Victims of Uber and Lyft accidents are often left wondering how they might recover compensation for their injuries. Getting compensation is challenging. The added dimension of an accident involving an Uber or Lyft rideshare car makes filing insurance claims a complex process.
Hiring an Uber and Lyft accident lawyer could be your best option to maximize your compensation. Negotiating with insurance companies can be extremely frustrating and a small mistake in the insurance claims process could lead to you being denied benefits. Insurance adjusters are not always cooperative, stalling or preventing you from compensation.
If you or a loved one has been injured in a Denville Uber and Lyft accident, our skilled Denville Uber and Lyft accident lawyers can help you determine which paths to compensation are available to you. Contact The Carrion Law Firm today at (718) 841-0083 for a free case review.
Determining Fault in Uber and Lyft Accidents in Denville, NJ
There are generally several parties involved in an Uber and Lyft accident and more than one party could be liable for your injuries. Whether you were a passenger, driver, or pedestrian in the accident, you might be entitled to file claims against multiple parties.
The following are the parties that your Denville Uber and Lyft accident lawyer can help you file insurance claims against to recover damages for your injuries.
Uber and Lyft
Unlike most companies, Uber and Lyft drivers are not considered traditional employees of Uber and Lyft but independent contractors. Independent contractor status means that Uber and Lyft cannot be held liable for their driver’s negligence and so cannot usually be sued in these cases. However, Uber and Lyft could potentially be held liable for knowingly keeping a dangerous driver employed or negligent when hiring a driver, but these cases are rare.
However, there is some relief available through Uber and Lyft. In many cases, you could still file an insurance claim against Uber and Lyft’s insurance. New Jersey law requires Uber and Lyft to carry at least $1.5 million in insurance coverage for bodily injury damages and contingent insurance that will cover up to an additional $50,000 if your Uber or Lyft driver’s insurance is not enough to cover your expenses.
The Uber or Lyft Driver
In the majority of Uber and Lyft accident cases, you will file an insurance claim against the rideshare driver with their insurance. Uber and Lyft drivers are required to carry rideshare insurance in addition to private car insurance. Which type of insurance you will file a claim with will depend on the operational status of the Uber or Lyft driver. There are three modes that an Uber or Lyft driver can be in:
- In service with a passenger
- In service without a passenger
- Off duty
If you are injured in an accident involving an Uber or Lyft driver with a passenger, you can file a claim for benefits with both the driver’s rideshare insurance and Uber or Lyft’s insurance. When an Uber or Lyft driver is logged onto the app and waiting for a ride, also known as “deadheading,” or en route to pick up a passenger when an accident occurs, you can file a claim with the driver’s rideshare insurance and Uber or Lyft’s contingent insurance will cover up to $50,000 of expenses that the rideshare insurance could not. If the Uber or Lyft driver is off duty at the time of the accident, you can still file an insurance claim with their private car insurance.
Another Driver
You could also be injured as either an Uber or Lyft passenger or the other driver in an accident. Every driver is required to carry their own PIP insurance to cover their own injuries and the injuries to passengers in their cars. Depending on how severe the accident was, you may also be able to file a third-party claim against the at-fault driver’s liability insurance. In any case involving an Uber or Lyft driver with a passenger in their car, the Uber or Lyft insurance should still kick in, potentially meaning you will not need to file a claim against another driver. Consult with your Denville Uber and Lyft accident lawyers for more information about your specific case.
Damages for a Denville, NJ Uber and Lyft Accident
There are many types of damages potentially available to you after being injured in an Uber and Lyft accident. Damages can be both economic and non-economic, but the type of insurance you carry will impact what kinds of damages you are entitled to recover.
New Jersey is a no-fault insurance state, which directs insurance companies to compensate victims of a car accident for medical expenses and lost wages. These damages are paid from the victim’s own car insurance regardless of fault. For instance, if you were a driver involved in an Uber and Lyft accident, your personal injury protection (PIP) benefits would cover your medical costs and lost wages. However, if you were an Uber or Lyft passenger in the accident, your rideshare driver’s PIP insurance should cover your economic expenses.
You might have more than just economic damages from your injuries, though. Unfortunately, PIP benefits do not cover non-economic damages like pain and suffering and other emotional damages. In some cases, it could be necessary to file a lawsuit to recover these additional damages. If you only carry basic car insurance, though, you will be prevented from filing a lawsuit unless you can show that you suffered a serious injury in the accident, which is challenging. Our Denville Uber and Lyft accident lawyers can help you determine what compensation options are available to you.
Call Our Experienced Denville, NJ Uber and Lyft Accident Lawyers for Help Today
If you were injured in an accident involving an Uber or Lyft driver, our Denville Uber and Lyft accident lawyers are ready to provide you with your free case evaluation. Call The Carrion Law Firm at (718) 841-0083.