How to Handle a Rideshare Accident if You Are Partially at Fault in NJ

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Rideshare services like Uber and Lyft are a popular and convenient mode of transportation, but accidents involving these vehicles can introduce legal and insurance complexities. When partial fault is involved, understanding your rights and responsibilities under New Jersey’s comparative negligence laws becomes critical. This guide explores the nuances of rideshare accidents in New Jersey, providing actionable steps and insights to protect your rights and secure fair compensation.

 

Understanding Fault in Rideshare Accidents

What Is Comparative Negligence in NJ?
New Jersey’s comparative negligence model assigns fault among the parties involved in an accident. This model ensures that each party is responsible only for the damages proportional to their degree of fault.

For instance:

• If you are found 30% at fault for an accident, you can still recover 70% of the total damages.
• However, if you are 50% or more at fault, New Jersey law prohibits you from recovering damages.

This legal framework encourages fair fault allocation and ensures that responsibility is shared appropriately among those involved. However, proving your level of fault requires thorough evidence collection and legal expertise.

Partial Fault in Rideshare Accidents

In rideshare accidents, fault may not rest solely on the rideshare driver. It can be shared among multiple parties, including:

• The rideshare driver: For actions like speeding, distracted driving, or running a red light.
• Another motorist: For failing to yield, driving under the influence, or other reckless behavior.
• Passengers: Rarely, passengers may contribute to an accident by distracting the driver or interfering with vehicle operations.
• Pedestrians or cyclists: If jaywalking or failing to adhere to traffic rules.

Proving partial fault often involves collecting evidence such as dashcam footage, witness statements, or traffic camera records. An experienced attorney can help establish a clear case to minimize your fault percentage and maximize your compensation.

 

Insurance Considerations for Rideshare Accidents

Rideshare Driver Insurance Coverage

Insurance coverage for rideshare drivers depends on the period of the rideshare cycle:

1. Period 1: The app is on, but no ride has been accepted. Limited coverage is available:
   • $50,000 per person for bodily injury
   • $100,000 per accident for bodily injury
   • $25,000 for property damage
2. Period 2: A ride has been accepted, but passengers have not yet been picked up. Full coverage of up to $1 million applies.
3. Period 3: Passengers are in the vehicle, and the same $1 million coverage continues to apply.

Drivers should also have personal auto insurance, but many personal policies exclude coverage for commercial activity like rideshare driving. This creates potential gaps, which Uber and Lyft’s policies are designed to cover—but only under specific circumstances.

Passenger Rights and No-Fault Insurance

As a passenger, you are protected under New Jersey’s no-fault insurance laws, which provide immediate medical expense coverage, regardless of fault. This includes:

• Emergency room visits
• Diagnostic tests
• Rehabilitation and therapy
• Some lost wages

However, recovering damages for pain, suffering, or long-term disability often requires proving fault. If the rideshare company’s insurance doesn’t fully compensate your losses, an attorney can help you pursue additional claims.

 

What to Do After a Rideshare Accident

Steps to Report an Accident

Taking the correct steps after a rideshare accident ensures your rights are protected and strengthens your case:

1. Check for Injuries: Prioritize your health and safety, and seek immediate medical attention if necessary.
2. Call 911: Reporting the accident to the police creates an official record, which is essential for insurance and legal purposes.
3. Document the Scene:
   • Take photos of the vehicles, license plates, damage, and surrounding area.
   • Collect names and contact information of witnesses.
   • Note weather and road conditions.
4. Inform the Rideshare Company: Use the in-app reporting feature to notify Uber or Lyft of the accident.
5. Save All Receipts: Keep track of medical expenses, repair bills, and any other costs associated with the accident.

How to File an Insurance Claim

Filing an insurance claim after a rideshare accident can be overwhelming, but following these steps will simplify the process:

1. Contact Your Insurance Provider: Notify your insurer and discuss whether your personal policy provides coverage for rideshare incidents.
2. File a Claim With Uber or Lyft: If the rideshare driver was at fault, the company’s insurance policy should cover your damages.
3. Seek Legal Assistance: If your claim is denied or delayed, or if multiple parties are involved, a lawyer can help you navigate the process and ensure fair compensation.

 

Common Problems in Rideshare Accident Cases

1. Disputes Over Fault Allocation
   Multiple parties may argue over their degree of fault, delaying the claims process.
2. Insurance Gaps
   Rideshare drivers’ personal insurance policies often exclude coverage for accidents occurring during commercial activity.
3. Claim Denials by Uber or Lyft
   Insurance companies may deny claims for various reasons, requiring legal action to resolve.
4. Unclear Legal Responsibilities
   Passengers, pedestrians, and other drivers may struggle to determine who is responsible for covering damages.

Quick Explainer: Key Legal Terms

• Comparative Negligence: A system where fault is divided among parties, affecting their ability to recover damages.
• No-Fault Insurance: Insurance that covers medical expenses regardless of fault.
• Liability Insurance: Coverage for damages caused by the at-fault party.

 

Frequently Asked Questions About Shared Fault in NJ Rideshare Accidents

Can I recover damages if I’m partially at fault?
Yes, as long as your fault is below 50%. New Jersey’s comparative negligence rules allow you to recover damages reduced by your fault percentage.

What if the rideshare driver was not logged into the app?
If the driver was not logged into the app at the time of the accident, Uber or Lyft’s insurance policy will not apply. You would need to pursue a claim through the driver’s personal insurance policy, which may or may not cover commercial activities like rideshare driving.

What if my claim is denied by the rideshare company’s insurance?
If your claim is denied, consult a lawyer immediately. A lawyer can review your case, identify gaps in the insurance coverage, and help you take legal action to recover damages.

Can I sue Uber or Lyft directly?
In most cases, you cannot sue Uber or Lyft directly because drivers are classified as independent contractors. However, exceptions may apply if the company’s negligence contributed to the accident, such as failing to conduct proper background checks on a driver.

How long do I have to file a claim?
In New Jersey, the statute of limitations for personal injury claims is two years from the date of the accident. Failing to file within this timeframe can bar you from recovering damages.

 

Contact The Epstein Law Firm, P.A., Today

If you’ve been involved in a rideshare accident in New Jersey, don’t navigate the legal complexities alone. Consult an experienced personal injury attorney to ensure your rights are protected, your fault percentage is minimized, and you receive the compensation you deserve. Contact The Epstein Law Firm, P.A., today to explore your legal options and take the next step toward resolving your case.