Being involved in a car accident in the State of New Jersey is stressful, and you will undoubtedly have many questions. The legal ramifications of a car accident can be confusing. However, a car accident with a rideshare driver is an entirely different animal. There is a litany of legal nuances involved in such an accident, and if you are injured, it is critical that you hire an attorney who has handled these cases before.
In New Jersey, insurance coverage for an accident involving an Uber or Lyft depends on the driver’s app status: offline (driver’s personal policy), logged in/waiting ($50k/$100k/$25k liability), or active trip ($1,500,000 liability policy). Injury claims must generally be filed within 2 years under N.J.S.A. 2A:14-2.
New Jersey Rideshare Insurance Tiers Explained
New Jersey regulates rideshare companies under the Transportation Network Company Safety and Regulatory Act. Under this law, New Jersey sets minimum insurance requirements based on the driver’s status at the time the accident occurs.
The app is off. When the driver is not logged into Uber or Lyft, they are simply a private motorist. The rideshare company provides no coverage at all, and only the driver’s personal auto insurance applies. If that driver runs a red light on their day off and hits you, your claim looks like an ordinary New Jersey car accident claim against their personal policy.
Logged in and waiting for a request. The moment a driver opens the app and becomes available, New Jersey requires primary liability coverage of at least $50,000 for death or bodily injury per person, $100,000 per accident, and $25,000 for property damage. Personal injury protection and uninsured/underinsured motorist coverage also apply.
On the way to pick you up and during your trip. Once the driver accepts a ride request and is heading to the pickup and continuing while a passenger is in the car, New Jersey requires the driver to carry at least $1,500,000 in combined liability coverage for death, bodily injury, and property damage, plus at least $10,000 in medical payments coverage per person per incident and $1,500,000 in uninsured/underinsured motorist coverage.
Because of the drastic difference in coverage available, especially in cases of serious bodily injury, one of the primary areas of dispute in a rideshare accident case is which period applies at the moment the crash occurred. Unfortunately, that question can only be answered by data contained in the app – and the rideshare company controls it.
Who Can File an Uber or Lyft Accident Claim in NJ?
You do not have to be the Uber or Lyft passenger to have a claim. New Jersey’s rideshare coverage is available to anyone involved in the accident, including:
- Passengers riding in the Uber or Lyft when the crash occurred.
- Occupants of other vehicles struck by a driver.
- Pedestrians and cyclists hit by a rideshare vehicle.
- The rideshare driver, who may have claims against an at-fault third party.
If your driver caused the crash while you were a passenger, the rideshare company’s policy will likely control. If another motorist caused the crash, you may pursue that driver’s insurance, with the rideshare’s uninsured/underinsured motorist coverage available if that driver has too little insurance or none at all.
New Jersey is also a no-fault state, which means Personal Injury Protection (PIP) pays for your initial medical treatment regardless of who caused the crash. For an injured passenger, PIP may come from their own auto policy, or from the coverage attached to the rideshare trip.
Step-by-Step Guide: What to Do After a Rideshare Collision
The initial moments following an accident can be traumatic, especially if you are injured. Despite this, it is vitally important to keep your wits about you and document everything you can about the accident, including:
- Call 911 and get a police report. The police report will be solid evidence about what happened in the accident.
- Screenshot everything in the app. Capture the trip details, the driver’s name, the vehicle, and the trip status and timestamps. This is your proof of which insurance period was active.
- Photograph the scene. Photograph vehicle positions, damage, license plates, road conditions, traffic signals, and any visible injuries.
- Get the driver’s information. This includes your driver’s and any other driver’s information, including their name, license, insurance, and license plate. Getting the contact information for any witnesses is also very important.
- Seek medical attention right away. Even if you feel okay, some injuries surface days later.
- Preserve your ride receipt and app history. Uber and Lyft email a trip summary; save it. Do not delete the trip.
Do not give a recorded statement or accept a quick settlement from any insurer before speaking with the Uber Lyft accident attorneys New Jersey at Kotlar Cohen. Early lowball offers are common in rideshare cases.
How Kotlar Cohen Handles Rideshare Cases
Contact (856) 751-7676 as soon as possible after an accident. Kotlar Cohen will evaluate your case and provide further valuable advice and guidance about how to maximize your recovery and give you the justice that you deserve. At Kotlar Cohen, we take a targeted approach to rideshare accident cases.
We move quickly to lock down the app data that establishes which insurance period was in effect. We identify every available policy, the driver’s personal coverage, the rideshare company’s coverage, PIP, and uninsured/underinsured motorist coverage, so no source of recovery is left on the table. We handle the rideshare companies’ insurers and defense teams directly, so you are not negotiating alone against an operation designed to minimize your claim. And we build the medical and economic record needed to pursue full compensation for medical bills, lost income, and pain and suffering.
Just as importantly, we protect your deadlines and your rights from day one, so a technicality never costs you the recovery you deserve. We distinguish ourselves from our competitors through our deep expertise in these types of claims. Don’t trust your claim to a law firm that treats rideshare claims the same as an ordinary fender bender.
Frequently Asked Questions (Rideshare Accidents in NJ)
What insurance covers an Uber or Lyft accident in New Jersey?
What if the Uber or Lyft driver was at fault?
Can I sue Uber or Lyft directly?
What do I do immediately after a rideshare accident?
How long do I have to file a rideshare accident claim in New Jersey?
Call Kotlar Cohen Today For Justice
Kotlar Cohen – We have been helping injured motorists with their New Jersey personal injury claims since 1995. We work tirelessly for our clients to ensure you receive medical care, financial compensation, and justice, regardless of an adjuster or insurance carrier’s claim denials.
The answer to the single most important question – whose insurance pays – can change depending on what the driver’s app was doing in the seconds before impact. Even if you do not think you have a legal claim or the accident was your fault, there are certain steps that you should take to preserve your legal rights. Liability in a rideshare accident attorney NJ is never clear-cut. Furthermore, many people make critical mistakes that end up affecting their right to bring a lawsuit.
Don’t be one of those people: If you are involved in a car accident, follow these guidelines and speak to a New Jersey car accident attorney at Kotlar Cohen immediately. Located in Mount Laurel, we have been serving Southern New Jersey since 1995. If you were injured in an auto accident, contact our law firm to schedule a free consultation or call us 24/7 at (856) 751-7676.