As ridesharing services like Uber continue to expand across New Jersey, so do the risks and complexities involved in accidents involving these vehicles. Unlike traditional car accidents, an Uber crash often brings unique legal challenges. Whether you’re a passenger, a pedestrian, or another driver, an Uber accident can leave you confused about insurance coverage, liability, and your legal rights.
If you are seeking compensation after you’ve been injured in an Uber accident in New Jersey, seeking legal help is advisable to professionally and effectively go through the legal landscape. A New Jersey Uber accident attorney at Varcadipane & Pinnisi, P.C. will walk you through common concerns and outline what you need to know about Uber accident claims. Contact us immediately after an Uber accident to evaluate your case and determine your options.
Rideshare services have become a popular mode of transportation because of their convenience and affordability. However, with the increasing number of Uber drivers on the road, accidents involving these vehicles have also risen. While Uber-related accidents may not be as heavily documented as other types of collisions, studies and reports suggest that the uptick in rideshare services correlates with an increase in overall car accidents.
Even though Uber performs background checks and mandates certain safety requirements for drivers, this doesn’t eliminate the risk of accidents. Like other drivers, Uber drivers can be involved in serious accidents that result in significant injuries and even fatalities.
According to a joint study by the University of Chicago and Rice University, rideshare services have caused a 3% increase in traffic fatalities.
Despite the occurrence of accidents, ridesharing companies report that over 99.9% of their trips proceed without safety incidents. This implies that while accidents do happen, they are relatively infrequent, given the vast number of rides provided.
With Uber’s dominant market share of 71% compared to Lyft’s 29%, Uber’s higher number of accidents reported is proportional to its larger service volume.
<h2id=”2″>How the Insurers Cover Uber Drivers and When?
Navigating insurance coverage after an Uber accident can be confusing because different policies may apply depending on when and how the accident occurred. In New Jersey, Uber’s insurance coverage is split into different phases depending on whether the Uber driver was logged into the app or was transporting passengers.
When an Uber driver is logged out of the app, their personal auto insurance is solely responsible for covering any accidents or incidents. In this scenario, Uber’s commercial insurance policy is not applicable. Therefore, the driver must rely on their personal insurance coverage limits, terms, and exclusions.
Once an Uber driver accepts a trip and is either on their way to pick up a passenger or is transporting them, Uber’s commercial insurance policy becomes active. In New Jersey, this coverage includes up to $1.5 million in liability per accident, which covers damages or injuries to passengers or third parties.
Additionally, Uber provides $1.5 million in uninsured/underinsured motorist coverage, offering protection if an accident is caused by a driver lacking sufficient insurance. Comprehensive and collision coverage is also available but contingent on the driver having such coverage in their personal policy, with a deductible of $1,000.
When the Uber app is on but the driver has not accepted a trip, the insurance coverage situation becomes more complex. During this period, Uber provides contingent liability coverage that supplements the driver’s personal insurance.
This coverage can be activated if the personal auto policy does not cover the accident due to commercial activity exclusion. It offers up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
These policies can still be complex, especially if there are disputes between Uber’s insurer and the driver’s personal insurance company. A New Jersey Uber accident attorney can help ensure you are adequately covered and assist in securing compensation.
Like any other vehicle on the road, Uber cars are susceptible to accidents due to various factors. However, some causes are particularly common when it comes to rideshare services:
Your lawyer will help identify the root cause of the accident, which is essential in determining liability and the appropriate compensation. An attorney from our firm will keenly investigate the facts of your case to help build a winning case.
Injuries sustained in an Uber accident can be minor or severe, largely depending on the severity of the crash. Some common injuries include:
Following an Uber accident in New Jersey, your lawyer will assess your injuries to ensure you seek adequate compensation. They will thoroughly evaluate medical reports, which provide a detailed understanding of the injuries sustained. This involves consulting with medical professionals to gather expert opinions on the severity and potential long-term impacts of these injuries. Such consultations help in constructing a comprehensive view of your medical condition.
Beyond medical assessments, your New Jersey Uber accident attorney will look into accident reports, witness statements, and other pertinent documentation to establish the full extent of the damages. This evidence is instrumental in articulating the impact of the injuries on your life and seeking fair recovery.
If you are involved in an Uber accident in New Jersey, the steps you take immediately afterward can significantly influence your ability to recover compensation. Additionally, considering your well-being after the accident, you are supposed to take swift steps to help safeguard your health.
Here are the recommended steps to take following an Uber accident in New Jersey:
The first step should be calling emergency services at your location. Alert the emergency responders and direct them to the scene to provide medical assistance and create an official accident report.
