Does the Black Car Fund Cover Me on a Street Hail?

No. The Black Car Fund (BCF) pays workers' compensation only for injuries on a job dispatched by one of its Member Bases. Its FAQ says it directly: "Street hails" are not covered. A job from a base that is not a member, such as a livery base, is not covered either, even if your car is also affiliated with Uber, Lyft or another member base.

This is general information, not legal or insurance advice. For your own case, talk to the BCF Claims Team or a workers' comp lawyer.

What the Black Car Fund actually covers

The BCF FAQ explains that the Fund is a not-for-profit workers' comp insurer created by state law in 1999, and that "for the purposes of Workers' Compensation, The Black Car Fund is your employer." It covers drivers "affiliated with Member Bases" for injuries "while on the job for a Member Base."

On drivers who work for more than one company, the FAQ says:

Overall, you are covered for an injury that occurred on a job while dispatched by ANY Member Base of The Fund. "Street hails" are not covered.

And:

To be clear, even if you are affiliated with a Member Base of The Fund, but are dispatched by a base that is NOT a member (such as a livery base), you will not be covered for any injuries that occur while on that job.

Check your situation

Why street hails are left out

Two reasons work together:

1. The Fund follows the dispatch. Bases, not drivers, are the BCF members. Black car bases, luxury limousine bases and high-volume companies such as Uber and Lyft must join (a black car or limousine base that owns half or more of the cars it dispatches is exempt), and members must "bill and collect the surcharge established by the Black Car Fund" on every trip dispatched (TLC rule 59B-12(b)). A hail is not dispatched, so no member base stands behind it.
2. FHVs can't take hails anyway. TLC rule 80-19(c)(1) says an FHV driver must not pick up passengers "other than by prearrangement through a licensed Base." A street hail in an FHV is a violation that starts at $200–$350, or $500 in Manhattan below East 96th and West 110th Street and at the airports (80-19(c)(2)).

If you work for several bases

Many drivers keep one car on Uber or Lyft and also take jobs from other bases. The BCF FAQ's rule is per job:

• Member Base dispatch: covered for a work injury.
• Non-member base dispatch: not covered by BCF, even if your car is affiliated with a member base.
• All your bases are members: "you're always covered while working."

Livery bases have a different system. Under rule 59B-12(a), every livery base must either be a member of the Livery Fund or carry workers' comp insurance for all drivers it dispatches. The state's Independent Livery Driver Benefit Fund covers serious injuries and crimes against drivers dispatched by qualifying independent livery bases. Ask your livery base which one it uses before you need it.

What to do next

• Check the list. The BCF's Member Base list shows which bases are members.
• Enroll in Drivers Benefits now. The FAQ says accident disability and critical illness insurance only apply if you enroll before an injury or illness. It is free for eligible drivers.
• If you were hurt on a member-base job: call authorities, notify the dispatching base, then report to the BCF through its app or at 212-269-4800. Our BCF claim guide walks through it.
• Car damage is separate. BCF doesn't pay for vehicle damage; see does the Black Car Fund pay for car damage.

Related: am I covered by the Black Car Fund, do yellow taxi drivers get BCF benefits, how much BCF workers' comp pays, member base, livery, can I drive while on workers' comp and the rights topic.