Ridesharing companies like Uber and Lyft have become the go-to form of transportation for many people in Jersey City. Instead of calling a cab or hopping on a bus, all you need to do is whip out your cell phone and request a ride via an app. Once the ride is over, there’s no need to worry about cab fare; your ride is charged to your account. Easy breeze.
However, a taking a ride in a ridesharing vehicle comes with a risk. What happens if you get into an accident while you’re a passenger? Who will be paying your bills? Are your injuries covered by the ridesharing company? And what if you’re the driver — can you claim workers’ compensation if injured in an accident? Therese are important questions you should ask before taking an Uber or Lyft car. What you need is legal advice.
Pagliara Law Group understands the problems facing anyone injured in a ridesharing vehicle and is ready to assist you with your case. With his aggressive and relentless legal representation, you know that you will get the compensation that you deserve for your injuries.
Ridesharing companies have said that their programs help decrease drunk driving in New Jersey but that simply is not the case. A study published in the American Journal of Epidemiology found that despite the ridesharing industry claims, there has been “no association with the number of subsequent traffic fatalities.” With traffic fatalities continuing to rise each year, it’s possible an accident can occur. Unlike a taxi cab or a car service, drivers do not need any special licenses in order to drive for a ridesharing company — just insurance, a vehicle, and a regular driver’s license. This means the possibility of you getting into an accident in an Uber or Lyft vehicle is just great as you getting into an accident in your own vehicle.
When you take a taxi or a bus, there is a specific insurance that these vehicles and their drivers have that protect you in an auto accident. However, a ridesharing driver doesn’t need to have a separate insurance policy. This means you may not be covered by the driver’s insurance if you get into an accident. Instead, your insurance will be used to pay for your injuries, just like it would if you were the driver in a car accident. But insurance companies can be stingy and you may not get the full compensation that you deserve. This is when an experienced attorney can help you with your case.
Although both Uber and Lyft do provide some insurance coverage to passengers, what about the driver? In New Jersey, ridesharing drivers may have issues with their own insurance company when submitting a claim. Some insurance policies have a loophole where if you are using your personal vehicle for commercial purposes, your insurance carrier can deny your claim. And the policies that Uber and Lyft provide do not extend to drivers injured. And since ridesharing drivers are considered independent contractors instead of employees for these companies, there is also a problem if you try to apply for workers’ compensation. That’s why it’s essential to look over your policy before driving for a ridesharing program. Learn more about the hidden dangers of driving for a ridesharing company here.
Uber accident victims have the legal right to sue whichever person or company they want. Just because Uber will claim they are not a transportation service, it doesn’t mean that you can’t sue them in court if an Uber driver causes your injuries. As an Uber passenger, you may not realize that Uber requires all their drivers to carry their own insurance coverage. In addition, Uber takes out a separate insurance policy for each driver which provides up to $1 million in coverage. Therefore, if you get injured in an Uber-related accident, you could receive up to $1 million in damages to cover your medical bills and other expenses.
Do not expect your legal case against Uber to be so easy. Even though they purchase excess liability insurance coverage for each of their drivers, Uber may not be so quick to compensate you for your injuries. For example, if an Uber driver gets into an accident and you suffer a damaged spinal cord, Uber may look for a way to deny any responsibility in the case. Perhaps the Uber driver forgot to log into their Uber account through the app before they took you out for a ride. In this case, Uber might say the driver was not technically contracting for them when the accident took place. These are the kinds of hurdles that you will face in an Uber accident related lawsuit.
When you have been injured in an Uber accident, it doesn’t necessarily mean you should file a lawsuit immediately after it happens. Remember that New Jersey is a state which has mandated a no-fault insurance system. This requires victims of all accidents to file an insurance claim and use their personal injury protection coverage first to pay their medical expenses. But if your medical expenses exceed the amount of coverage that your insurance will provide, then you can seek compensatory damages for the balance in court.
We know the laws surrounding Uber accidents are a bit complex. Many states are still trying to figure out where the liability truly lies in these ridesharing accident cases. For now, they are typically handled on a case-by-case basis. So, do not feel discouraged if you think your personal injury claim will never succeed. An experienced Jersey City Uber accident attorney will work tirelessly to figure out the best way to get you the compensatory damages for your injuries.
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Jersey City, NJ 07310