Can You Sue Uber and Lyft After an Accident in New Jersey?

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Uber and Lyft have transformed transportation, offering fast and convenient options. However, when a rideshare vehicle is involved in a crash, legal complexities arise regarding who is liable, who to sue, and whose insurance covers damages. In New Jersey, the answer largely depends on when the accident occurred and what the driver was doing on the app.

When Uber or Lyft’s Insurance Applies

Rideshare crashes are governed by different coverage levels, often referred to as “periods,” based on the driver’s app status. Understanding Uber and Lyft insurance policies is crucial for NJ accidents.

• App off: Only the driver’s personal insurance applies. Uber or Lyft are not involved.
• App on, waiting for ride (Period 1): Limited Uber/Lyft liability coverage applies, typically $50,000 per person, $100,000 per crash, and $25,000 for property damage.
• Ride accepted or passenger in car (Periods 2 & 3): High-level Uber/Lyft coverage applies, often up to $1 million or more, including additional injury protections.

If you were injured while the driver was en route to pick you up or actively transporting you, the rideshare company’s higher coverage limits generally apply.

What to Do Right After a Rideshare Accident

Taking specific steps to take if your Uber or Lyft driver causes an accident in New Jersey can protect your health and your legal claim. Even if you’re unsure about injuries, follow these steps as adrenaline can mask symptoms:

• 1. Get medical help: Your safety is paramount. Call 911 if immediate medical attention is necessary.
• 2. Call the police: Obtain an official accident report, which serves as critical evidence.
• 3. Document the scene: Take photos of vehicles, injuries, road conditions, and screenshots of the rideshare app displaying the trip status.
• 4. Exchange information: Collect contact, vehicle, insurance details from the driver and any witnesses.
• 5. Report the crash in the app: Utilize Uber and Lyft’s built-in accident reporting tools.

Who Can You Sue After a Rideshare Accident?

Every rideshare accident case is unique, but several parties could potentially be held responsible. When considering filing a lawsuit against a rideshare driver in New Jersey, potential defendants may include:

• The rideshare driver.
• Another driver who contributed to or caused the crash.
• Uber or Lyft (under specific, limited circumstances).

Can you sue Uber or Lyft directly? Sometimes, but not always. Rideshare companies typically classify their drivers as independent contractors, which often leads them to argue they are not directly responsible for driver actions. However, you may be able to sue the company directly if there is evidence of:

• Negligent hiring or screening practices.
• Failure to remove unsafe drivers from their platform.
• App-related distractions that contributed to the crash.

A qualified rideshare injury lawyer can analyze the specifics of your case to determine whether a direct lawsuit against Uber or Lyft is viable and makes strategic sense.

How Fault Is Determined in a Rideshare Accident

Proving what happened and establishing fault is a critical step in a rideshare accident claim. Multiple sources of evidence are used to build a comprehensive picture:

• Police reports documenting the scene and initial findings.
• Statements from witnesses who observed the accident.
• Dashcam footage or surveillance video, if available.
• Rideshare app data, which can show the driver’s trip status and activity.
• Photos of vehicle damage, injuries, and the accident scene.

The core principle is proving negligence: that a party acted carelessly or unreasonably, leading directly to your injuries. A lawyer helps secure and preserve crucial evidence quickly, especially digital records, before they are lost or overwritten.

Filing a Lawsuit Against Uber, Lyft, or the Driver

Navigating the legal system after a rideshare accident involves several stages. Understanding will Uber compensate you for an accident is a key part of this process.

• Case review: An attorney assesses what happened and identifies responsible parties.
• Evidence gathering: Collecting app data, medical records, police reports, and potentially crash reconstruction data.
• Insurance claim: Negotiating with the rideshare company’s insurers and personal auto insurers.
• Filing a lawsuit: If fair compensation cannot be reached through negotiation, a formal lawsuit is filed.
• Discovery: Both sides exchange evidence and conduct depositions (questioning witnesses under oath).
• Negotiation or trial: Most personal injury cases settle out of court, but proceeding to trial is an option if a fair settlement is not achieved.

In New Jersey, you generally have two years from the date of the accident to file a personal injury lawsuit, known as the statute of limitations. However, delaying action can negatively impact your case.

How The Epstein Law Firm Helps

When you’re injured in a rideshare crash, you need strong legal representation to protect your future. The Epstein Law Firm is dedicated to guiding clients through these complex cases, ensuring you understand how to choose the right lawyer for a rideshare accident case in New Jersey and receive the support you need.

• Investigating the crash details and rideshare app data comprehensively.
• Identifying all potential sources of insurance coverage.
• Negotiating skillfully with corporate insurance adjusters.
• Preparing every case meticulously, as if it will proceed to trial.
• Fighting aggressively for full compensation for all damages, including medical bills, lost income, and pain and suffering.

Our goal is to handle the intricate legal aspects so you can concentrate on your recovery.

Speak With a New Jersey Rideshare Accident Attorney

Rideshare accidents can be overwhelming due to confusing insurance policies, corporate resistance, and experienced legal teams from the rideshare companies. You don’t have to face these challenges alone.

At The Epstein Law Firm, we advocate for injured passengers, rideshare drivers, and anyone harmed by a rideshare vehicle in New Jersey. We offer a free consultation with no upfront fees, operating on a contingency basis – meaning we only get paid if we win your case. Reach out today to discuss your options and protect your rights.