Most of us arrange Uber rides to avoid accidents and for their convenience, but Ubers are vehicles like any other. They are driven by human drivers capable of making errors and are subject to dangers presented by other careless vehicle operators.
Avoiding an accident may be out of your hands, but you can take control of the aftermath by partnering with the rideshare accident attorneys serving New Jersey from Seigel Law. Our Uber accident lawyer in New Jersey can take care of every detail of your case with the singular focus of getting you financial justice.
Understanding Uber Accident Liability in New Jersey
To collect compensation after an Uber accident, you have to identify the liable party. Since there are many factors at play in any crash, you need to investigate to make an accurate determination. An Uber accident lawyer in New Jersey can undertake this process and then fight to hold the liable party accountable.
The Uber Driver
Your Uber driver may be to blame. A recent survey shows one in three rideshare drivers have been in a crash while working. Contributing factors include driver fatigue and distractions. Rideshare drivers often work long hours or take on “part-time” shifts after working elsewhere. As they drive, they have to keep an eye on their phones to connect with clients, for work management, or to follow route navigation systems.
Drivers may be operating in unfamiliar territory as well. The lack of familiarity could cause them to make sudden maneuvers that lead to collisions.
Third-Party Driver
Another driver may bear fault for the crash. All drivers owe a duty of care to others on the road. This duty is a legal obligation to operate vehicles safely and avoid causing harm. An impaired, distracted, fatigued, or careless third-party driver could bear culpability when involved in a crash with an Uber vehicle.
A Government Entity
Different government agencies bear responsibility for maintaining roads, streetlights, and other elements of travel. Some accidents result from faulty traffic signals, poor road conditions, or inadequate lighting. In these instances, the respective government entity may be the liable party.
The Uber Company
The Uber company protects itself from much liability by hiring drivers as independent contractors instead of company employees. Though not common, there are some situations that could present grounds for filing an accident claim against the company. The company has powerful legal and insurance representation, so securing help from an experienced team is critical. Seigel Law knows how to sue Uber for an accident in New Jersey.
How New Jersey’s $1.5 Million Rideshare Insurance Mandate Works
New Jersey has laws governing all aspects of rideshare and other transportation network company (TNC) operations. Among others, the Transportation Network Company Act (N.J.S.A. 39:5H-1) establishes rules for insurance coverage.
All drivers must have their own auto insurance policies, as explained by the New Jersey Department of Banking and Insurance (DOBI). Private New Jersey drivers can carry the “basic” or “standard” options according to the DOBI Consumer Information. The TNC Act requires rideshare drivers to have additional insurance.
Uber pays for the extra insurance for rideshare drivers. The amount of coverage available depends on the timing of the accident. If drivers are en route to a confirmed pickup or traveling with passengers, New Jersey mandates liability coverage of $1.5 million and the same amount in Uninsured or Underinsured Motorist (UM/UIM) coverage.
The 3 Insurance Periods for New Jersey Uber Drivers Explained
The driver’s status on the Uber app affects what insurance applies. Insurance companies do not want to make payouts. When more than one company is involved, it is not uncommon for them to each point the finger at the other to avoid paying your Uber injury claim compensation in NJ. An Uber accident lawyer in New Jersey can work through these complicated scenarios to fight for what you deserve.
Uber drivers’ personal auto insurance applies for accidents occurring while drivers are offline and inactive on the app. If they have a crash during “period one,” when they are active on the app but waiting for a request, Uber insurance provides liability coverage of $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage.
The 1.5 million coverage applies when drivers are in the midst of a “prearranged ride.” Prearranged rides comprise period two, when the driver is traveling to a confirmed pickup, and period three, when the driver is transporting passengers. The TNC Act also requires $10,000 for medical-payments benefits for the rideshare drivers injured in a crash during these periods.
What to Do Immediately After an Uber Accident in NJ
Whether you are a passenger in the Uber vehicle, a pedestrian or cyclist, or a third-party-vehicle occupant, you can take steps to support your Uber injury claim compensation in NJ immediately after the crash occurs. Of course, if moving will cause you further harm, stay still until emergency help arrives.
Call 911. Law enforcement can make an official accident report and ensure your safety. Take pictures of the driver’s license, insurance, and registration documents, and the vehicle/s itself. Be sure to capture the license plates and any damage. Get additional shots or footage of the accident scene overall, noting weather and road conditions, traffic patterns and conditions, traffic signals and streetlights, and locations of mounted cameras.
Go to a doctor even if you do not need emergency care. Car accidents can cause serious injuries, but adrenaline can mask pain and other symptoms. Get your injuries cared for and officially documented. Then connect with a NJ rideshare accident attorney so you can report the accident and protect yourself.
Reporting the Crash
You need to report the crash to Uber, but you must be very careful with how you describe what happened. Uber makes reporting easy through its online “I was involved in a crash with Uber” reporting option, but remember that the company is not truly on your side. They want to avoid liability.
