Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue Lyft directly, or only the driver?
You may have a civil claim against Lyft itself. Under New York law, companies like Lyft can be held liable for negligent hiring, supervision, or retention — meaning their failure to properly screen or monitor drivers is a basis for institutional accountability, independent of any criminal case.
Does it matter whether the driver was criminally charged?
No. A civil lawsuit is entirely separate from any criminal prosecution. Lyft can be held civilly liable even if no criminal charges were filed or the driver was acquitted.
How long do I have to file a lawsuit?
The statute of limitations depends on the circumstances of your case and your age at the time of the assault. An attorney can review your situation confidentially and help you understand your options before any deadline passes.
Is my conversation with Banville Law confidential?
Yes — attorney-client privilege protects everything you share with Banville Law. You can speak openly, at your pace, with no obligation to proceed. You decide next steps.
Does the arbitration clause in Lyft's terms of service stop me from suing?
Not for sexual assault. A 2022 federal law — the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act — lets survivors void a pre-dispute arbitration clause and bring the claim in open court instead. So the fine print you agreed to when you signed up for the app generally cannot force your case into private arbitration.
Can I still sue if I already reported the driver through the app or accepted a refund?
Yes. Reporting the driver, contacting Lyft support, or accepting a ride credit or refund does not waive your right to file a civil lawsuit — and those steps can actually help document your claim. Be cautious, though, about signing any release or settlement paperwork Lyft offers before an attorney reviews it, since that is what could limit your rights.
Besides Lyft, who else can I hold responsible?
You can generally pursue the driver individually in addition to Lyft. Depending on the facts, other parties — for example, a separate company that owned or controlled the vehicle — may share responsibility as well. An attorney can identify every potentially liable party so no source of accountability is overlooked before deadlines pass.