Toms River Uber and Lyft Accident Lawyers

Rideshare services like Uber and Lyft have transformed people’s travel, offering convenient and accessible transportation options. However, accidents involving these rideshare services can and do happen as with any vehicle. Understanding your rights and the legal options available is essential if you’ve been injured in an Uber or Lyft accident.

Who Is Liable if I am Injured in an Uber or Lyft Accident?

Determining liability in an Uber or Lyft accident can be more complicated than in regular car accidents because rideshare services involve multiple parties. If you were injured in an accident while using a rideshare service, several parties may be liable for your injuries, depending on the circumstances.

First, the rideshare driver may be held responsible if they were negligent or reckless while driving. This could include situations where they violated traffic laws, were distracted, or were driving under the influence. In this case, you may pursue compensation through the driver’s personal auto insurance or, in some cases, through Uber’s or Lyft’s insurance policies.

Second, if another driver caused the accident, that driver may be liable. In this scenario, you would typically file a claim against the at-fault driver’s insurance.

It’s also important to note that Uber and Lyft provide additional insurance coverage for accidents involving their drivers. These policies typically offer coverage when the rideshare driver is actively using the app, such as during a trip or while picking up a passenger. However, the amount and availability of coverage can depend on whether the driver was on duty or in between rides when the accident occurred.

What Insurance Coverage Applies if I am Injured in an Uber or Lyft Accident?

Uber and Lyft drivers are required to carry their own personal auto insurance. However, rideshare companies also provide supplemental insurance coverage when a driver is logged into the app and available for rides. Understanding how these different types of coverage work is key to ensuring you receive the compensation you may be entitled to.

Only the driver’s personal insurance coverage is applied when Uber or Lyft drivers are not using the app. If an accident occurs while the driver is not on duty, Uber’s or Lyft’s insurance will not cover the incident.

If the driver is logged into the app but has not yet accepted a ride, both Uber and Lyft provide third-party liability coverage. This insurance includes up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. The driver must be at fault for this coverage to apply.

Once the driver has accepted a ride and is on the way to pick up a passenger or transport someone, Uber and Lyft provide more extensive coverage. The coverage includes up to $1 million in third-party liability insurance and uninsured/underinsured motorist coverage if another driver who caused the accident does not have sufficient insurance.

Reviewing the specific details of your rideshare accident with an attorney is essential to determine which insurance policy applies to your situation.

What Should I Do Immediately After an Uber or Lyft Accident?

After an Uber or Lyft accident, your safety and well-being should be your top priority. Seek medical attention right away, even if you feel fine, as some injuries may not be immediately apparent. After ensuring your health is handled, report the accident to the rideshare company through their app. Both Uber and Lyft have procedures for reporting incidents, and doing so will help document the event.

Next, gather evidence from the scene. Take photos of the accident, any damage, and your injuries. If there were witnesses, ask for their contact information. In addition, maintain records of your communication with Uber, Lyft, or any insurance companies involved.

It is also important to contact the police. A police report can provide valuable evidence, especially if injuries or significant property damage occur.

Finally, speak with an attorney who can help you through the claims process and protect your legal rights.

Can I File a Claim Against Uber or Lyft Directly?

Generally, Uber and Lyft drivers are classified as independent contractors, so you cannot file a personal injury lawsuit against the rideshare company itself. However, Uber and Lyft provide substantial insurance coverage for accidents involving their drivers. If the accident occurred while the driver was logged into the app or transporting a passenger, the rideshare company’s insurance policy will likely cover your injuries up to the policy limits.

Filing a claim with Uber or Lyft’s insurance can be complex. The rideshare company’s insurer will investigate the accident, assess liability, and determine if the policy applies. If you are unsure of the coverage details or need help navigating the process, working with an attorney who can provide the necessary guidance is advisable.

What Types of Compensation Could Be Available After an Uber or Lyft Accident?

If you were injured in an Uber or Lyft accident, there are several types of compensation you may be able to recover. Medical expenses, including hospital bills, surgeries, rehabilitation, and any ongoing treatment required due to the accident, are typically covered. You may also be eligible to recover lost wages if your injuries prevented you from working and compensation for future lost earning capacity.

Pain and suffering may also be considered. This refers to the physical pain and emotional distress you have experienced as a result of the accident. The compensation for pain and suffering is often subjective and may depend on the severity of your injuries and how they affect your quality of life.

If your property was damaged in the accident, you may be able to recover costs for repairs or replacement. For example, if your vehicle or personal belongings were damaged, compensation for property damage may be available.

Each case is unique, and the types of compensation available will depend on the specific details of your accident and injuries.

What if the Uber or Lyft Driver Was Uninsured or Underinsured?

Uber and Lyft offer uninsured and underinsured motorist coverage, designed to protect passengers if the at-fault driver does not have adequate insurance. If the driver who caused the accident lacks sufficient insurance to cover your damages, Uber or Lyft’s uninsured/underinsured motorist policy will apply.

This coverage also applies if the rideshare drivers do not have proper insurance. You can file a claim with the rideshare company’s insurance to cover your injuries and damages in these cases. Uninsured and underinsured motorist coverage is particularly important in protecting passengers when other parties cannot fully compensate them for their losses.

Working with an attorney is critical in these situations, as navigating the insurance process and determining the applicable coverage can be challenging. Legal guidance can help ensure that all insurance options are explored and pursued appropriately.

The Toms River Uber and Lyft Accident Lawyers at Kitrick, McWeeney & Wells, LLC Understand the Legal Complexities of Rideshare Claims

Being involved in an Uber or Lyft accident can leave you with many questions and concerns about your legal rights. Working with an attorney can help you navigate the legal complexities of these cases. The Toms River Uber and Lyft accident lawyers at Kitrick, McWeeney & Wells, LLC are here for you.  Call us today at 732-920-8383 or fill out our online form for a free consultation.  With our offices located in Manasquan and Brick, New Jersey, we proudly serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.