A Pedestrian Doesn’t Know They’re About to Be Hit by a Lyft. The Law Shouldn’t Expect Them To.

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Michael J. Epstein’s commentary, “A Pedestrian Doesn’t Know They’re About to Be Hit by a Lyft. The Law Shouldn’t Expect Them To,” examines the New Jersey Appellate Division’s decision in Boone v. Unsatisfied Claim and Judgment Fund and its implications for pedestrians injured by rideshare vehicles.

The case involved an uninsured pedestrian who was struck by a Lyft driver actively transporting a passenger. The insurer argued that a policy issued under New Jersey’s Transportation Network Company Act did not require it to provide Personal Injury Protection (PIP) medical benefits to the pedestrian. The Appellate Division disagreed, considering New Jersey’s insurance laws together and concluding that pedestrian PIP benefits were required.

Epstein explains why the decision matters as transportation technology and business models continue to evolve. He emphasizes that pedestrians have no control over, or knowledge of, the insurance arrangements covering vehicles around them. In his analysis, access to medical benefits should not depend on whether the vehicle that caused an injury was being used for personal transportation, ridesharing, or another app-based service.

The commentary also highlights the broader purpose of New Jersey’s no-fault system: allowing medical care to proceed while disputes over insurance responsibility are resolved separately.

Read the full coverage here.

 

The Epstein Law Firm continues its work addressing legal issues affecting injured individuals in New Jersey.