Uber and Lyft provide convenient travel options for many people in Elizabeth today. But when Uber and Lyft accidents occur, getting compensation for your injuries can be a difficult process. A skilled Elizabeth Uber and Lyft accident lawyer can help navigate the complex insurance claims process and with filing a lawsuit, if necessary.
The first place your Elizabeth Uber and Lyft accident lawyers will likely seek compensation for your Uber and Lyft accident injuries is from the insurance companies for the parties involved, including your own. Whether you will be able to file a claim with Uber or Lyft’s insurance depends on the facts of your case and whether your rideshare driver was “in service” at the time. If insurance is not enough and a lawsuit is deemed necessary, there are crucial deadlines that must be observed or it will mean the end of your Elizabeth Uber and Lyft accident lawsuit before it begins.
If you have been injured in an Uber or Lyft accident, our Elizabeth Uber and Lyft accident lawyers are here to assist you. For a free case evaluation, call The Carrion Law Firm today at (718) 841-0083.
Filing Insurance Claims in Elizabeth, NJ Uber and Lyft Accident Cases
You may be able to file several insurance claims depending on how your Elizabeth Uber and Lyft accident occurred. Rideshare companies like Uber and Lyft are required by the Transportation Network Company (TNC) Safety and Regulatory Act to carry insurance coverage for rideshare accidents that happen in Elizabeth. The Act also requires rideshare drivers to have additional insurance coverage for any potential accident they cause while in service. Our Elizabeth Uber and Lyft accident lawyers can help you determine whose insurance policies will apply to your Uber and Lyft accident case.
Rideshare Drivers
Elizabeth rideshare drivers must carry rideshare or commercial insurance, which will usually cover much of your damages. For a driver to be able to apply their rideshare insurance, they must have been working as a rideshare driver at the time of the accident. This means that they need to have been logged into their driver app and looking for passengers at the time of the accident. You may still file a claim with Uber or Lyft driver’s private car insurance if the driver was not in service at the time of the accident and simply driving their car for personal use.
If your Uber or Lyft driver’s insurance is not enough to cover your costs, Uber and Lyft provide supplemental insurance to cover up to an additional $50,000 while they are logged into the driving app and looking for passengers.
Uber and Lyft
Uber and Lyft cannot be held liable for their driver’s negligence since rideshare drivers are considered “independent contractors” rather than employees of Uber and Lyft. However, the TNC Regulatory Act requires Uber and Lyft to carry at least $1.5 million in insurance coverage for bodily injury damages that riders or drivers suffer in certain crashes.
For this insurance to apply, an Uber or Lyft driver must have a rider or be on their way to a pickup. If you were injured because of an in-service Uber or Lyft driver’s negligence, you can file a claim with Uber or Lyft’s insurance to seek compensation for the costs associated with your bodily injury.
Accidents Involving Other Drivers
If your Uber and Lyft accident involved another driver and your rideshare driver, either the other driver’s or rideshare driver’s insurance will need to compensate you for your injuries. If you were injured by another driver while taking an Uber or Lyft, the rideshare driver’s insurance should compensate you with benefits provided by the driver’s personal injury protection (PIP) benefits. Similarly, if you were a passenger in another driver’s car and injured in an accident, that driver’s PIP would compensate you, regardless of who caused the accident.
Time Limit to File an Uber and Lyft Accident Claim
The deadline to file your Elizabeth Uber and Lyft accident lawsuit is known as the statute of limitations. In Elizabeth, you will have two years from the date of the accident to file your Uber and Lyft accident claim with the court. The deadline to file is strict. Uber and Lyft accident claims filed after the statute of limitations passes will be dismissed, ending your lawsuit completely.
The only exception to this rule is if a minor child is injured. If your child has been injured in an Uber or Lyft accident, the deadline to file their claim is two years from their 18th birthday, or their parent or guardian may file on their child’s behalf at any time before the child turns 18.
Do not let missing an important deadline negatively impact your Uber and Lyft accident lawsuit. Our knowledgeable Elizabeth Uber and Lyft accident lawyers will work with you to help make sure the correct steps for your case are taken in time.
How New Jersey No-Fault Laws Impact Your Elizabeth, NJ Uber and Lyft Accident Lawsuit
Filing an Uber and Lyft accident lawsuit is not the most straightforward process due to New Jersey’s no-fault laws. After a car accident, no-fault laws require that your bodily damage injuries be paid from either your own insurance’s personal injury protection (PIP) coverage if you were driving or another driver’s PIP benefits if you were the passenger in the accident, regardless of who was at fault. If PIP is insufficient to cover your damages, you should consult with an Uber and Lyft accident lawyer to determine if your insurance allows you to file a lawsuit to cover the additional damages. Depending on the type of car insurance you carry, no-fault laws could limit your ability to bring a lawsuit for an Uber and Lyft accident.
If your Uber or Lyft rideshare driver was not on active duty at the time of the accident and you possess only basic insurance, you will not be able to file a lawsuit unless you can show that you suffered a serious injury in the accident. Proving a serious injury can be difficult, but our Elizabeth Uber and Lyft accident lawyers can help you gather the evidence needed to show the extent of your injuries.
The good news, however, is that New Jersey’s no-fault laws do not apply to Uber and Lyft accidents where the driver is in service. No-fault laws do not apply to transportation networks like Uber and Lyft, so there is no threshold to meet to bring an Uber and Lyft accident lawsuit if it is the rideshare company itself that you are bringing your lawsuit against. Our Elizabeth Uber and Lyft accident lawyers can help you understand how your insurance impacts what options are available to you.
Our Elizabeth, NJ Uber and Lyft Accident Lawyers Can Help
If you or a loved one has been injured in an Elizabeth, NJ Uber or Lyft accident, our Elizabeth Uber and Lyft accident lawyers can help you understand your rights to get the compensation you deserve. Contact The Carrion Law Firm today at (718) 841-0083 for a free case review.