Shrewsbury New Jersey Uber Accident Attorney

What You Need to Know About Uber and Lyft Accidents

In today’s fast-paced world, ridesharing services like Uber and Lyft have become a popular choice for getting around. However, like any mode of transportation, accidents can happen. When ridesharing services are involved, things can get a bit complicated. During this difficult time, a Shrewsbury New Jersey uber accident attorney can help you file a claim after a rideshare accident and recover the rideshare settlement you deserve.

Uber and Lyft both have substantial liability policies on their drivers but the rules and laws around how those policies work can be complicated. Rest assured, both of these companies routinely fight claims and liability in accidents, resulting in denials or lowball offers that barely cover any of your needs. You need your own aggressive representation to secure your best interests.

Quick Summary:

• Uber and Lyft accidents involve rideshare vehicles colliding with other cars, pedestrians, cyclists, or objects during different stages of a trip. These incidents, caused by factors like speeding, distracted driving, or poor road conditions, can lead to complex liability issues that require careful examination to determine responsibility.
• In New Jersey, if an Uber driver hits you, your own Personal Injury Protection (PIP) insurance will cover your initial medical bills and lost wages. For additional damages, you must file a claim with Uber’s insurance if the driver was on duty, as their personal insurance doesn’t cover accidents during work.
• After an Uber accident in New Jersey, protect your rights by calling 911, seeking medical attention, and not admitting fault. Gather information, take photos, obtain reports, report the accident to Uber, and contact a lawyer before settling with insurers to ensure your legal interests are safeguarded.
• For Uber and Lyft accidents, the applicable insurance policy depends on the ride stage. If the driver is en route or has a passenger, Uber’s $1,000,000 liability policy applies. If the driver is waiting for a ride request with the app on, Uber’s lower coverage limits kick in. If the app is off, the driver’s personal insurance applies.In New Jersey, you have two years from the date of an Uber or Lyft accident to file a claim.
• After an Uber or Lyft accident, you can recover economic damages like medical bills, lost wages, and property damage, as well as non-economic damages for pain and suffering, emotional trauma, and loss of enjoyment of life. It’s crucial to have a Shrewsbury, NJ Uber accident attorney because of complex rideshare insurance laws. They’ll fight for fair compensation from rideshare companies, using local experience to guide you through the legal process.

What are Uber and Lyft Accidents?

Ridesharing services like Uber and Lyft are a modern way to get a ride from one place to another. Instead of calling a taxi or driving yourself, you can use your smartphone to request a ride from a driver who’s nearby and available to pick you up.

Uber and Lyft accidents are motor vehicle accidents that involve rideshare vehicles and their passengers, other drivers on the road, pedestrians, cyclists, or any other object. These accidents can occur during different stages of a rideshare trip, with varying levels of liability depending on the specific circumstances.

Common Causes of Rideshare Accidents

Rideshare accidents are caused in the same manner as all other motor vehicle accident types: via acts of negligence. Most of the time, the party who is negligent is one of the drivers involved – either the driver of the rideshare vehicle or the driver of the other vehicle.:

• Speeding:  Rideshare drivers aiming to maximize fares or meet tight arrival expectations may be tempted to exceed speed limits. This increases the risk of losing control of the vehicle, especially during sudden maneuvers or in bad weather conditions.
• Failing to Yield:  Disregarding traffic signals, stop signs, or failing to yield the right of way at intersections can lead to serious accidents with other vehicles or pedestrians.
• Following Too Closely/Tailgating:  Maintaining a safe following distance is crucial. When drivers tailgate rideshare vehicles, they leave little room to react in case of sudden braking, significantly increasing the risk of rear-end collisions.
• Driving While Distracted:  Using a rideshare app, talking on the phone, texting, or eating while driving can divert a driver’s attention away from the road. This can lead to missed traffic signals, delayed reactions to hazards, and an overall increase in accident risk.
• Driving While Impaired:  Operating a rideshare vehicle under the influence of alcohol, drugs, or medication is incredibly dangerous. Impaired judgment and reaction times significantly compromise the safety of passengers and everyone on the road.
• Failing to Adhere to Traffic Safety Laws and Regulations:  Disregarding traffic laws like speeding, making illegal turns, or ignoring carpool lane restrictions not only increases the risk of accidents but can also lead to citations for the rideshare driver.
• Passenger Behavior:  Disruptive or intoxicated passengers can create distractions for the driver, increasing the risk of accidents. Additionally, slamming car doors open unexpectedly or reaching into the front seat can also pose safety hazards.
• Defective Vehicle Parts:  Malfunctioning brakes, faulty tires, or other mechanical issues with the rideshare vehicle can lead to sudden loss of control or tire blowouts, causing accidents.  Rideshare companies have a responsibility to ensure their vehicles are properly maintained and safe for operation.
• Weather Conditions:  Heavy rain, snow, fog, or strong winds can reduce visibility and make roads slippery, impacting a driver’s ability to control the vehicle safely. Rideshare drivers should adjust their speed and driving behavior according to the weather conditions.
• Poor Road Conditions:  Potholes, uneven surfaces, or lack of signage can create hazards for rideshare drivers and contribute to accidents.  Rideshare companies may be held liable if they fail to properly warn drivers about known dangerous road conditions in a designated pick-up or drop-off area.

