Ridesharing services like Uber and Lyft have transformed the way we travel. After all, they offer various travelers convenience at the tap of a button. However, alongside convenience comes the question of responsibility—especially when accidents occur. If you're a rideshare user or a recent rideshare accident victim in New Jersey, you may wonder, "Who is liable in a rideshare accident?" The answer is not always straightforward.
How Rideshare Liability Works
Liability in rideshare accidents often depends on circumstances like who was at fault, the status of the driver at the time of the accident, and other key facts of the case. Unlike traditional auto accidents, rideshare accidents involve multiple parties, which can complicate the process of determining responsibility.
Here are the main parties that could hold liability:
1. The Rideshare Driver
If the rideshare driver was at fault for the accident, they may bear liability. For instance, if the driver was speeding, distracted, or otherwise acting negligently, they could be held accountable.
However, rideshare drivers are considered independent contractors, not employees of companies like Uber or Lyft. This distinction can affect whose insurance—personal or rideshare company coverage—applies.
2. The Other Driver
If another motorist caused the crash, they or their insurance company might be liable for damages. This would typically fall under New Jersey’s fault-based auto insurance system.
3. Rideshare Companies
Rideshare companies offer insurance coverage, but the level of liability largely depends on the driver’s status during the accident. For example:
- If the driver was offline (not logged into the app), the rideshare company is generally not liable. The driver’s personal auto insurance would apply.
- If the driver was online but not carrying a passenger, Uber or Lyft provides limited liability coverage as a secondary insurance.
- If the accident occurred when the driver was carrying a passenger or en route to pick someone up, rideshare companies provide up to $1 million in coverage for bodily injury and property damage.
4. Passengers
If a passenger distracts the driver, physically interferes with vehicle operation, or encourages reckless driving, they may be held responsible for damages. Liability depends on the circumstances and whether their behavior played a role in causing the accident.
Understanding these distinctions can be challenging during a stressful situation. This is where a knowledgeable attorney can help clarify liability and pursue proper compensation.
What Does Rideshare Insurance Cover?
Uber and Lyft maintain insurance policies to address accidents while their drivers are on the clock.
Here's a general breakdown of their coverage:
- Offline
The rideshare company is not involved, and the driver’s personal insurance is responsible.
- Online, No Passenger
Coverage includes:
- $50,000 bodily injury per person
- $100,000 bodily injury per accident
- $25,000 property damage per accident
- Passenger in Car or En Route
Coverage increases significantly:
- $1.5 million in UM/UIM coverage when a passenger is in the vehicle
- Applies when another driver is at fault and does not have enough insurance
- Contingent comprehensive and collision coverage (deductible applies)
The complex insurance layers can make filing claims more difficult, which is why legal guidance is invaluable.
Steps to Take After a Rideshare Accident
If you’ve been involved in a rideshare accident as a passenger, driver, or third party, taking the right steps can protect your rights and aid your case.
Here’s what you should do:
1. Seek Medical Attention
Your health and safety are your top priorities. Even if injuries seem minor, consult a medical professional for an evaluation.
2. Collect Necessary Information
Gather key details at the scene, including:
- The rideshare driver’s name, contact details, and insurance information
- Contact and insurance details of other parties involved
- Photos of the vehicles, scene, and injuries
- Witness statements and their contact information
3. Identify the Driver’s Status
Determine whether the rideshare driver was logged into the app and whether a passenger was in the car at the time of the accident. This will affect who may be liable.
4. Report the Accident
Notify the rideshare company through their app promptly. Uber and Lyft both have processes for reporting incidents.
5. Consult an Attorney
Rideshare accident claims can be complex due to overlapping insurance coverages and liability issues. Consulting an experienced attorney ensures your case is handled effectively.
How a Lawyer Can Help
Navigating the aftermath of a rideshare accident can feel overwhelming, but you don’t have to do it alone.
A skilled personal injury lawyer will:
- Investigate the accident to establish liability
- Communicate and negotiate with insurance companies on your behalf
- Ensure all deadlines and legal requirements are met
- Fight for fair compensation, including medical expenses, lost wages, and pain and suffering
At Rosner Law Offices, P.C., we understand the stress and uncertainty car accidents bring. Our compassionate team is here to shoulder the legal burden, so you can focus on recovering. With extensive experience in New Jersey personal injury law, we are dedicated to protecting your rights and pursuing the compensation you deserve.
Get Help From Car Accident Lawyers in New Jersey
Rideshare accidents often involve multiple layers of liability and insurance, making them far more complex than your average car accident. Determining who’s at fault can be tricky, but understanding the basics helps you take informed steps.
If you’ve been injured in a rideshare accident in New Jersey, don’t wait to seek help. Contact Rosner Law Offices, P.C. today for a free consultation, and let us help you move forward with confidence. We’ll guide you through every stage of the process with personalized care and unmatched expertise.
Call us now at (856) 502-1655 to schedule your consultation.