In most New Jersey car crashes, determining who should pay for the damages arising from an accident is relatively straightforward. New Jersey uses a form of “no-fault” car insurance that covers injuries but can leave open claims for other types of damages against a person who causes an accident.
However, a crash involving a rideshare vehicle, such as an Uber or Lyft, adds a layer of complexity, as the rideshare company’s insurance policy can come into play. Sorting out whose insurance should pay damages from rideshare accidents in Perth Amboy is where an attorney can help, and the car accident lawyers at Voto & Cavalli stand ready to aid in your recovery after a crash.
New Jersey requires different levels of coverage based on whether an accident involving an Uber or a Lyft happened during a ride. If the rideshare driver involved was logged into the app, then the company’s insurance must provide coverage for injuries sustained, in addition to a driver’s own personal insurance.
As required by New Jersey Statutes Annotated § 39:5H-10, rideshare companies must have insurance policies covering a swath of damages when their drivers are logged into the app, even if not on an active ride. Coverage amounts for an accident taking place when a driver is logged in include:
If an Uber or Lyft driver is active on the app but has not yet taken on a ride when an accident happens, the above coverage amounts apply in combination with the driver’s own insurance policy.
However, a driver’s personal insurance can choose not to cover accidents that can be covered by the rideshare company’s insurance under NJSA § 39:5H-12. Companies like Uber and Lyft still have coverage available, regardless of the driver’s policy, but there may be a dispute if a Perth Amboy motorist was in an accident where it was unclear if they had logged onto the rideshare app or not. Our personal injury attorneys could offer legal counsel to ensure you are properly covered.
As one might expect, if an accident that happens when a ride is active—meaning when a customer of the rideshare app is in the vehicle—the coverage requirements for the rideshare company’s insurance increase. When an accident occurs during an active ride, coverage includes:
The critical fact for determining the proper coverage level is whether a ride was active when an accident occurred. Did the driver properly log in and start the ride? Had the ride ended when the accident happened, or was the ride ended prematurely in the app?
A Perth Amboy attorney can clarify the answers to these questions by requesting data from the rideshare company and communicating with the insurance companies involved. They can also make sure that a rideshare-related accident is thoroughly investigated to support an injured person’s claim.
Often, car crash claims are sorted out and settled between insurance companies, but you may need to take legal action if there is a disagreement or certain damages are not covered. Working with an attorney familiar with Uber and Lyft accidents in Perth Amboy can help you clear up misconceptions and get on the right legal footing. Call Voto & Cavalli today for a free consultation on your rideshare accident case.
We will safeguard your privacy and reputation. View our privacy policy here.
Someone from our office will be in contact with you shortly after submitting this form.
If you need immediate assistance, please call 908.272.7300 for a free initial consultation