NJ Rideshare Attorneys for Victims of Uber and Lyft Accidents

Why Rideshare Accidents Are Different from Regular Car Crashes

Any passenger in a car or truck can be the victim of a motor vehicle accident. This includes rideshare services like Uber and Lyft.

The main differentiating factor between regular car crashes and rideshare accidents is the multi-layered insurance aspect and multiple parties involved in Uber, Lyft, and other ride-hailing companies. In addition to the personal insurance of the driver and passenger, rideshare accidents under NJ law it also involves commercial liability coverage from the company.

Legal & Insurance Landscape for Uber/Lyft in New Jersey

A legal or insurance claim against Uber or Lyft is different than suing a small mom & pop car service. Rideshare companies are large corporations with big legal teams and insurance experts who are often aggressive in defending against personal injury claims, claiming they are only a technology company and drivers are independent contractors.

The State of New Jersey requires Uber/Lyft drivers to carry personal liability/auto insurance on their vehicles. If the app was offline when the accident occurred, the driver’s personal insurance applies.

However, New Jersey’s rideshare law also requires companies to carry two tiers of liability insurance:

• Limited liability coverage for when the app is on but the driver has not accepted a ride (up to $50,000 per person, $100,000 per accident, and $25,000 for property damage)
• Comprehensive commercial rideshare insurance of up to $1.5 million for active rides or passenger pickups. This is higher than a typical personal auto insurance policy, covers liability and uninsured/underinsured motorist claims, and gives injured parties access to appropriate compensation in a personal injury lawsuit.
• In New Jersey, there is also the matter of the passenger’s personal injury policy (PIP), which is the first policy to kick in to cover medical expenses (more on this below).

NJ No-Fault Insurance

New Jersey is a no-fault insurance state; that means that the passenger’s personal injury protection (PIP) insurance is the first to be tapped to cover medical expenses, regardless of who is at fault. If your expenses exceed the PIP coverage or the driver’s personal policy lacks PIP, Uber or Lyft’s rideshare insurance is there to cover that expense gap.

New Jersey is also a comparative fault state. This means that multiple parties can share liability for causing a motor vehicle accident. An experienced rideshare accident lawyer can help you navigate these complexities.

Legal Protection for Passengers

As far as legal protection, a passenger is considered a third party in an Uber/Lyft accident. This protects the passenger against liability and gives them the right to make a claim against the rideshare insurance carrier.

Who May Be Liable After an Uber/Lyft Accident

As with any motor vehicle accident, determining which party is liable for a passenger’s injury in an Uber or Lyft accident is at the heart of a personal injury claim due to a rideshare accident.

Driver and Third-Party Liability

Uber and Lyft rides involve numerous pickups and drop-offs, which expose the drivers and passengers to more opportunities for accidents involving other vehicles. And many rideshare drivers operate in congested urban areas where more collisions could occur due to stop-and-go or high-density traffic.

Another factor is driver error (such as failure to signal a turn or running a red light), as well as distracted driving among rideshare drivers who frequently check their phones for ride requests or communicate with passengers.

• Company Liability

If the rideshare company did not properly screen the driver, it could be held liable for the accident due to negligence. Failure to comply with NJ state insurance laws may also be a liability issue.

• Other Factors

Environmental conditions, road hazards or defects, and in some cases, passenger activity could be the cause of the Uber/Lyft accident.

Common Types of Injuries in Rideshare Accidents

Common injuries in rideshare accidents range from minor soft tissue injuries (cuts, bruises and sprains) to more serious injuries such as broken bones, skull fractures and traumatic brain injuries, damage to internal organs, and spinal cord injuries. These can occur from side-impact collisions, rear-end collisions, and multi-vehicle accidents.

What You Should Do Immediately After an Uber/Lyft Accident

Uber and Lyft provide instructions for drivers and riders who were involved in a car crash. Drivers are instructed to contact police and paramedics if there are injuries or damage and to report the accident to the company’s claims support team. The company’s insurance adjuster will then investigate to see if compensation to the passenger is warranted.

To protect your rights, it is crucial that you also report the event immediately via the rideshare app, especially if you suffered an injury of any kind. Immediately after an Uber/Lyft accident:

• Take a screenshot of the app with all the trip information (driver’s name, photo, license plate number, trip timeline).
• Save your trip receipt as proof you were a passenger when the crash occurred.
• Take photos of the vehicles involved, damage, road conditions, and your injuries.
• Get witness information (name, contact information) if available.
• Note any personal injury suffered and note accident details in case there is negligence to prove in a lawsuit. A rideshare accident lawyer will need access to medical records if you seek medical attention, and police report file numbers.

When to Contact a Rideshare Accident Lawyer

Insurance companies often offer low settlements or can use your statements against you. Therefore, we recommend you contact a rideshare accident lawyer immediately after receiving medical attention for your injuries (even if they are mild) and before speaking to an insurance adjuster. The rideshare accident lawyer will ensure your side of the story is told accurately, evidence is collected and preserved properly, avoid insurance company lowball tactics, and manage the complexity of multiple parties’ claims.

Questions to Ask Before Hiring a Rideshare Lawyer in NJ

Rideshare accidents are personal injury events. As with any personal injury lawsuit, you want to make sure you are hiring a rideshare lawyer in NJ with the experience and knowledge to handle your case and achieve the best possible outcome for you.

What to Expect from the Legal Process

The legal process for a rideshare lawsuit runs from initial attorney consultation through settlement, as follows:

1 – Consultation. During the attorney consultation, a rideshare accident lawyer will evaluate the details and advise you of next steps.

2 – Investigation. The lawyer will then conduct a thorough investigation and gather all relevant evidence in preparation for the lawsuit.

3 – Complaint filed. A formal complaint outlining the allegations against the driver and amount of compensation sought is drafted and submitted to the court.

4 – Defendant served. The rideshare driver is formally notified and made aware of the lawsuit in what’s called service of process.

5 – Discovery. The parties exchange relevant information and evidence, such as document requests, depositions, and interrogatories (formal written questions used to gather evidence, identify witnesses, and establish facts).

6 – Negotiation & settlement. This phase is meant to work out a fair settlement for you. Many rideshare lawsuits are settled out of court in this manner.

7 – Trial & verdict. The case (before a judge or a jury) will go to trial if a settlement cannot be reached out of court. The judge or jury will hand down a verdict and determine the compensation to be awarded (if at all).

How Compensation Is Calculated

Rideshare lawsuit settlements depend on the facts of the case and break down along economic and non-economic losses. Compensation is calculated based on the culpable party who caused the crash and the extent of personal injury in the present and its long-term effects. Factors include: the nature of your injuries, medical treatment and therapies received (or continue to receive and potential future surgeries, if applicable), out-of-pocket medical expenses, lost wages, loss of quality of life, and pain and suffering (emotional distress).

Contact an Experienced Attorney 

​For expert counsel after an Uber crash or Lyft crash in NJ, call our office at 973-267-5200 or fill out the form on our Contact page. The rideshare accident lawyers at Britcher, Leone & Sergio will review all the facts of your rideshare accident, explain New Jersey rideshare laws and how they affect your case, and help you get just compensation for your rideshare injury claim.