Who is Liable for Damages if an Uber Driver Hits You?

New Jersey is a no-fault state. That means that your insurance will help pay a portion of the accident expenses regardless of who was responsible for the accident. New Jersey requires all drivers to carry Personal Injury Protection Insurance (PIP). This may seem simple enough, but some nuances related to liability in a NJ rideshare accident can cause complications for your claim. 

This covers the medical bills and lost wages of injured parties through their own policies, eliminating the liability factor. When you file a claim with Uber’s insurance or file a lawsuit against the at-fault driver, you are responsible for proving the three requirements for any personal injury case:

• The Uber driver owed you a duty of reasonable care, meaning that they owed you and other drivers on the road the promise to act responsibly while driving.
• The Uber driver failed to uphold that duty, causing an accident.
• The accident then resulted in damages, including bodily injuries and damage to your property.

It is important to note that the Uber driver’s personal insurance will not cover damages from an accident that occurred while the driver is on duty. In this case, you must file a claim with Uber’s insurance policy.

What to Do After an Uber Accident in New Jersey?

Uber and its insurance carrier will look for any reason to deny your claim or reduce your payout after an accident. Do your best to protect your legal rights from the beginning by taking the following steps after an Uber car accident in New Jersey:

1. Always call 911 to report the crash, even after a minor collision.
2. Seek medical attention right away, whether or not you feel injured.
3. If you were driving a vehicle, do not admit fault for the accident.
4. Write down the information of the Uber driver and everyone else involved.
5. Take pictures of vehicle damage and the scene where the crash took place.
6. Obtain copies of your police accident report and medical records.
7. Report the car accident to Uber using its Help Center.
8. Contact your own car insurance company to file a claim.
9. Before speaking to an insurance claims adjuster, contact a lawyer.
10. Do not rush into an insurance settlement before consulting with an attorney.

These steps can help you protect your legal rights and lay the groundwork for a personal injury claim. If you cannot complete all of these steps, don’t worry. A car accident lawyer in Shrewsbury NJ can take over your injury claim at any stage.

What Insurance Policy Should I Apply In Uber and Lyft Accidents?

Rideshare insurance works differently than regular car insurance. It depends on what stage of the ride you’re in when the accident happens. Consider the following about which insurance policy applies assuming the driver of the rideshare vehicle was at fault:

En Route or With a Passenger

If the accident occurred while the Uber driver was en route to pick up a passenger or while the driver had a passenger in the car, then Uber’s insurance policy will apply. Uber maintains $1,000,000 in third-party liability coverage.

The App is Turned On and is Waiting for a Ride Request

If the driver is not en route to pick up a passenger and is not transporting a passenger but is logged into the app and waiting for a ride request when the accident occurs, then Uber’s third-party liability insurance will apply if the driver’s personal insurance does not. Limits are $50,000 in bodily injury coverage per person and $100,000 per accident, as well as $25,000 in property damage liability coverage per accident.

The Rideshare App is Off

If the Uber driver had the app turned off at the time of the accident, they are treated like any other motorist. They are considered to have not been working at the time. If the app is off and the driver is using the vehicle for personal use, then that driver’s personal insurance, which is mandatory in our state, will apply.

Of course, there may be a situation where the Uber/rideshare driver is not at fault. If this is the case, the insurance company of the at-fault party will likely be responsible for paying for damages. Because New Jersey follows a system of no-fault insurance, most of the time, you can bring a claim with your own insurance company for compensation after an accident. Note that NJ Uber law also requires rideshare companies to maintain $1.5 million in liability and uninsured/underinsured coverage for passengers.

Statute of Limitations for Uber and Lyft Accident Accidents

In New Jersey, there’s a deadline for filing a lawsuit after an accident, called the statute of limitations. This rule is important to understand if you’ve been injured in such an accident.

