New Jersey Uber & Lyft Rideshare Accident Lawyers

Rideshare services like Uber and Lyft have revolutionized transportation across the country. They're convenient, affordable, and widely used. However, accidents involving rideshare vehicles are more complex than typical car accidents due to the unique legal framework surrounding these services.

If you’ve been injured while you were a passenger in a rideshare vehicle in New Jersey—or if a rideshare vehicle hit your car or you were a pedestrian involved—this guide explains your rights, legal options, and the insurance systems involved. You’ll also learn why working with an experienced personal injury law firm can be essential to protecting your interests and securing fair compensation.

Below is a comprehensive guide on New Jersey law concerning rideshare vehicles, what to do if you get into an accident while riding in one, how the state’s insurance system functions, and why we are the firm to contact if you ever get into a rideshare vehicle-related accident.

New Jersey Law for Rideshare Accidents

In most personal injury cases, you must prove that someone was negligent in order to recover damages. However, New Jersey dog bite law is different. Under New Jersey law, a dog’s owner can be responsible for any dog bite injuries even if the dog had never shown prior signs of aggression. 

The Transportation Network Company Safety and Regulatory Act of 2017 governs how Transportation Network Companies (TNCs), such as Uber and Lyft, operate in New Jersey. The purpose of this law is to protect passengers and set minimum insurance requirements. Specifically, all TNCs must maintain specific insurance coverage depending on the status of the driver at the time of the accident.

Unlike taxi services, rideshare companies do not own or operate any vehicles. Drivers for rideshare companies are classified as independent contractors and not as employees. This limits the companies’ direct liability in many cases and usually means that these companies are usually not liable for a driver’s negligence. However, their commercial insurance coverage applies during certain periods. This is key in rideshare injury claims: you're usually not suing Uber or Lyft directly—you’re filing against the negligent driver.

In New Jersey, the statute of limitations for personal injury claims is generally 2 years from the date of the accident. This applies to bodily injury, pain and suffering, and wrongful death. Failing to file within this period may bar you from recovering any compensation. Exceptions can apply, especially if the injured party is a minor or mentally incapacitated. The statute of limitations for property damage is 6 years.

If you ever get into a car accident while in a rideshare vehicle, it is important to take the following actions as they can impact how much you recover later on:

• Gather information on the drivers involved including insurance information, license plates numbers, and phone numbers.
• Insist on obtaining a police report, regardless of what your driver says. A police report is essential if you want to be covered for insurance.
• Take screenshots of your rideshare app showing the time, route, driver’s name, and trip ID. Do not delete the app until we can preserve your data.
• Get the names and contact information of any bystanders who witnessed the accident.
• Limit what you say to the driver on the scene of the accident because your words can be used against you and devalue your claim.

Also, it is imperative that you call the company that your rideshare driver works for to ensure that they know that you were the victim of an accident while using their services.

Accidents can result in a variety of injuries, with some being highly severe. Some of the most frequently reported injuries include:

• Whiplash and soft tissue injuries
• Broken bones
• Concussions and traumatic brain injuries (TBI)
• Spinal cord damage
• Internal bleeding
• Psychological trauma (PTSD, anxiety)

Even “minor” accidents can cause long-term physical or emotional harm. For this reason, it is important to know how New Jersey’s insurance system works and the types of insurance coverage they may be entitled to for a rideshare accident.

While rideshare companies avoid liability by classifying drivers as contractors, you can sometimes sue them directly, especially if:

• Negligent Hiring or Supervision: The company knowingly allowed a driver with a criminal background or poor driving history onto their platform.

• App Malfunctions: The app’s GPS directed the driver to make a dangerous maneuver or caused distraction.

• Inadequate Safety Measures: A passenger is assaulted due to failure in background checks or security protocols.

• Failure to Assist After an Accident: If Uber or Lyft fails to respond adequately to reports of harm or emergency.

While not essential to your insurance claim, these are factors worth looking into. Courts have occasionally allowed these cases to proceed, but they are challenging and require experienced legal strategy.

A Guide to New Jersey’s Insurance System

The “No-Fault” Insurance Policy

New Jersey is a “no-fault” insurance state, meaning your own Personal Injury Protection (PIP) coverage usually pays your medical expenses regardless of who caused the accident. However, this can get complicated with rideshare accidents due to the additional insurance layers and potential liability claims.

The Transportation Network Company Safety and Regulatory Act mandates specific insurance requirements depending on the driver’s status. The types of statuses that a driver can have are broken down into “periods”:

• Period 0 – The driver is offline/not logged into the app and is using their car for personal reasons. If an accident occurs, only the driver’s  personal auto insurance applies and the company provides no coverage.
• Period 1 – The driver is online and has not accepted a request. The company provides limited liability coverage if an accident occurs.
• Period 2 – The driver has accepted a request and is heading to the passenger’s location. Here, the company can provide liability coverage, uninsured/underinsured motorist coverage, and/or contingent collision and comprehensive coverage.
• Period 3 – An accident occurs while a passenger is in the car. The same coverage is provided as in Period 2. This applies to passengers, other motorists, pedestrians, and cyclists injured in an accident during an active ride.

Once the type of period is established, we then move on to insurance. Your PIP coverage typically pays for medical bills, regardless of who is at fault. This rule applies even in rideshare cases if you have a valid NJ auto insurance policy. However, injured passengers in a rideshare vehicle may instead rely on the company’s PIP, liability and UM/UIM coverage, or New Jersey’s PIP hierarchy.

