Getting into an accident is scary and confusing, especially when a rideshare vehicle is involved. If you were injured in a collision with an Uber or Lyft driver in New Jersey, you probably have questions about your rights. Since New Jersey is a no-fault state, navigating insurance claims and potential lawsuits can be confusing. If you’re wondering whether you can sue a rideshare driver after an accident, continue reading and contact a Middlesex County Uber accident attorney today.
Is New Jersey a No-Fault Accident State?
Yes, New Jersey is a “no-fault” accident state. This means that if you’re injured in a car accident, you generally file a claim with your own Personal Injury Protection (PIP) insurance first to cover medical bills and injury-related expenses, regardless of who was at fault for the crash. This system limits lawsuits unless injuries are severe.
Do Uber and Lyft Drivers Have Insurance Coverage?
Yes, both Uber and Lyft have comprehensive insurance for their drivers, though the policies that apply depend on the specifics of the situation. Both companies offer similar tiers of insurance coverage, depending on the driver’s status at the time of the accident.
- Offline: If the driver is offline, meaning they are not actively working for the rideshare company, only their personal auto insurance covers them.
- Online and available: If the driver is on the app and able to receive ride requests, the driver is insured for $50,000 per person and $100,000 per accident for injuries and $25,000 per accident for property damage.
- En route or on a trip: If the driver is on their way to pick up riders or has riders in the vehicle, they are insured for at least $1,000,000 for property damage and injuries to riders and third parties.
In general, when a rideshare driver is involved in an accident while working, the insurance policy of the company they work for may cover the resulting damages after PIP applies.
Can I Sue a Rideshare Driver After an Accident With Uber or Lyft in NJ?
After being injured in an accident involving a rideshare driver, it’s important to understand your legal rights and options. Your ability to sue the driver depends on the specific circumstances of the situation. Because New Jersey is a no-fault state, it can be difficult to have a valid lawsuit against the driver. However, there are situations where you may be able to file a lawsuit despite the no-fault laws.
When your injuries are severe enough to meet the “serious injury threshold,” you can pursue litigation against the driver. This threshold requires that you sustain specific types of injuries, like permanent injuries, disfigurement, bone fractures, etc. If your injury qualifies, you may be able to circumvent the state’s no-fault system and file a lawsuit.
Personal injury law can be complex, so you should consult with an experienced attorney for more information on your rights and options.
