Middlesex County Uber and Lyft Accident Lawyers

While the prevalence of ridesharing has made the lives of Middlesex visitors and residents more convenient, what happens when you get into an Uber or Lyft accident? Suddenly, it is no longer as simple as taking a driver to task for an insurance payout—the status of the rideshare, the hiring practices of the rideshare company, and your driver’s habits can all impact who you can bring and claim against, and for how much.

Our Middlesex Uber and Lyft accident lawyers at Wiley Lavender Maknoor, PChave helped many clients navigate the crucially important (if confusing) process of claiming compensation after an Uber or Lyft collision. If you or a loved one has been injured in one of these accidents, here is what you need to know.

What Should You Do Immediately After an Uber or Lyft Accident?

In the immediate aftermath of an accident with Uber or Lyft, ensure your safety and that of any others: get out of the path of oncoming traffic and turn on the hazard signals of all involved vehicles. Call 911 to request medical attention, even if you do not see any visible injuries—nerve damage and whiplash, for example, can take days to show symptoms. Plus, the medical records can help demonstrate the extent of your injuries should you decide to pursue a claim.

While you are on the call with the 911 dispatcher, take the opportunity to report the accident to the police. New Jersey law requires you to report a car accident in the case of injury, death, or property damage exceeding $500. Then, if you can do so safely, exchange contact information with all involved drivers and any witnesses. Take photos of the scene, any property damage, and all injuries; record your memories and observations of the accident in a written journal or a note on your phone.

Who Is Liable in an Uber or Lyft Accident?

Unfortunately, recovering from an Uber or Lyft accident is not as simple as bringing a claim against the rideshare company. These companies’ drivers usually operate as independent contractors, not employees—which means that the driver will generally be responsible.

Uber, Lyft, and other similar companies generally provide insurance coverage for their drivers, with different levels that depend on the driver’s activity at the time of the incident.

If the driver was waiting on a ride request, the company provides limited liability insurance for collisions or injuries, typically $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage. If the accident occurred during an active ride, the companies would likely supply more comprehensive insurance coverage (up to $1 million in liability coverage and $1 million in uninsured/underinsured motorist coverage). However, if the driver had the app off, then their own personal insurance would likely apply in the case of an accident.

In some cases, multiple parties may share liability—for example, if another driver’s negligent or reckless driving contributed to the accident with your rideshare. New Jersey follows a “modified comparative negligence” rule, wherein you can only claim compensation if you were less than 50% at fault for the accident. So, in cases with multiple parties, you may need to hire an experienced car accident lawyer to parse through the collision.

Can You Sue Uber or Lyft Directly?

Your driver’s status as an independent contractor typically shields Uber and Lyft from liability lawsuits, as they can claim that their drivers acted on their own. However, in certain circumstances, you might be able to hold the rideshare companies liable.

For instance, if the company failed to perform sufficient background checks in their hiring process, established substandard safety practices for their independent contractors, or neglected repeated safety reports, an experienced car accident attorney could put together a case to hold Uber or Lyft liable for your injuries.

What Are Your Rights as an Uber or Lyft Passenger?

As a rideshare passenger, you have the right to safety and security during your ride period. If you suffer injuries or property damage because of the negligence of your driver, the rideshare company, or another vehicle, you can seek financial compensation from the rideshare company’s insurance policy or from the driver’s personal insurance, depending on the circumstances.

You also have the right to seek information about your claim’s progress—the rideshare company or their insurer should provide you with regular updates.

What Should You Expect in the Claims Process?

When you want to file a claim to cover your Uber or Lyft accident, you will need to first report the accident to the rideshare company and the insurance providers. This report will trigger an investigation, during which you will need to provide any evidence you might have on you—including medical records, police reports, and witness statements.

After the applicable insurance companies have completed their investigation, they will either approve or deny your claim. Unfortunately, insurance adjusters have a strong incentive to lowball their first offer in the interest of saving money. In this scenario, an experienced Middlesex car accident lawyer can negotiate on your behalf and help you claim the maximum possible compensation.

If you and the insurance company cannot reach a fair settlement, your lawyer may advise taking the case to court. A seasoned lawyer can help you explore your legal options.

Share the Burden with the Middlesex Uber and Lyft Accident Lawyers at Wiley Lavender Maknoor, PC

A compassionate, competent attorney can gather all your evidence, negotiate your claim, and argue your case when necessary—in all, they can shoulder your legal burden so you can focus on healing after your Uber or Lyft accident. Our Middlesex County Uber and Lyft accident lawyers at Wiley Lavender Maknoor, PC have assisted many of our clients with their collision cases, and we are confident that we can help you as well.  If you or your loved one got into an accident while taking a rideshare vehicle, call our Metuchen, New Jersey office at 732-494-6099 or submit our online form. We serve clients throughout Middlesex County, Monmouth County, Union County, and Somerset County. We look forward to hearing from you!