(908)402-4770With the growth of the rideshare industry, including companies such as Uber and Lyft, accidents are more prevalent than ever, especially in populated areas outside the New York City areas. In the event of a rideshare accident, injured parties should take the necessary steps they would in any type of motor vehicle accident. Namely, prioritize safety first. If there are injuries, immediately call 911 for help. Even if injuries seem minor, seeking medical treatment promptly is essential. Remember, minor injuries can become serious injuries without proper care.
Once safety is ensured, reporting the accident is crucial. If the police are not called, consider reporting it yourself. Document the name and badge number of the responding officer and the incident report number for future reference.
Collect contact information from everyone involved and any witnesses. Document the scene with photos of vehicle damage, injuries, and the overall accident scene. Report the accident to the rideshare company. Accident reporting forms are available on Uber and Lyft’s websites.
A rideshare company representative may contact you for a statement about the accident. However, if you have questions or if the accident seriously injured you, talk to a personal injury lawyer before you discuss the accident with a representative from the ride-share company.
Training and Liability of Rideshare Drivers
Unlike bus or commercial drivers, Uber and Lyft drivers do not undergo special safety training. However, rideshare companies track accidents and have policies to remove drivers with repeated serious accidents.
While rideshare companies do not consider their drivers to be employees, the Transportation Network Company Safety and Regulatory Act, (NJSA 39:5H-1) passed in 2017, mandates rideshare companies to carry liability coverage up to $1.5 million. This coverage is applicable even if the driver lacks auto insurance.
Consequently, the issue of whether a rideshare driver is an employee or independent contractor is likely irrelevant since the rideshare companies must carry insurance coverage for accidents involving their drivers while on duty.
Additionally, the distinction between employees and independent contractors is being eroded at the state and federal levels. The Department of Labor has pending rule changes that would require employers to significantly increase the benefits available to independent contractors. In 2022, Uber agreed to pay New Jersey $100 million in fines for misclassifying Uber drivers as independent contractors.
Given the TNC Act and the language of the Attorney General in the announcement of the Uber fine, it would appear the importance of the distinction between independent contractors and employees in rideshare cases is fading away.
Who Do You Sue if You Are Injured in a Rideshare Accident in New Jersey?
If the rideshare operator causes the crash through their negligence, the operator could face civil liability for any damages caused. These accidents can be complicated, however, by an additional third party—the rideshare company.
Typically, if a negligent motorist injures another driver or passenger, the injured person could sue the negligent driver. Additionally, if the negligent driver was working and acting within the scope of employment at the time of the accident, then the injured person could also sue the driver’s employer.
The TNC Act describes the different scenarios in which Uber/Lyft accidents can occur and details the amount of coverage available to injured parties.
Determining Responsibility and Insurance Coverage In New Jersey Rideshare Accidents
Under the TNC Act, insurance coverage for rideshare drivers varies based on their status. When transporting a rider, the minimum limits of coverage required in New Jersey are:
- primary automobile liability insurance in an amount of at least $1,500,000 for death, bodily injury, and property damage;
- primary automobile insurance for medical payments benefits in an amount of at least $10,000 per person per incident, which shall only apply to and provide coverage for the benefit of the TNC driver; and
- uninsured and underinsured motorist coverage in an amount of at least $1,500,000.
If logged in to the rideshare company application and actively seeking a rider:
- primary automobile liability insurance in the amount of at least $50,000 for death or bodily injury per person;
- $100,000 for death or bodily injury per incident; and
- $25,000 for property damage, along with primary personal injury protection benefits pursuant to N.J.S.A. 39:6A-4, and uninsured and underinsured motorist coverage to the extent required pursuant to N.J.S.A. 17:28-1.1.
If the rideshare driver is off-duty, insurance coverage defaults to the driver’s personal auto insurance policy. The rideshare company provides no insurance coverage in this instance.
As can be seen, an accident involving an Uber/Lyft driver and multiple injured persons may have complex fact patterns and insurance coverage issues. Injured persons could deal with multiple insurance companies attempting to shift liability in a rideshare accident in New Jersey. Consequently, seeking legal advice is paramount when multiple insurance companies are involved.
Types of Claims Injured Persons Can Make
In a rideshare accident case, plaintiffs can make various damage claims, including:
- Medical expenses;
- Lost wages;
- Pain and suffering;
- Disability;
- Future medical treatment; and
- Loss of consortium.
Contact an Experienced Rideshare and Automobile Accident Attorney If You Are Injured in a Rideshare Accident
If you were injured in a rideshare accident, contact the personal injury attorneys at Schiller, Pittenger & Galvin, P.C. We will investigate the accident and determine who was at fault for your injuries.
We will also confirm the amount of insurance coverage for the negligent driver. We are prepared to litigate your case to trial.
Call us at our Scotch Plains office at 908-490-0444 or contact us online for a free consultation with an experienced New Jersey Uber/Lyft accident attorney.