Following an accident, you might not be immediately aware of the full extent of your injuries. Adrenaline and shock can mask pain and symptoms, leading you to underestimate your condition. A medical evaluation is vital for identifying both obvious and hidden injuries and preventing them from worsening over time.
Importantly, seeking prompt medical care demonstrates that you took reasonable steps to mitigate your injuries. If you don’t obtain medical attention, it might be argued that you contributed to the severity of your injuries by not acting responsibly. This could weaken your legal compensation claims.
Also, medical records offer a detailed account of your injuries, the treatments administered, and the anticipated recovery process. They substantiate your claims and help establish a link between the accident and your injuries, thereby strengthening your compensation case.
At the scene of an accident, collect evidence such as photographs of the vehicles, the accident location, and any visible injuries. These images provide a visual record that can help substantiate your account of the incident.
Additionally, obtain witness statements and their contact information, which can be used to confirm your version of events. Having detailed information ensures that your account is accurate and comprehensive and safeguards you from being unfairly held liable.
Use the app to report the incident to Uber. This will immediately alert the company about the incident so they can take swift action, whether contacting emergency services, providing assistance, or initiating their internal investigation process.
Also, reporting the accident helps streamline the documentation and processing of claims. The app is designed to collect all necessary information systematically, simplifying the process for the driver and passenger.
Before speaking with insurance companies, it’s highly advisable to consult with an Uber accident attorney. They will professionally guide the legal process, helping you get a grip on your rights and the compensation you deserve. Your attorney has the resources to ensure you don’t settle for less than you deserve.
If you’ve been injured in an Uber accident, you need to seek damages to cover your injuries. Basically, your damages include both economic and non-economic. The recoverable damages include the following:
Your lawyer will help you figure out the full scope of your damages before agreeing to any settlement offer. That way, you can obtain compensation that accurately reflects the seriousness of your injuries.
Following a rideshare accident in New Jersey, you have up to two years from the day you suffered the injury due to the accident to file a personal injury lawsuit (N.J. Stat. § 2A:14-2(a) (2024).). This means you must initiate legal action within this time frame or risk losing your right to pursue compensation.
However, it’s advisable to act quickly, as gathering evidence and negotiating with insurance companies can take time. A New Jersey Uber accident attorney will ensure your case is handled properly and within the stipulated legal deadlines.
If you are a pedestrian, cyclist, or another motorist and collide with an Uber driver, you still have the right to pursue compensation. In these cases, the same insurance policies that apply to Uber passengers come into play. Depending on the circumstances, Uber’s $1 million liability coverage may provide compensation for your injuries.
In cases where the Uber driver was not on the app at the time of the crash, you may need to file a claim against their personal auto insurance policy. An attorney can help determine the appropriate insurance coverage and hold the responsible parties accountable.
One of the major differences in liability between rideshare and taxi drivers lies in the classification of drivers. Taxi drivers are considered employees of the taxi company. This classification means that the company could bear responsibility for the actions of its drivers under the principle of vicarious liability. If a taxi driver is proven negligent and causes harm, the company could bear the burden of damages.
Rideshare drivers, however, are classified as independent contractors. This classification allows companies like Uber to distance themselves from responsibility for their drivers’ actions. By doing so, they avoid liability for accidents caused by their drivers, shifting the responsibility to the drivers themselves. This legal loophole may lead to cases where injured parties experience difficulty obtaining compensation.
Also, the legal landscape for rideshare accidents is defined by a combination of state laws, insurance policies, and company regulations. These elements collectively influence the determination of liability.
In New Jersey, each type of driver must follow insurance requirements, driver qualifications, and safety standards. In the event of an accident, the specific laws within this jurisdiction can greatly affect liability.
Rideshare companies typically offer insurance that kicks in when the driver is engaged in a ride. This coverage includes liability for injuries and property damage, but the extent varies based on whether the driver is waiting for a fare, en route to pick up someone, or actively transporting a passenger.
Additionally, Uber rideshare companies have specific guidelines for driver conduct and vehicle maintenance, which can affect liability. If a driver violates these policies, the company might share responsibility for the accident. Given the complexities involving different types of drivers, it is recommended to contact an attorney to help you determine the right approach based on your unique situation.
If you or a loved one has been injured in an Uber accident, time is of the essence. The earlier you take action by contacting Varcadipane & Pinnisi, P.C., the better the chances of building a successful claim for compensation. Mostly, Uber accident claims are complex already due to many possible insurance companies that may come into play.
Sadly, many insurance companies may shift the blame on another to evade responsibility, possibly adversely affecting your claim. We can’t stress enough the importance of hiring a legal advocate to help safeguard your interests and rights. A New Jersey Uber accident attorney will help you recover adequate compensation for your damages through all the available legal avenues. Contact us today to schedule a consultation.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.
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