Getting hit by an Uber or Lyft driver can feel overwhelming. You’re dealing with injuries, insurance companies, and a rideshare company with deep pockets and lawyers ready to minimize your claim. New Jersey’s rideshare laws add layers of complexity that most accident victims don’t understand.
Important: This Applies to You Even If You Weren’t a Passenger
Were you hit by an Uber or Lyft while:
- Driving your own car?
- Walking across the street?
- Riding your bicycle?
- Stopped at a red light?
You need to read this article. Many people think rideshare insurance only covers passengers inside the Uber or Lyft. That’s completely wrong. If an Uber or Lyft driver hits you and they had a passenger or were heading to pick one up, you may have access to their $1.5 million insurance policy for your injuries.
This is critical information most accident victims never learn until it’s too late. Insurance companies won’t volunteer this information. In fact, they’ll actively try to hide it from you to avoid paying for the larger policy.
The single most important question: Was the driver working when they hit you? If yes, you have rights and coverage most people don’t know exist.
Don’t wait to find out if you have a claim. Call The Grossman Law Firm at (866) 381-5681 for a free consultation. We’ll review your accident details and tell you exactly what insurance coverage applies to your situation. No cost, no obligation, just answers from New Jersey’s top-rated rideshare accident attorneys.
Immediate Steps After Being Hit by an Uber
Your actions in the minutes and hours after a rideshare accident can make or break your injury claim. Here’s what you need to do:
At the Scene
Call 911 immediately. Even if you don’t think you’re seriously hurt. Some injuries, like concussions, internal bleeding, and soft tissue damage, don’t show symptoms right away. The adrenaline from the crash masks pain. Get checked out.
Get the police report. New Jersey police reports document the scene, who was involved, and preliminary fault determinations. This becomes crucial evidence later.
Document everything with your phone:
- Photos of all vehicles and their damage
- License plates of all vehicles
- Street signs and traffic signals
- Skid marks or debris
- Your visible injuries
- The exact accident location
Collect driver information:
- The rideshare driver’s name and phone number
- Their insurance information
- Ask which rideshare company they drive for (Uber, Lyft, or both)
- Critical: Ask if they were logged into the app and if they had a passenger
That last point matters more than you might think. New Jersey law requires different insurance coverage depending on the driver’s status. You need to establish this immediately.
Get witness information. Anyone who saw the crash can corroborate your version of events. Get names and phone numbers.
Don’t Talk to Insurance Adjusters Yet
The rideshare company’s insurance adjuster will contact you quickly. They’ll seem friendly and helpful. They’re not on your side. Their job is to get you to say something that reduces your claim value or eliminates it entirely.
Don’t give recorded statements. Don’t sign anything. Don’t accept any settlement offer. Talk to an attorney first.
Understanding New Jersey’s Rideshare Insurance Law
New Jersey passed the Transportation Network Company Safety and Regulatory Act in 2017 (N.J.S.A. 39:5H-1 et seq.). This law established specific insurance requirements for Uber, Lyft, and other rideshare companies operating in the state.
The insurance coverage depends on the driver’s status at the time of the accident:
Period 0: App Off (Driver’s Personal Insurance)
When the rideshare driver’s app is completely off, they’re just a regular driver. Their personal auto insurance should cover the accident. Uber and Lyft have no liability.
The problem? Many personal auto policies exclude coverage when the vehicle is being used for commercial purposes. Even if the app was off at the time of the crash, some insurance companies will deny claims if they learn the driver works for Uber or Lyft.
Period 1: App On, Waiting for a Ride Request
Under N.J.S.A. 39:5H-10(b), when a driver is logged into the app but hasn’t accepted a ride yet, minimum coverage is:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
- Personal injury protection (PIP) benefits
- Uninsured/underinsured motorist coverage
This coverage is contingent. The rideshare company’s insurance only kicks in if the driver’s personal policy doesn’t cover the accident or has lapsed.
Period 2 & 3: Driver Accepted Ride or Has Passenger
This is when substantial coverage applies. Under N.J.S.A. 39:5H-10(c), rideshare companies must provide:
- $1.5 million primary automobile liability insurance for death, bodily injury, and property damage
- $10,000 medical payments per person (for the driver only)
- $1.5 million uninsured/underinsured motorist coverage
This coverage starts the moment a driver accepts your ride request and continues until you exit the vehicle and they complete the trip in the app.
