Rideshare services like Uber and Lyft are immensely popular because of the convenience they provide. While most end without incident, sometimes, accidents happen. Whether you are a passenger or driver involved in an Uber and Lyft accident, knowing how to recover compensation can be difficult.
Rideshare drivers are not employees of Uber and Lyft as we think of them in the traditional sense, but rather “independent contractors.” This legal status comes with additional rideshare insurance laws that make Uber and Lyft accident cases some of the most challenging to litigate. A lawsuit may be necessary, but Uber and Lyft are required to maintain insurance policies with a certain amount of coverage, and you can usually file claims with Uber and Lyft and with the rideshare driver’s private insurance.
If you or a loved one has been injured in an Uber and Lyft accident, Our Parsippany, NJ Uber and Lyft accident lawyers will fight for you to recover the compensation you deserve. Call The Carrion Law Firm at (718) 841-0083 for your free case assessment.
Common Causes of Uber and Lyft Accidents in Parsippany, NJ
Uber and Lyft accidents occur in the same typical ways that other car accidents happen. Depending on the type of Uber and Lyft accident, the rideshare driver, the other driver, or both could be negligent. The following are just a few of the most common causes of Uber and Lyft accidents in Parsippany, NJ:
- Speeding
- Drunk driving
- Tailgating
- Running red lights or stop signs
- Distracted driving
- Improper change of lanes
No matter what type of Uber and Lyft accident you were in, our Parsippany, NJ Uber and Lyft accident lawyers can help you craft the right legal strategy for your case.
How Rideshare Insurance Laws Impact Your Parsippany, NJ Uber and Lyft Accident Claim
The Transportation Network Company (TNC) Safety and Regulatory Act requires rideshare companies like Uber and Lyft and their drivers to maintain insurance coverage for rideshare accidents in New Jersey. When Uber and Lyft accidents occur in Parsippany, several insurance companies are involved. The insurance policies that apply in your Uber and Lyft accident case will depend on the facts of your case and if the rideshare driver was on duty at the time of the accident. Our Parsippany, NJ Uber and Lyft accident lawyers will help you file the right insurance claims so that no time is wasted in processing your recovery.
Uber and Lyft Insurance
If an Uber or Lyft driver was en route to get a passenger, already has a passenger, or you were the passenger when the accident happened, you will be able to file a claim with Uber or Lyft’s insurance for economic damages like medical expenses or property damage. Uber and Lyft are required to carry at least $1.5 million in insurance coverage for bodily injury.
Drivers can also be considered “in service” when they have logged onto the Uber or Lyft app but do not have a passenger and have not accepted any pickups. For Uber and Lyft accidents while the driver is in service, you will need to file your insurance claim with the rideshare driver’s insurance. If the rideshare driver’s insurance is unable to cover the total costs of your claim, Uber and Lyft maintain supplemental insurance that will cover up to an additional $50,000.
Rideshare Driver Insurance
New Jersey rideshare drivers are required to carry commercial or rideshare insurance, which will typically cover higher damages than regular car insurance. In cases where a rideshare driver has not logged on to the Uber or Lyft app and is only using their car for personal use, you can file your accident claim with the rideshare driver’s private insurance. Uber and Lyft’s insurance does not apply.
Another Driver’s Insurance
If you were the passenger in another driver’s car and injured in an accident, the driver’s insurance will compensate you with benefits provided from the driver’s personal injury protection (PIP). Similarly, if you were injured by another driver while taking an Uber or Lyft, the rideshare driver’s PIP would compensate you, regardless of who caused the accident. In cases where Uber and Lyft’s insurance applies, that might cover even if another driver was at fault. For accidents caused by another driver that involve serious injuries, you might be able to file a third-party insurance claim against the at-fault driver’s liability insurance, if they have liability insurance.
No-Fault Laws and Your Right to Sue in Parsippany, NJ
Filing a claim with one of the insurance companies after your Uber or Lyft accident may not provide enough to fully compensate you. When that happens, it may be necessary to file a lawsuit to recover what you are owed. However, New Jersey’s no-fault laws can significantly limit your ability to sue for additional damages depending on the type of car insurance you carry.
If you were driving when injured in an Uber or Lyft accident and opted for a basic insurance policy, NJ’s no-fault laws will typically prevent you from filing a lawsuit. Your economic damages will be paid by your insurance up to the policy limits, regardless of fault, but this could be supplemented with any compensation you might receive from Uber or Lyft. You will need to show that you suffered a serious injury to bring a lawsuit for non-economic damages like pain and suffering. If you opted for an unlimited right to sue on your insurance policy, there are no restrictions on your ability to bring an Uber and Lyft accident lawsuit.
Keep in mind, however, that the no-fault rules do not apply to Uber and Lyft accidents where the driver has a passenger or is picking one up. New Jersey’s no-fault laws do not apply to transportation networks, so there is no limit on your right to file a claim against Uber or Lyft’s insurance, when available. Our Parsippany, NJ Uber and Lyft accident lawyers can help you understand what rights your insurance coverage gives you.
Statute of Limitations to File an Uber and Lyft Accident Lawsuit in Parsippany, NJ
The statute of limitations is the deadline to file your Uber and Lyft accident lawsuit. You have two years from the date of the accident to file your claim, otherwise, your case will be dismissed. The only major exception is for children under 18. A claim for a child injured in an Uber or Lyft accident may be filed on their behalf any time before they turn 18, with an additional two years after their 18th birthday for the child to file themselves. Nonetheless, you should not wait to consult with one of our Parsippany, NJ Uber and Lyft accident lawyers.
Our Parsippany, NJ Uber and Lyft Accident Lawyers are Here for You
If you have been injured in an Uber or Lyft accident, our knowledgeable Parsippany, NJ Uber and Lyft accident lawyers are ready to help. Call The Carrion Law Firm today at (718) 841-0083 for a free case review.