An Uber accident lawyer in New Jersey can help you formulate your responses, protecting you from saying anything that could be used to undermine or deny your Uber injury claim compensation in NJ. You could also be injured as the Uber driver. Our New Jersey motor vehicle accident lawyers can help you with your report and fight to get you the coverage you are entitled to.
Can You Sue Uber Directly or Just the Driver in New Jersey?
You can sue Uber directly, but only under specific circumstances. The Uber company avoids responsibility for many driver errors and actions by hiring workers as independent contractors. Even so, the company must provide proper training and carry out background checks. It must remove unsafe drivers from the Uber platform.
Claims connected to negligent hiring, failure to remove unsafe drivers, or app-related distractions could put liability on the company. Our team knows how to sue Uber for an accident in New Jersey if your situation warrants that approach.
How New Jersey’s No-Fault PIP Laws Apply to Uber Passengers and Drivers
New Jersey drivers must have personal injury protection (PIP) as part of their auto insurance coverage. New Jersey is a “no-fault” state. This means if there is an accident involving two (or more) private vehicles, the victims’ first source of injury coverage comes from their respective PIP insurance. Things work a bit differently when the accident involves a rideshare vehicle.
Uber Passengers
As a passenger injured during a rideshare trip, you first seek compensation through your own PIP, not the Uber driver’s. If you do not have auto insurance, you may seek compensation through the Uber driver’s auto insurance or from the $1.5 million TNC coverage Uber provides.
If you are a pedestrian injured by an Uber driver during periods two or three, the same procedures apply. If you are hit during period one, the lower TNC amounts apply. An NJ rideshare accident attorney can help. We can also work toward solutions if your injuries and losses exceed those policy limits.
Uber Drivers
As an Uber driver, if you are in an accident while off duty and inactive on the app, your own auto insurance PIP provides coverage. For accidents occurring during periods two and three, the TNC $10,000 medical-payments policy applies. You may be entitled to the TNC $1.5 UM/UIM coverage if the other driver was uninsured, and an attorney can determine if there are other sources of compensation.
If you are in a crash during period one, your own PIP is usually your first source of coverage. Sometimes, insurance companies do not provide coverage when clients operate vehicles as commercial drivers, and you may need to file with Uber’s TNC insurance.
Why You Need an Experienced New Jersey Uber Accident Lawyer
The aggressive, knowledgeable team at Seigel Law can work to protect you from losing out on compensation you need and deserve. Though their job is to insure you against financial disaster after a crash, the priority for many insurance companies is to protect their own interests first.
Some accidents present additional complexities. Perhaps you are partially to blame. Maybe the Uber driver was also active on another ridesharing app when the crash occurred. The Uber driver could have lost connection or accidentally switched the app off just before the accident happened.
Our team is on your side. We can help you file your claim against the liable party’s insurance company,y and we also know how to sue Uber for an accident in New Jersey. We can evaluate your situation and find the way forward. From the moment we start our partnership, we handle all communication with the other parties’ representatives, take care of all legalities, and provide support and guidance. We will value your losses with care, demanding full accountability from those at fault.
We Fight for Injury Victims’ Rights
The team at Seigel Law has one focus: getting you compensated for your personal injury losses. We fight to make that happen and promise to treat you with respect and compassion throughout the process. Take the first step toward justice by contacting us for a free case consultation. We are ready to listen and ready to act.
Frequently Asked Questions
Please call or send a message if you have another question or need more information. We have the answers you need.
How much compensation can I get for an Uber accident in New Jersey?
There is no average amount of compensation for an Uber accident. Factors including the severity of your injuries and their long-term effects, your lost wages and earning capacity, and the value of your damaged property all matter, along with others.
The extent of your physical pain and emotional suffering also comes into play. The other side will try to minimize these losses, but our team knows how damages for pain and suffering are measured in New Jersey, and will fight to recover the maximum.
Who pays for my medical bills if I was a passenger in an Uber accident in NJ?
You access your own PIP coverage for medical costs, but that coverage may not be enough, or you may not even have PIP. Then, Uber’s TNC coverage may apply. If the accident resulted directly from the Uber company’s negligence, you may seek compensation from Uber itself.
A NJ rideshare accident attorney can deal with the details and make sure you are cared for as your claim progresses, and that you are properly compensated for your medical and other costs.
What happens if an Uber driver hits my car while logged into the App?
Uber’s TNC coverage applies to your property damage, though the amount available depends on whether the driver had accepted a ride request and was driving to or with passengers, or if the driver was just waiting to accept a request.
If you have PIP and were injured, that coverage should apply. You may also be eligible for TNC coverage, with amounts depending on the accident’s timing. Connect with an Uber accident lawyer in New Jersey to secure the most favorable outcome.
How long do I have to file an Uber accident lawsuit in New Jersey?
Typically, the statute of limitations for a car accident in New Jersey is two years. The time limit expands to six years if you are only seeking compensation for property damage. Conversely, if your claim is against a government entity, the time limit shrinks to 90 days. To avoid missing your opportunity for justice, connect with an NJ Uber accident attorney as soon as possible.