Important: N.J.S.A. 39:5H-10(d) states that if the driver’s insurance has lapsed or doesn’t provide required coverage, the rideshare company’s insurance must cover the claim “beginning with the first dollar” and has a duty to defend.
The Verbal Threshold Exception
New Jersey normally requires you to meet the “verbal threshold” to sue for pain and suffering after a car accident. This means proving permanent injury.
However, N.J.S.A. 39:5H-10(j) eliminates this limitation for rideshare accidents during prearranged rides. You can sue for pain and suffering without proving permanent injury if the driver had accepted a ride or was transporting a passenger.
This makes rideshare accident claims potentially more valuable than regular car accident claims in New Jersey.
Why These Cases Are More Complex Than Regular Car Accidents
Multiple Insurance Policies May Apply
A typical rideshare accident can involve:
- The rideshare driver’s personal auto insurance
- The rideshare company’s contingent coverage
- The rideshare company’s $1.5 million commercial policy
- Your own auto insurance (PIP and UM/UIM)
- Other drivers’ insurance policies if multiple vehicles were involved
Each insurer will try to argue that a different policy should pay. They’ll all point fingers at each other while you wait for medical bills to get paid.
Rideshare Companies Fight Hard
Uber and Lyft classify drivers as independent contractors, not employees. This is their primary defense strategy. They’ll argue they’re just a technology platform connecting riders with drivers, not a transportation company.
New Jersey courts have pushed back on this argument, but these companies have unlimited resources and aggressive legal teams. They use delay tactics, lowball settlement offers, and force arbitration when possible.
In the 2024 case McGinty v. Jia Wen Zheng, a New Jersey court forced Uber passengers into arbitration instead of allowing a jury trial. Attorney Scott Grossman stays current on these legal developments to protect your rights and find strategies to get around arbitration clauses when possible.
Determining the Driver’s Status Can Be Difficult
Insurance coverage hinges on whether the driver was logged into the app and whether they had accepted a ride. Drivers sometimes lie about their status to avoid liability or insurance premium increases. The rideshare company may not provide accurate information.
We use subpoenas to get the driver’s app records directly from Uber or Lyft. This shows exactly when they logged in, when they accepted rides, and when rides ended. This evidence is often the difference between a $50,000 claim and a $1.5 million claim.
What Damages Can You Recover?
New Jersey law allows you to recover several types of compensation:
Economic Damages
- All medical expenses (emergency room, surgery, hospitalization, rehabilitation, future medical care)
- Lost wages from missing work
- Lost earning capacity if you can’t return to your previous job
- Property damage to your vehicle
- Out-of-pocket expenses related to your injuries
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium (for spouses)
Remember, the verbal threshold doesn’t apply to prearranged rides. You don’t need to prove permanent injury to recover pain and suffering damages.
How Much Is Your Case Worth?
Case values depend on:
- Injury severity. Permanent injuries and those requiring surgery have higher values.
- Medical expenses. Higher medical bills generally correlate with more serious injuries and higher settlements.
- Lost income. If you missed significant work or can’t return to your career, your claim is worth more.
- Liability strength. Clear fault increases settlement value. Shared fault reduces it under New Jersey’s comparative negligence law.
- Insurance coverage available. The $1.5 million policy for prearranged rides provides much more recovery potential than the lower Period 1 coverage.
Common Rideshare Accident Scenarios
You Were a Passenger in the Uber or Lyft
You have the strongest claim. The rideshare company’s $1.5 million policy covers you regardless of who caused the accident. You can pursue claims against:
- The rideshare driver, if they caused the crash
- The other driver, if they were at fault
- Both, if they share fault
- The rideshare company’s insurance in any scenario
Your own PIP coverage from your personal auto policy may also cover medical bills.
You Were Driving Another Vehicle: What Many Victims Don’t Know
Here’s what most people don’t realize: If an Uber or Lyft driver hits your car, you may have access to their $1.5 million insurance policy even though you weren’t a passenger. Many accident victims assume rideshare insurance only covers people riding in the Uber or Lyft. That’s wrong.
The key question: Did the driver have a passenger, or were they heading to pick one up?
If yes, you can pursue the rideshare company’s $1.5 million policy for your injuries and property damage. This is huge. Most regular drivers only carry New Jersey’s minimum liability coverage of $25,000. The difference between a $25,000 recovery and access to $1.5 million can be life-changing when you have serious injuries.
