When you step into an Uber or Lyft, you are trusting the company to have screened the driver. New Jersey law spells out what that screening must include and which drivers are disqualified. When a company lets a driver through who never should have been on the app, and someone gets hurt, the company may be responsible for its own negligence.

What New Jersey requires before someone can drive

  • An application with the driver's address, age, Social Security number, driver's license, registration and auto insurance (N.J.S.A. 39:5H-16).
  • A criminal background check approved by the Attorney General that includes a multi-state criminal records database and the U.S. Department of Justice's national sex offender website, or a State Police fingerprint check (N.J.S.A. 39:5H-17).
  • A driving record check covering violations and license status (N.J.S.A. 39:5H-18).
  • A Social Security number trace identifying the applicant's addresses for at least seven years (N.J.S.A. 39:5H-19).
  • A vehicle inspection meeting New Jersey's inspection requirements (N.J.S.A. 39:5H-22).

Who is disqualified

Under N.J.S.A. 39:5H-20, a person may not drive for a rideshare company if they:

  • Were convicted of listed crimes, including aggravated assault, arson, burglary, homicide, kidnapping, robbery, sexual assault, endangering the welfare of a child, certain weapons crimes and certain drug distribution crimes, unless they hold a valid certificate of rehabilitation
  • Have more than three moving violations in the past three years
  • Have, in the past three years, a DUI, eluding, reckless driving, or driving on a suspended or revoked license
  • Appear on the national sex offender website
  • Don't have a valid license, registration or insurance
  • Are under 21

Ongoing duties

Screening isn't a one-time event. The companies must enforce a zero tolerance policy on drugs and alcohol and, when a rider's complaint is corroborated, cut off the driver's access within 72 hours (N.J.S.A. 39:5H-14). They must also take steps to stop unauthorized people from driving on someone else's account, including procedures for complaints that the driver doesn't match the photo (N.J.S.A. 39:5H-21).

Negligent hiring and retention claims

New Jersey recognizes claims against a company that negligently hires or keeps someone it knew, or should have known, posed a danger to others, where that danger leads to injury. In the rideshare context, these claims ask questions like:

  • Did the background check reveal a disqualifying conviction or driving record?
  • Were there earlier rider complaints about the driver's driving, impairment or behavior?
  • Was the person driving actually the account holder?

In Y.H. v. T.C., 475 N.J. Super. 107 (App. Div. 2023), a published New Jersey decision, a rider pursued a negligent hiring claim against Uber over a driver whose record included an aggravated assault conviction that had later been expunged. The appeal addressed whether the expunged record could be used to prove that claim, a question the rideshare statute itself doesn't answer. The case shows how these claims depend on exactly what the company knew, and when.

Why this matters for your case

A negligent screening claim is a direct claim against the company, separate from the driver's liability. It can matter when the harm goes beyond a crash, such as an assault, or when the company's own conduct is part of the story. Assault by a rideshare driver. When you can sue the company.

The records that prove these claims are in the company's hands. New Jersey requires the companies to keep driver records, including background check materials, for at least five years after the driver leaves the platform (N.J.S.A. 39:5H-25). Preserving rideshare evidence.

See our Uber and Lyft accidents and negligent security pages.