In a New York rideshare accident, liability falls on the party who caused the crash. However, which insurance policy applies—the driver’s personal policy, Uber/Lyft’s limited liability policy, or the company’s full $1.25 million commercial policy—depends entirely on the driver’s status in the app at the moment of impact.
If you have a question about what happened in your accident at JFK or LaGuardia, call us at (516) 399-2364.
This is the core of your claim. The driver’s exact status at the moment of the crash dictates which insurance policy is responsible for your damages. We will investigate digital records from the rideshare company, witness statements, and airport surveillance footage to establish the facts.
If the rideshare driver was not logged into the Uber or Lyft app at the time of the collision, they are considered just an ordinary motorist. For example, they may have just dropped off a passenger and logged out to take a break or head home.
This is the “waiting” period, sometimes called Period 1. The driver is available for hire but has not yet accepted a trip. This commonly includes drivers circling the cell phone lots at JFK or waiting in the designated rideshare pickup areas at LaGuardia before being matched with a passenger.
This period begins the moment the driver accepts your ride request in the app and ends only when you exit the vehicle at your destination. It covers the entire trip, from the driver en route to pick you up to the moment you are dropped off at the airport terminal.
In some crashes, the rideshare driver isn’t the only one at fault.
If a taxi, delivery truck, shuttle bus, or another passenger vehicle caused the crash that injured you, their insurance policy would be the primary source of compensation. We would file a claim against that driver’s insurance first. If their coverage is insufficient to cover all of your damages, we would then look to the applicable Uber/Lyft policy for underinsured motorist coverage to make up the difference.
The Port Authority of New York and New Jersey manages and operates both JFK and LaGuardia airports. As such, they are responsible for maintaining safe roadways, clear signage, and proper traffic flow. A claim might be brought against the Port Authority if the accident was caused by factors such as:
Note: Claims against government entities like the Port Authority have much shorter deadlines and very specific notification requirements. In many cases, you have only 90 days to file a formal Notice of Claim, and the statute of limitations to file a lawsuit is shortened to one year. Missing this initial deadline prevents you from ever recovering compensation from that entity.
If a defective vehicle part—like faulty brakes, a tire blowout, or a steering system failure—caused the accident, the vehicle manufacturer or a mechanic who performed faulty repairs could be held liable. This would involve a product liability claim, which requires a different type of evidence, typically including analysis from engineering and mechanical specialists to prove the defect was the direct cause of the crash.
No, for the purposes of a personal injury claim, the process is identical. Both companies are classified as Transportation Network Companies (TNCs) and are governed by the same New York State laws. They are required to carry the same minimum insurance coverage, so the legal framework for pursuing a claim is the same regardless of which service you used.
New York is a “pure comparative negligence” state. This means that even if you are found partially at fault for the accident, you still recover damages. Your final compensation award will simply be reduced by your percentage of fault. For example, if you were found to be 10% at fault, your total award would be reduced by 10%. We will work to gather all available evidence to ensure no amount of blame is unjustly placed on you.
For most personal injury cases in New York, you have three years from the date of the accident to file a lawsuit. However, this deadline is much shorter in certain situations. As mentioned earlier, if a government entity like the Port Authority is involved, you must file a Notice of Claim within 90 days of the incident, and the lawsuit itself must typically be filed within one year and 90 days. It is always best to act quickly to preserve your rights.
We handle cases for people hurt in accidents in Queens and throughout the New York City area. We are familiar with the roads, the courts, and the challenges people face after a serious crash at JFK or LaGuardia.
If you’re ready to discuss your situation, call Tucker Lawyers PC for a free consultation at (516) 399-2364.