Who Is Liable in a New Jersey Rideshare Accident

Rideshare services like Uber and Lyft offer a convenient, budget-friendly way to get around. But as their popularity increases, so does the frequency of rideshare accidents. If you were injured in a rideshare accident, you may have questions about who can be held liable, whether there are any special procedures you must follow, and how an attorney can help.

John C. Iannelli is an experienced New Jersey personal injury attorney. He proudly serves people in and around Blackwood and throughout South Jersey. He has been in practice since 1992 and has a proven record of success achieving outstanding results for his clients. Attorney John Iannelli aggressively pursues every case he takes on and will work to obtain superior results in your injury case. Contact Iannelli Law today to put his experience to work for you.

Liability Coverage in New Jersey Rideshare Accidents

Rideshare companies operate differently than traditional taxis. Because rideshare drivers use their personal vehicles with the rideshare company acting as a middleman connecting passengers with drivers through an app, determining liability in a rideshare accident can be complicated.

Like all drivers, people who drive for rideshare companies must carry liability insurance. And New Jersey law is clear: the rideshare company must provide insurance coverage for their drivers. However, as required under the Transportation Network Company Safety and Regulatory Act (N.J.S.A. 39:5H-1 through 39:5H-28), the amount of coverage is tiered according to the driver’s status at the time of the accident. When a driver is logged into the app waiting for a ride request, the company provides a certain level of liability coverage. The level of insurance coverage increases when there are passengers in the car.

• Offline or App Off. Rideshare drivers are classified as independent contractors, not employees. When they are not engaged in a ride (i.e., the app is off), any accident they cause is generally covered by their personal auto insurance.
• App On, No Passenger. When the driver is logged on and waiting for a passenger (i.e., there is no one else in the car), the rideshare company provides limited insurance coverage in the following amounts:

• • $50,000 per person for bodily injury or death
  • $100,000 per accident for bodily injury or death
  • $25,000 for property damage
• App On, Passenger in Car. Once the driver has accepted a ride and the passenger is in the vehicle, the rideshare company’s full insurance coverage applies in the following amounts:
  • $1.5 million in liability coverage for bodily injury, death, and property damage
  • $1.5 million in uninsured/underinsured motorist coverage
  • $10,000 for personal injury protection (PIP) per person per accident (if the driver's personal policy does not include PIP)

If an accident occurs during this time, the rideshare company’s insurance should cover an injured passenger’s damages. However, exceptions may apply, and understanding the nuance of this coverage is crucial.

Determining Fault in a New Jersey Rideshare Accident

To obtain compensation after a rideshare accident, it is critical to determine who was at fault. New Jersey is a comparative fault state, which means multiple parties can share liability for causing an automobile accident. If you were involved in a New Jersey rideshare accident as a passenger, pedestrian, or driver, an experienced attorney can gather the evidence you need to prove your case and work to obtain an optimal resolution.

To protect yourself and your rights after a car accident, you should:

• Check yourself and others for injuries.
• Exchange information with the other parties, police officers, and witnesses.
• Take photos of the vehicles involved in the accident, the accident scene, and the surrounding area.
• If you were injured, promptly seek medical attention.
• Contact an experienced rideshare accident injury attorney.

If there is a silver lining to being involved in a rideshare accident, it is that rideshare companies store data that can help determine liability after an accident. GPS and cellular data can be used to confirm passenger identity, location, and driver behavior and reveal whether a rideshare driver was using their phone or speeding at the time of the accident. Rideshare companies should also keep a record of driver background information, including driving history, prior accident reports, insurance details, and vehicle information, all of which can be relevant to a personal injury claim.

How Iannelli Law Can Help

Obtaining compensation after a rideshare accident can be daunting, but Iannelli Law can help. We can protect your rights, gather evidence to help prove your claim, and negotiate with the insurance companies to ensure you receive fair compensation for your injuries and other losses. When a New Jersey rideshare accident causes injuries, Iannelli Law can help. Contact us today to schedule an appointment to discuss your situation.