What you need to do at the scene:
Ask the rideshare driver directly: “Do you have a passenger?” or “Were you on your way to pick someone up?” Their answer matters more than you realize. Get their response on your phone’s voice recorder if possible.
Look for clues:
- Phone mounted on dashboard with Uber or Lyft app visible
- Rideshare company sticker on the windshield or rear window
- Someone in the back seat (obvious passenger)
- The driver seems rushed or mentions being “on a ride.”
Get this critical information:
- The driver’s name, phone number, and insurance card
- Take photos of their license, registration, and insurance card
- Screenshot or photograph any rideshare app visible on their phone or dashboard
- Ask which company they drive for: “Is this your Uber car? Your Lyft car? Both?”
- Write down exactly what they say about whether they were on duty
Why this matters: Insurance companies will try to claim the driver was off-duty to avoid paying under the $1.5 million policy. Your documentation from the scene becomes crucial evidence. We can subpoena the driver’s app records, but your contemporaneous notes and photos strengthen your case immediately.
When the Uber/Lyft driver was clearly at fault:
If the rideshare driver caused the accident and had a passenger or was en route to pick one up, you have a strong claim against their commercial insurance. Under N.J.S.A. 39:5H-10(c), that $1.5 million policy must cover:
- All your medical expenses
- Your lost wages
- Your property damage
- Your pain and suffering
- Any permanent injuries
You’re not limited by the verbal threshold that applies to some New Jersey accident cases. You can sue for full compensation.
What if the Uber driver wasn’t at fault?
This gets complicated, but you still have options. Let’s say another driver caused the accident, and that driver’s insurance doesn’t cover all your damages. Or worse, they have no insurance or minimal coverage.
The rideshare company’s $1.5 million uninsured/underinsured motorist coverage may cover your damages. N.J.S.A. 39:5H-10(c)(3) requires rideshare companies to maintain $1.5 million in UM/UIM coverage when drivers are on active rides.
Example scenario: You’re driving through an intersection. Another driver runs a red light and hits both your car and an occupied Uber at the same time. The at-fault driver only has $25,000 in coverage. Your medical bills alone are $150,000. Uber’s UM/UIM policy may cover your shortfall, even though the Uber driver didn’t cause the accident.
What if the driver was just waiting for a ride request?
If the driver was logged into the app but hadn’t accepted a ride yet, coverage drops to $50,000 per person and $100,000 per accident. This is still better than many personal policies, but it’s not the $1.5 million policy.
What if the driver was completely off-duty?
You’re dealing with their personal auto insurance. Many rideshare drivers have minimal coverage. Some personal policies exclude coverage for commercial activity, creating insurance gaps.
Why you need a law firm with rideshare accident experience:
Most people don’t realize these cases are completely different from normal car accidents. The average personal injury lawyer may not know:
- How to prove the driver’s duty status at the exact moment of impact
- How to subpoena app records from Uber or Lyft
- How to navigate the three coverage periods under New Jersey law
- How to pursue UM/UIM coverage from rideshare policies
- How to fight insurance companies that claim the driver was off-duty
The Grossman Law Firm has successfully handled these exact scenarios. We know how to establish duty status, access the higher coverage limits, and fight insurance companies that try to minimize claims.
You Were a Pedestrian or Cyclist: Your Rights Are Strong
Pedestrians and cyclists hit by rideshare drivers face devastating injuries. You had zero protection when thousands of pounds of metal struck you. But you have powerful legal rights in New Jersey.
Important: The same insurance rules apply to you. If the Uber or Lyft driver who hit you had a passenger or was heading to pick one up, that $1.5 million policy covers your injuries. You don’t need to be inside the vehicle to benefit from rideshare insurance.
What makes your case different:
No verbal threshold. New Jersey law favors pedestrians and cyclists. You can sue for pain and suffering without proving permanent injury, making your claim potentially more valuable than car occupant claims that don’t involve rideshare vehicles.
Higher duty of care. Drivers owe pedestrians and cyclists an extremely high duty of care. Courts recognize you’re vulnerable road users. This strengthens liability arguments.