Liability insurance is insurance that pays for injuries and damages caused to others. Rideshare companies can provide over $1 million in liability coverage to passengers injured during an active ride period.

Uninsured/underinsured motorist coverage (UM/UIM) applies if the at-fault driver has no insurance or inadequate coverage. In New Jersey, rideshare companies can provide up to $1.5  million in UM/UIM coverage. This covers anyone injured during an active ride, regardless of whether they were a passenger or not.

New Jersey’s PIP hierarchy determines whose insurance applies in a personal injury case. If you're a passenger in a rideshare vehicle, the state looks at:

• (1) Your own PIP (if you own a car and have auto insurance)
• (2) A household member’s PIP (if applicable)
• (3) Rideshare company’s insurance
• (4) State-provided coverage (if none of the above apply)

For more serious injuries, especially those exceeding PIP limits or involving pain and suffering, you can step outside of the no-fault system and pursue a bodily injury liability claim against the at-fault party (including the rideshare driver or another motorist).

However, insurance companies may try to deny or minimize claims for injuries sustained during a rideshare accident. Even though rideshare companies advertise that they have strong coverage, insurance claims are not always straightforward. Common issues include:

• Denial of driver’s app status (e.g., claiming they were offline)
• Claiming the driver’s personal policy applies instead of Uber/Lyft
• Offering lowball settlements
• Delays in investigating or paying out the claim
• Disputes over severity of injuries

Other Factors to Consider and the Statute of Limitations

Not all accidents are the same, with some being more complex than others. In these cases, there could be multiple factors in play that affect how much you can recover from an accident. Some of these factors include:

• Rideshare driver (negligent driving behavior)
• Other drivers (recklessness, DUI, drugs)
• Third-party factors (road defects, defective car parts)
• Rideshare company (common-carrier duty, negligent hiring/training)

Additionally, New Jersey uses modified comparative negligence, in which your recovery is reduced by your share of fault—but if you're over 50% at fault, you get nothing. That’s why building an airtight case is vital.

With correct documentation and legal backing, there are several types of compensation that you can recover:

• Medical expenses, current and future
• Lost wages and future earning capacity
• Property damage, including your personal belongings
• Pain and suffering, mental anguish, and loss of enjoyment of life
• Scarring or permanent impairment
• Punitive damages—if the driver violated laws (e.g. DUI, texting behind the wheel)
• Wrongful death (in fatal accidents)

Lastly, it is important to recover beyond PIP, you must meet the verbal threshold: serious injury like displaced fractures, permanent harm, etc. If you ever get into an accident, act quickly. Evidence disappears, and insurers often push for early, lowball settlements.

Frequently Asked Questions (FAQs)

Can I sue Uber or Lyft directly?

Not usually. Uber and Lyft drivers are considered independent contractors, not employees. This limits your ability to sue the company directly, but you can access their commercial insurance policies.

Do I need a lawyer if I have insurance?

Yes. Insurance companies, even your own, may offer less than you deserve. A lawyer ensures you receive the full value of your claim, including non-economic damages like pain and suffering.

What if the rideshare driver wasn’t at fault?

You can still seek compensation from the at-fault driver’s insurance, and in many cases, additional coverage through UM/UIM.

What if another driver hit my Uber or Lyft?

You can file a claim against the third-party driver’s insurance, and Uber/Lyft’s UM/UIM policy may also kick in if that driver is uninsured or underinsured.

How long will my case take?

Many rideshare injury claims are resolved in 6–12 months, but cases involving serious injuries or litigation may take several years.

Why You Should Choose Scura After a Rideshare Accident

During the settlement and litigation process, rideshare companies and their insurers will use a variety of tactics to see that you do not get what you are owed. Despite what the policy limits suggest, rideshare companies and third-party insurers routinely:

• Delay or deny claims under the guise of procedural issues.
• Dispute medical necessity, arguing that your injures aren’t crash-related or serious.
• Point fingers at you, claiming comparative fault.
• Rush you into lowball settlement offers before you fully understand the scope of your injuries and other damages.

Here’s where having a law firm that specializes in personal injury is important. Our talented team of attorneys at Scura, Wigfield, Heyer, Steves & Cammarota anticipate these tactics and craft strategies to fight back.

Here at Scura, Wigfield, Heyer, Stevens & Cammarota, we specialize in personal injury cases, including those that involve accidents in rideshare vehicles. We know how to navigate complex insurance policies to ensure that you get the maximum compensation you deserve. Our team of skilled attorneys will work, negotiate, and even litigate, to see that you get what you are owed.

Our clients always come first. We offer free consultation and work on a contingency fee basis. That means that you pay nothing unless we win for you in a settlement or in court. Furthermore, we treat every client with compassion and respect, offering direct access to your attorney and frequent case updates.

If you or a loved one has been injured in a rideshare accident in New Jersey, don’t navigate this complex legal landscape alone. Our team is here to fight for your rights and maximize your recovery. Call us today at (973) 696-8391 or visit our website for a free consultation.

Rideshare accidents introduce unique legal and insurance challenges that make having an experienced personal injury attorney essential. We’ll help you understand your legal options and provide the trusted guidance you need to move forward with confidence.