For rideshare accidents in New Jersey, you generally have two years from the date of the accident to file a claim. If you miss this deadline, you might lose your chance to seek compensation for your injuries and damages.

What Damages Can Be Recovered in an Uber and Lyft Accident?

Generally, two categories of damages apply to most rideshare accidents: Economic and Non-Economic. They each play an essential role in your claim’s value, especially if your injuries are severe.

Economic Damages

These are the tangible costs you incur directly because of the accident. They serve to compensate you for the financial burden caused by the incident. Here are some key examples:

• Medical Bills: This covers all past and future medical expenses related to your injuries, including ambulance rides, emergency room visits, doctor appointments, surgeries, medications, physical therapy, and any other necessary treatments. Keep all medical records and receipts to ensure these expenses are properly documented for your claim.
• Lost Wages: If you’re unable to work due to your injuries, you may be entitled to compensation for the wages you’ve lost. This includes both salary and benefits. Additionally, if your injuries limit your ability to work in the future, you may be compensated for the projected loss of income.
• Property Damage: If the accident caused damage to your vehicle or other personal property, you may be entitled to compensation for repairs or replacement costs.
• Future Expenses: Serious injuries can lead to ongoing medical needs, rehabilitation costs, or modifications to your home or vehicle to accommodate your disability. Your attorney can help estimate and include these potential future expenses in your claim.

Non-Economic Damages

These damages go beyond the financial costs and focus on the emotional and physical impact the accident has had on your life. They are designed to compensate you for the intangible losses you’ve suffered. Here are some key examples:

• Pain and Suffering: This refers to the physical and emotional discomfort you experience due to your injuries. It can encompass a wide range of symptoms, such as chronic pain, headaches, anxiety, depression, and sleep disturbances. The severity of your pain and suffering will be a factor in determining the amount of compensation you receive.
• Loss of Enjoyment of Life: Injuries can significantly limit your ability to participate in activities you once enjoyed, such as hobbies, sports, social outings, or even household tasks. This loss of enjoyment of life can be a significant source of emotional distress and may be compensable.
• Emotional Trauma: Car accidents can be incredibly traumatic events, leading to lasting emotional consequences, such as anxiety, depression, post-traumatic stress disorder (PTSD), or phobias related to driving. These conditions can significantly impact your daily life and relationships, and you may be entitled to compensation for this emotional hardship.

Why Do I Need an Uber Accident Attorney in Shrewsbury , NJ?

Being injured in an Uber and Lyft accident in Shrewsbury, NJ can be a confusing and overwhelming experience.  You’re likely dealing with physical injuries, medical bills, and lost wages, on top of the emotional stress of the situation.  Having a Shrewsbury New Jersey uber accident attorney on your side can make a significant difference, here’s why: 

• Understanding New Jersey’s Rideshare Insurance Laws and Your Rights: New Jersey’s rideshare insurance laws determine your compensation based on whether the rideshare app was off, on, or if a passenger was in the car during the accident. Our experienced attorneys can navigate these complexities to ensure you receive the full compensation you’re entitled to.
• Fighting for Fair Compensation from Rideshare Companies and Insurance Carriers: Rideshare companies and their insurers often attempt to undervalue or deny claims, offering settlements that fall short of covering all your damages. Our attorneys excel in negotiating with these entities and will pursue the maximum compensation for your medical bills, lost wages, pain and suffering, and other losses.
• Local Knowledge and Personalized Attention: Our attorneys leverage its deep understanding of the local court system and the complexities of New Jersey Uber and Lyft accident cases to secure the best outcomes for clients. Their personalized approach ensures you stay informed and understand your options throughout the legal process.

Call Our Shrewsbury New Jersey Uber Accident Attorney Now!

Accidents involving Uber and Lyft can be complicated, but understanding your rights and options is crucial. Whether you’re a passenger, driver, or pedestrian, knowing what to do after an accident can make a big difference in the outcome of your case.

At Kreizer Law, our New Jersey Uber accident attorneys are committed to helping people just like you who’ve been hurt in Uber and Lyft accidents. Our personal injury law firm will guide you on what your rights are as well as the options available to you. We’ll handle all communications and negotiations to ensure you receive fair compensation for your injuries and damages.

If you’ve been injured in a rideshare accident, don’t wait to take action. Contact us now to schedule a free consultation and let us advocate for your rights. We can help you learn more about Lyft and Uber accident policies and how to recover a fair settlement after a rideshare accident in New Jersey. We can also help you handle nursing home abuse, medical malpractice, sexual abuse, wrongful conviction, and worker’s compensation cases.