Severe injuries are common. Pedestrian and cyclist injuries tend to be catastrophic:
- Traumatic brain injuries from head impact with pavement
- Spinal cord damage causing paralysis
- Multiple broken bones
- Internal organ damage
- Road rash requiring skin grafts
- Permanent scarring and disfigurement
These injuries justify significant compensation, and the $1.5 million rideshare policy provides the coverage to make you whole.
What you need to document:
Since you can’t exchange information with the driver from the roadside, police involvement is critical. Call 911 immediately, even if the driver tries to convince you you’re fine.
The police report must document:
- Whether the driver stated they were working for Uber or Lyft
- Whether a passenger was in the vehicle
- Any rideshare company markings on the vehicle
- The driver’s insurance information
- Witness statements about what happened
Get witness information yourself if you’re able:
- Anyone who saw the accident
- Anyone who heard the driver mention being “on a delivery” or “picking someone up”
- Nearby business surveillance cameras that may have captured the incident
Why rideshare companies fight pedestrian and cyclist claims:
These cases have high value because injuries are severe. Insurance companies know they face large payouts. They’ll investigate aggressively, looking for any reason to deny or minimize your claim:
- They’ll claim you stepped into traffic suddenly
- They’ll argue you were jaywalking or not in a crosswalk
- They’ll say the driver couldn’t have avoided you
- They’ll try to prove the driver was off-duty to access lower coverage limits
You need an attorney who has handled these specific cases. Grossman Law understands the unique challenges pedestrians and cyclists face. We work with accident reconstruction experts who can prove exactly what happened, even when there’s a dispute about fault. Our experience with rideshare insurance rules means we know how to establish the driver’s duty status and access the full $1.5 million policy.
One client shared, “After I was hit by an Uber while crossing the street, their insurance company tried to blame me. Scott Grossman’s team brought in experts who proved the driver ran a red light. We recovered full compensation for my injuries.”
Multi-Vehicle Accidents
When multiple vehicles are involved, determining fault becomes complex. New Jersey uses comparative negligence, which means your recovery is reduced by your percentage of fault. If you’re found 20% at fault, your damages are reduced by 20%.
Rideshare accidents often involve multiple policies from multiple insurance companies. An experienced attorney can pursue all available coverage sources to maximize your recovery.
The Claims Process: What to Expect
Initial Investigation
Your attorney will:
- Obtain the police report
- Get the rideshare driver’s app records through discovery
- Review your medical records
- Interview witnesses
- Hire accident reconstruction experts if needed
- Document all your injuries and how they’ve impacted your life
Demand and Negotiation
Once you’ve reached maximum medical improvement (or it’s clear you’ll have permanent injuries), your attorney sends a demand letter to the insurance company. This includes:
- A detailed explanation of how the accident happened and why their insured is liable
- Complete medical records and bills
- Documentation of lost wages
- Expert reports if needed
- A demand for a specific dollar amount
The insurance company will respond with a counteroffer. Negotiation begins. Many cases settle at this stage.
Filing a Lawsuit
If settlement negotiations fail, your attorney files a lawsuit. This starts the formal legal process, including:
- Discovery: Both sides exchange information, take depositions, and request documents
- Mediation: A neutral third party tries to help both sides reach a settlement
- Trial: If mediation fails, your case goes before a jury
Most cases settle before trial, but you need an attorney who’s ready and willing to go to trial. Insurance companies pay more when they know your lawyer has trial experience. Scott Grossman’s track record includes the $992,470 jury verdict, which shows insurance companies he’ll fight for full value at trial.
Timeline
Simple cases with clear liability and modest injuries may settle in 6-12 months. Complex cases with severe injuries, disputed liability, or multiple defendants can take 2-3 years or longer.
Don’t let this timeline discourage you. Your attorney can often negotiate advance payments for medical bills through letters of protection with healthcare providers. This lets you get treatment while your case proceeds.
Statute of Limitations: Don’t Wait Too Long
New Jersey’s statute of limitations for personal injury claims is two years from the date of the accident. N.J.S.A. 2A:14-2 is clear on this deadline.
If you don’t file your lawsuit within two years, you lose your right to compensation forever. The insurance company can simply refuse to pay, and the court will dismiss your case.
Important exceptions:
- Claims involving minors have different rules
- Discovering injuries later may extend the deadline in rare cases
- Claims against government entities require notice within 90 days
Don’t wait until the deadline approaches. Evidence disappears, witnesses forget details, and your attorney needs time to build a strong case. Call Grossman Law immediately at (866) 381-5681 for your free consultation.
