What Makes Uber & Lyft Accidents Challenging to Investigate

Firm News • April 3, 2023

Rideshare services like Uber and Lyft are vastly utilized options for travel in New Jersey, providing transportation to destinations throughout the city. But if you are involved in an accident while using Uber or Lyft services, understanding how your claim is handled and who is responsible can be particularly challenging.

Reaching out to an Uber and Lyft accident attorney with the skill to help you navigate the legal system and receive fair compensation for your injuries is one of the most important steps you can take. An understanding of complex insurance and legal systems in New Jersey by a knowledgeable team works in your favor.

Auto Accident Liability in New Jersey

New Jersey’s rule for auto accident liability is “no-fault,” meaning that injured passengers will generally seek their own PIP insurance coverage initially before recovering compensation from the other involved party. Additionally, the injured party’s ability to recover compensation depends on their insurance coverage, whether there are verbal thresholds or no limitations on lawsuit policies in place.

Verbal thresholds limit the amount in damages an individual can recover through a lawsuit if injured in an accident. These thresholds or limits explicitly determine compensation for pain and suffering. These limitations aimed to provide less expensive coverage for New Jersey drivers.

Policies that place no limitations on lawsuits are more expensive but place no limits on your option to sue someone for the pain and suffering caused by any injury.

Laws Involving Claims Against Uber & Lyft Services in New Jersey

The laws change if you are injured in an accident involving a rideshare service while the driver is logged into the app, has accepted the ride request, and is in the process of transporting you. In this case, you can file claims against the rideshare driver and the rideshare platform, such as Uber or Lyft, directly for your injuries. Verbal threshold limitations do not apply for the types of injuries covered when you seek compensation.

Ridesharing services are required to carry at least $1,500,000 in insurance coverage for property damage, bodily injury, and death, allowing significantly better options for recovery for those injured in accidents involving ridesharing services compared to other automobile accidents.

Uber and Lyft Accident Challenges Grow in New Jersey

Who is responsible for your injury claims can be more difficult to determine if your rideshare driver has logged into the app but has not accepted the rideshare request before your transportation begins. Insurance coverage amounts vary depending on whether or not the rideshare driver is logged in to the app and actively involved in transporting a passenger. Seeking the help of an experienced Uber or Lyft attorney can better serve you when complicated insurance laws apply.

If another vehicle is involved in the accident and the driver is at fault, a claim may be filed with the at-fault driver’s insurance company. The importance of exchanging information at the scene of an accident is paramount when the potential for confusion grows over liability.

The cost of medical treatments can often exceed the limits of coverage. Determining the liable insurance company is complicated, but additional claims may be filed to cover the expenses of your accident. With proper guidance from experienced attorneys, your claims will be filed with the correct insurance provider.

Documenting New Jersey Automobile Accidents

When you are in an accident while using an Uber or Lyft service in New Jersey, there is necessary documentation you should acquire before leaving the accident scene. This information will ensure you can contact the individuals and the companies responsible for your claim.

  • Personal Information: Requesting the name, address, phone number, and insurance information from all involved parties enables you to make contact more easily.
  • Police Report: Notes and observations of the reporting officer are included in this report and compiled for an official crash report. Request the name of the officer taking the information, their badge number, and the agency they report to.
  • Witness Information: Personal information from any witnesses willing to speak on behalf of what they witnessed at the time of the accident is crucial to a case.
  • Visual documentation: Take pictures of the vehicles involved in the accident and any visible injuries you suffer.

Damages and Injuries

You are entitled to compensation for the damages and injuries incurred from the automobile accident. Physical injury and stress can make it difficult to recall all the losses you suffer from an accident. A New Jersey lawyer knowledgeable about Uber and Lyft accident laws can best determine what compensation you are entitled to.

  • Crash-related medical expenses
  • Compensation for lost wages
  • Pain and suffering
  • Punitive damages

Representation by an Uber and Lyft Accident Attorney

Rideshare platforms such as Uber and Lyft have gone to great lengths to establish their drivers as independent contractors. Even though the state of New Jersey disagrees with this classification and recently won a settlement against Uber for misclassifying its drivers as independent contractors, insurance companies may have a different approach to this classification, therefore, changing who you can seek compensation from for a claim.

With the burden of responsibility becoming more difficult to prove when accidents occur involving rideshare platforms like Uber and Lyft and with no-fault state laws in place, it is imperative to have an experienced team on your side. Brady Reilly & Cardoso, LLC has over 50 years of experience serving the victims of automobile accidents.

We offer guidance for victims feeling overwhelmed and confused by insurance laws. We understand how rideshare laws apply to your claim and have secured millions of dollars for our clients. Rideshare companies have spared no expense for legal representation. Let us provide the legal representation you deserve.