There are many rideshare drivers working for Uber or Lyft in this state. The ridesharing business model has rapidly spread across the country, largely replacing traditional taxicab services. The increased number of rideshare drivers means accidents with rideshare vehicles or while operating a rideshare vehicle is more likely than ever.
If you sustained injuries in a rideshare collision, you should consider taking legal action as soon as possible. You could have a viable case for compensation, and the rideshare company’s insurance policy might cover your damages. Our skilled car accident attorneys have considerable experience with cases involving Uber/Lyft/rideshare accidents in New Jersey. We would be happy to explain how we can help you.
After an accident involving a rideshare vehicle, one of your first questions may be whether you can sue Uber or Lyft directly or are you limited to suing the driver only. The ride share businesses typically avoid liability by classifying their drivers as independent contractors rather than employees. This legal distinction makes it much harder to hold Uber or Lyft responsible for a driver’s negligence because the law generally prevents companies from being sued for independent contractors’ actions.
In some circumstances, the rideshare company itself may be directly liable. For example, if Uber or Lyft failed to conduct adequate background checks, ignored safety complaints, or engaged in negligent policies that contributed to your accident, a lawsuit against the company may be possible.
However, you can always sue the ride share driver for negligence and in most cases the company will provide enhanced insurance coverage depending on the status of the driver ie. is he transporting a passenger, travelling for a pickup or just waiting for a new assignment and logged into the app.
If you are a ride share driver injured in an accident you can sue the adverse driver for negligence and your ride share company may provide enhanced insurance coverage if the adverse drivers policy is not adequate to cover your injuries.
Speaking with one of our experienced New Jersey attorneys can help you understand whether Uber, Lyft, another rideshare company or another driver is directly responsible for the accident in which you sustained injuries.
You may have a viable insurance claim even if suing Uber or Lyft for your New Jersey rideshare crash is not an option. You may also have a viable claim if you were an rideshare driver injured in an accident with another vehicle.
The law in New Jersey requires these companies to provide their drivers with supplemental insurance, but the value of the policy can vary depending on the drivers status at the time of the crash. Our firm can investigate your crash to determine what coverage is available. The claim’s viability depends on whether the driver was on their own time when the crash happened or was working as a rideshare operator traveling for a pickup or with a passenger in the vehicle.
If the driver was not actively using the rideshare app at the time of the crash, the company has no obligation to cover your damages. You can still pursue legal action against the driver and file a claim against their individual liability insurance.
As soon as the driver turns on the app and begins looking for passengers, the rideshare company’s supplemental coverage kicks in. However, there are strict limits on what the policy will pay in this situation. Your coverage is capped at $50,000 per person for bodily injuries, $100,000 per accident, and $25,000 for property damage. There is no personal injury protection for passengers.
Drivers of ride share vehicles gain personal injury protection coverage of up to $250,000 for medical expenses and get underinsurance and uninsured motorist protection for the same amounts as noted above.
The highest tier of coverage is available as soon as the driver accepts a ride and remains in place until they drop off their passenger. In this situation, the rideshare company must offer at least $1.5 million in liability coverage and $1.5 million in uninsured motorist coverage. There is also a limited medical payment benefit of $10,000 offered to drivers and passengers to cover medical expenses. Personal injury protection is not available to either.
If you suffered injuries in a rideshare crash, it can be difficult to determine the best way to seek financial compensation. The good news is that you can get help. Our attorneys at the Law Office of Lloyd E. Bennett Esq., P.C., know how to handle cases involving Uber/Lyft/rideshare accidents in New Jersey. Contact our firm today for a private consultation.
(201) 330-8883