Why You Need a Rideshare Accident Attorney
Even If You Weren’t a Passenger, You Need Professional Help
Many accident victims make a critical mistake. They think, “I wasn’t in the Uber, so this is just a regular car accident. Any personal injury lawyer can handle it.” Wrong.
The moment an Uber or Lyft is involved, everything changes. Whether you were:
- Driving another car
- Walking across the street
- Riding your bike
- Sitting at a stoplight
The insurance complexity multiplies. You’re not dealing with a simple claim against one driver’s policy. You’re navigating three different coverage periods, multiple insurance companies, and corporations with unlimited legal resources fighting to avoid paying claims.
What makes rideshare cases uniquely complex:
Establishing duty status is everything. The difference between a $25,000 policy and a $1.5 million policy depends entirely on proving what the driver was doing at the exact second of impact. Were they logged into the app? Had they accepted a ride? Did they have a passenger? Insurance companies will fight these facts aggressively because millions of dollars hang in the balance.
App records don’t come automatically. Uber and Lyft won’t voluntarily provide the driver’s duty status. You need to know how to subpoena these records, what to request, and how to interpret the data. We’ve done this hundreds of times. Most general personal injury lawyers have never issued an app records subpoena.
Insurance companies play games. They’ll claim the driver was off-duty when they weren’t. They’ll argue the passenger had already been dropped off. They’ll say the app was open, but the driver hadn’t “accepted” the ride yet. These arguments are designed to confuse you and push you toward the lower coverage limits.
The law is still evolving. New Jersey’s Transportation Network Company Act only took effect in December 2017. Court decisions like McGinty v. Jia Wen Zheng (2024) create new challenges, like forced arbitration. You need an attorney who tracks these developments and knows how to adapt strategies accordingly.
General Personal Injury Lawyers Often Don’t Know Rideshare Law Inside and Out.
New Jersey’s Transportation Network Company Safety and Regulatory Act only took effect in December 2017. Many attorneys don’t understand the specific insurance requirements and how they differ from regular car accident cases.
The Grossman Law Firm has true experience with rideshare accident cases… they understand:
- How to prove which coverage period applies
- How to fight arbitration clauses
- When the verbal threshold applies (and when it doesn’t)
- How to maximize recovery from multiple insurance policies
- Recent case law developments, like the McGinty decision
- How to establish third-party victims’ rights to rideshare insurance coverage
- Strategies to prove driver duty status when drivers deny being on active rides
- How to navigate UM/UIM coverage from rideshare policies for non-passenger victims
Experience With High-Stakes Litigation
Rideshare companies and their insurers have unlimited resources. They’ll overwhelm you with paperwork, delay tactics, and lowball offers. You need an attorney with:
- Trial experience. Scott Grossman’s recent $992,470 verdict shows he can win in court.
- Settlement success. The $900,000 pre-trial settlement demonstrates his negotiation skills.
- Resources to match theirs. Big cases require accident reconstruction experts, medical experts, vocational experts, and economists. Grossman Law has the resources to hire the experts your case needs.
- Specific rideshare accident experience. We’ve handled every type of rideshare accident scenario, including complex third-party claims where victims weren’t passengers.
No Upfront Costs
Grossman Law works on contingency. You pay no attorney fees unless we win your case. We advance all costs for experts, court filings, and investigation. This levels the playing field against wealthy rideshare companies.
Take Action Now
If you’ve been hit by an Uber or Lyft driver in New Jersey, time is critical. Evidence disappears. Witnesses forget details. Insurance companies start building defenses immediately.
This applies whether you were:
- A passenger in the rideshare vehicle
- Driving your own car when hit by an Uber or Lyft
- Walking or cycling when struck by a rideshare driver
- In any way injured due to a rideshare driver’s negligence
Many victims who weren’t passengers don’t realize they have strong claims against rideshare insurance policies. Don’t make that mistake. The $1.5 million policy can cover your injuries even if you were in another vehicle or on foot.
Don’t face this alone. Scott Grossman and the team at Grossman Law, The Rideshare Attorneys, have the experience, knowledge, and track record to fight for the compensation you deserve.
Call (866) 381-5681 now for your free consultation.
We serve clients throughout New Jersey from six convenient locations. We work on contingency, so you pay no attorney fees unless we win your case.
Your injuries deserve justice. Let us fight for it.
