Who Pays Injury Medical Expenses When Injured in Uber or Lyft Accident in NJ?
Francis M. Smith, Esq. offers insight on the laws surrounding ride-share accidents
MOUNTAINSIDE, N.J., May 21, 2018 /PRNewswire/ -- New Jersey's laws regarding liability in car accidents involving ride-sharing services such as Uber and Lyft differ from liability for taxi cabs, or when riding as a passenger in a friend's car.
Under the "Transportation Network Company Safety and Regulatory Act (A-3695/S-2179)" legislation, which became effective May 1, 2017, companies such as Uber and Lyft must carry commercial insurance policies with $1.5 million coverage limits, which would cover a passenger's injuries when the ride-share driver was at fault for the accident, or when the at-fault driver of another vehicle is uninsured or carries insufficient liability coverage to fully compensate the injured passenger. In this way, the policy functions similarly to both liability coverage and uninsured/underinsured motorist (UM/UIM) coverage. In cases when an Uber or Lyft vehicle is involved in an accident caused by another driver, the ride-share passenger is able to seek compensation from that motorist's auto insurance without the restrictions that otherwise limit an injury victim's ability to sue for damages under New Jersey's no-fault laws.
This legislation comes as a welcome change for customers of these ride-share apps. Prior to this New Jersey law, transportation network companies (TNCs) such as Lyft and Uber generally only provided basic injury coverage for the drivers who contracted with them, and no coverage for their paying passengers. (Note https://www.franksmithlaw.com/nj-car-insurance-buyers-guidethat this remains the case in any jurisdiction that has not passed legislation similar to New Jersey's, so if you find yourself traveling out of state, it's worth checking the laws governing TNCs in your area.) If the driver's private auto insurance policy had lapsed, or their insurance company refused to cover injuries resulting from an accident that took place while the vehicle was being used for commercial purposes, the unlucky passenger may have found him- or herself without any avenue for pursuing injury compensation. While many customers appreciate the convenience and affordability of ride-sharing in contrast with traditional taxi and livery services, the risk of being forced to shoulder the full financial burden of a serious injury caused by someone else's carelessness is not a price that anyone should be required to pay. Riders of Uber and Lyft services in New Jersey no longer have to take on that risk.
If involved in an Uber or Lyft accident, you can best protect yourself by calmly documenting what has happened:
- Record your driver's name, phone numbers, and email, and auto insurance details>
This may be done more easily with a smartphone by taking photos of the driver's license and insurance card, then also noting phone number and email. - Record the name, phone numbers, and email of the driver(s) of other vehicles involved in the accident, as well as their auto insurance details
- Record names, phone numbers, and email of any eye witnesses
- Photograph the Uber or Lyft vehicle, and other vehicles involved in the accident, as well as the accident scene
- Save a screenshot of your ride receipt
- Contact the police to file an official report
- Accept and obtain medical assistance for any injuries
Having this information will prove valuable if you subsequently suffer from medical issues resulting from the accident and need to consult a personal injury attorney.
About Francis M. Smith, NJ Personal Injury Attorney
Francis M. Smith, Esq. handles all types of personal injury cases involving motorcycle, truck, or car accidents, bicycle accidents and accidents resulting from negligence throughout northern NJ. More information is available at: http://www.FrankSmithLaw.com
Francis M. Smith, Esq.
908 233-5800
Cell: (908) 337-5888
[email protected]
SOURCE Francis M. Smith, Esq., NJ Personal Injury Attorney
Share this article