends to sue the driver, even if your deadline has already passed [8].
Which claims may be available depends on what happened and who the claim is against. These are the main ones:
| Claim | Deadline |
|---|---|
| Assault or battery against the driver, such as unwanted touching | 1 year [8] |
| Negligence against a company, such as inadequate driver screening | 3 years [9] |
| Gender-motivated violence in New York City, under a city law | 7 years [10] |
| Rape or certain other serious sex crimes, against the alleged perpetrator and, in some circumstances, other parties whose conduct is alleged to have contributed to the harm, such as a rideshare company | 20 years [11] |
Claims against the driver. Depending on the facts, unwanted touching may support a claim for battery. A claim for assault generally requires intentional physical conduct that placed the person in imminent apprehension of harmful contact. Courts have generally found that words alone, without some menacing gesture or act accompanying them, ordinarily are not enough for an assault claim [12]. Assault and battery claims generally must be filed within 1 year [8].
Claims against Uber or Lyft. Depending on the facts, claims may be brought against the alleged perpetrator and, in some circumstances, against other parties whose conduct is alleged to have contributed to the harm, including a rideshare company. A negligence claim against a company, such as one alleging inadequate driver screening or that the company did not act on earlier complaints about the driver, generally must be filed within 3 years [9]. In the national Lyft proceeding, according to allegations summarized in the transfer order, plaintiffs contend that Lyft failed to properly screen drivers, respond to complaints, or adopt additional safety measures [13].
New York City. For conduct in the city, the Gender-Motivated Violence Act can allow a claim within 7 years [10]. Since January 2022, that law also covers a party that “directs, enables, participates in, or conspires in” the violence, not only the person who committed it [14]. The law applies to a crime of violence motivated by gender, which it defines in part as an act that would be a misdemeanor or felony against the person, if the conduct presents a serious risk of physical injury to another, whether or not it led to criminal charges [15]. Whether it covers a particular incident of harassment depends on the facts.
About the 20-year rule. New York’s 20-year rule covers conduct that would be rape or certain other serious sex crimes under New York law [11]. It generally does not cover harassment or unwanted touching that falls short of those crimes, which generally have shorter deadlines. Our guide on whether it’s too late to sue Uber or Lyft covers New York’s deadlines in more detail.
These rules can overlap, and which one fits depends on the facts of your case.
Uber’s terms of use leave individual claims of sexual assault or sexual harassment out of its arbitration agreement [16]. Lyft says it won’t require arbitration for those claims, and that survivors can choose arbitration, mediation or court [17].
Federal law backs this up. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act became law on March 3, 2022. It lets a person alleging sexual harassment or sexual assault take the case to court even if they agreed to arbitration, for claims that arose on or after that date [18]. These rules decide where your case is heard, not how long you have to file it.
You can report harassment or misconduct to the company and, for rides in New York City, to the TLC. For competent adults, whether to report to law enforcement is generally their choice [19]. Our Step-by-Step Guide to Reporting a Rideshare Sexual Assault explains how to report, and our guide on what happens after you report explains what each one generally does next.
TLC rules prohibit a licensed driver from sexual contact or sexual harassment while working. Under those rules, a violation involving sexual contact is subject to a $2,000 fine and mandatory license revocation, and a violation involving sexual harassment is subject to a $1,000 fine and a mandatory 30-day suspension, revocation, or both [3].
Reporting to Uber, Lyft or the police generally does not, by itself, extend the time to file a civil lawsuit.
Our guide to the evidence that can help a rideshare case explains more.
It depends on the facts. A claim for assault generally requires intentional physical conduct that placed the person in imminent apprehension of harmful contact, and courts have generally found that words alone, without some menacing gesture or act accompanying them, ordinarily are not enough [12]. Comments and messages may still be worth reporting to Uber or Lyft and, for rides in New York City, to the TLC, whose rules prohibit sexual harassment by licensed drivers while working [3].
Depending on the facts, claims may be brought against the alleged perpetrator and, in some circumstances, against other parties whose conduct is alleged to have contributed to the harm, including a rideshare company. A negligence claim against a company, such as inadequate driver screening, generally must be filed within 3 years [9].
Assault or battery claims against the driver, such as unwanted touching, generally must be filed within 1 year [8]. Negligence claims against a company, such as inadequate driver screening, generally have 3 years [9]. In New York City, the Gender-Motivated Violence Act can allow a claim within 7 years, depending on the facts [10]. If a criminal case is brought against the driver over the same events, you may have at least 1 year after the criminal case ends to sue the driver, even if your deadline has already passed [8].
You can generally choose. Uber’s terms of use leave individual claims of sexual assault or sexual harassment out of its arbitration agreement [16]. Lyft says it won’t require arbitration for those claims, and that survivors can choose arbitration, mediation or court [17].
No. A consultation through Survivor’s Justice is free and confidential. You can learn whether you may have a claim and what legal options may be available based on your situation, with no obligation.
Survivor’s Justice connects survivors with experienced, compassionate lawyers who handle claims against Uber and Lyft. The consultation is free and confidential, whether or not you have reported, and you decide what happens next. Because some deadlines are short, reaching out sooner may help preserve your legal options.
This article is general information, not legal advice. Reading it doesn’t create an attorney-client relationship.
Being assaulted by a Lyft or Uber driver is not your fault. You deserve answers. You deserve advocacy. And most of all—you deserve justice.
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