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.
Crashes are common on New Jersey roads. The New Jersey Department of Transportation recorded almost 49,000 injury-causing crashes in the state in 2021 alone. When one happens during or because of a rideshare trip, knowing what to do next protects both your health and your claim.
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, or stopped at a red light? You need to read this.
Many people think rideshare insurance only covers passengers inside the car. That’s 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.
Insurance companies won’t volunteer this. They will actively try to hide it to avoid paying the larger policy. The single most important question is simple: 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 and tell you exactly what coverage applies. No cost, no obligation.
Immediate Steps After Being Hit
Your actions in the minutes and hours after a rideshare accident can make or break your claim. Here’s what to do.
At the Scene
Call 911 right away, even if you don’t think you’re seriously hurt. Some injuries don’t show symptoms at first. Concussions, internal bleeding, soft tissue damage, and even post-traumatic arthritis can surface days later. The adrenaline from the crash masks pain. Get checked out.
Get the police report. It documents the scene, who was involved, and preliminary fault. 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
- Which company they drive for (Uber, Lyft, or both)
- Critical: whether they were logged into the app and whether 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. Establish it immediately.
Get witness information. Anyone who saw the crash can back up your version of events. Get names and phone numbers.
Don’t Talk to Insurance Adjusters Yet
The rideshare company’s adjuster will contact you fast. They’ll seem friendly and helpful. They’re not on your side. Their job is to get you to say something that lowers your claim value or eliminates it.
You will need to report the accident to your own insurer and the rideshare company. When you do, stick to the facts of what you saw. Don’t admit fault or suggest you were responsible. 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.). It set specific insurance requirements for Uber, Lyft, and other rideshare companies in the state. Coverage depends on the driver’s status at the time of the crash.
Period 0: App Off (Driver’s Personal Insurance)
When the app is completely off, the driver is just a regular driver. Their personal auto insurance should cover the accident, and Uber and Lyft have no liability. The problem: many personal policies exclude coverage for commercial use. Some insurers will deny claims once 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, 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 kicks in only if the driver’s personal policy doesn’t cover the accident or has lapsed.
Period 2 and 3: Ride Accepted or Passenger On Board
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 the driver accepts a ride request and continues until the passenger exits the vehicle and the trip ends in the app.
N.J.S.A. 39:5H-10(d) adds that if the driver’s insurance has lapsed or falls short, the rideshare company’s insurance must cover the claim beginning with the first dollar, and it 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, which means proving permanent injury. N.J.S.A. 39:5H-10(j) removes this limit for rideshare accidents during prearranged rides. If the driver had accepted a ride or was carrying a passenger, you can sue for pain and suffering without proving permanent injury. This makes rideshare claims potentially more valuable than regular car accident claims in New Jersey.
Why These Cases Are More Complex, and Why Experience Matters
The moment an Uber or Lyft is involved, a claim stops being simple. Here’s why these cases are harder than regular car accidents, and what an experienced firm does differently.
Multiple Insurance Policies May Apply
A single rideshare crash can involve the driver’s personal auto insurance, the company’s contingent coverage, the company’s $1.5 million commercial policy, your own PIP and UM/UIM, and other drivers’ policies in a multi-vehicle crash. Each insurer argues a different policy should pay. They point fingers at each other while your medical bills sit unpaid.
Rideshare Companies Fight Hard
Uber and Lyft classify drivers as independent contractors, not employees, and argue they’re just a technology platform rather than a transportation company. New Jersey courts have pushed back, but these companies have deep resources and aggressive legal teams. They use delay tactics, lowball offers, and arbitration when possible. In McGinty v. Jia Wen Zheng (2024), a New Jersey court forced Uber passengers into arbitration instead of a jury trial. Scott Grossman tracks these developments and finds ways around arbitration clauses when possible.
Proving the Driver’s Status Is Everything
The gap between a $50,000 policy and a $1.5 million policy comes down to what the driver was doing at the exact second of impact. Were they logged in? Had they accepted a ride? Did they have a passenger? Drivers sometimes lie to avoid liability or higher premiums, and the company may not share accurate information. We subpoena the driver’s app records directly from Uber or Lyft. Those records show when they logged in, when they accepted rides, and when trips ended. That evidence is often the difference between a small claim and a $1.5 million claim. Most general personal injury lawyers have never issued an app-records subpoena.
The Law Is Still Changing
New Jersey’s Transportation Network Company Act only took effect in December 2017. Decisions like McGinty keep changing the rules, including forced arbitration. You need an attorney who tracks these changes and adapts strategy accordingly.
Experience With High-Stakes Litigation
Rideshare insurers will try to overwhelm you with paperwork, delay, and lowball offers. An experienced firm levels the field. The Grossman Law Firm brings trial experience, shown by Scott Grossman’s $992,470 verdict; settlement results, including a $900,000 pre-trial settlement; the resources to hire accident reconstruction, medical, vocational, and economic experts; and specific rideshare experience across every scenario, including third-party claims where the victim wasn’t a passenger. We work on contingency. You pay no attorney fees unless we win, and we advance all case costs.
Common Rideshare Accident Scenarios
You Were a Passenger
You have the strongest claim. The rideshare company’s $1.5 million policy covers you regardless of who caused the accident. You can pursue the rideshare driver if they caused the crash, the other driver if they were at fault, both if they share fault, or the rideshare company’s insurance in any scenario. Your own PIP coverage may also cover medical bills.
You Were Driving Another Vehicle
If an Uber or Lyft driver hits your car while they had a passenger or were on the way to pick one up, you may reach their $1.5 million policy even though you weren’t a passenger. Most regular drivers carry only New Jersey’s $25,000 minimum. The difference can be life-changing when you have serious injuries.
The key question: did the driver have a passenger, or were they heading to pick one up? At the scene, ask the driver directly: “Do you have a passenger?” or “Were you on your way to pick someone up?” Record the answer on your phone if you can. Look for clues like a phone mounted with the Uber or Lyft app open, a rideshare sticker on the windshield or rear window, a passenger in the back seat, or the driver mentioning they’re on a ride. Photograph their license, registration, and insurance card, and screenshot any rideshare app visible on their phone. Write down exactly what they say about being on duty.
Why it matters: insurers will claim the driver was off-duty to dodge the $1.5 million policy. Your notes and photos from the scene become key evidence. We can subpoena the app records, but your documentation strengthens the case from day one.
If another driver caused the crash and has too little or no insurance, the rideshare company’s $1.5 million uninsured/underinsured motorist coverage may cover your shortfall. Example: a driver runs a red light and hits both your car and an occupied Uber. The at-fault driver has only $25,000 in coverage, but your medical bills are $150,000. Uber’s UM/UIM policy may cover the gap, even though the Uber driver didn’t cause the accident.
You Were a Pedestrian or Cyclist
Pedestrians and cyclists hit by rideshare drivers face devastating injuries with zero protection. Your rights in New Jersey are strong. The same insurance rules apply: if the driver had a passenger or was heading to pick one up, the $1.5 million policy covers you. You don’t need to be inside the vehicle.
Your case has real advantages. There’s no verbal threshold, so you can sue for pain and suffering without proving permanent injury. Drivers owe pedestrians and cyclists a high duty of care, which strengthens liability. And injuries tend to be catastrophic: traumatic brain injuries, spinal cord damage, multiple fractures, internal organ damage, road rash needing skin grafts, and permanent scarring.
Since you can’t trade information from the roadside, police involvement is critical. Call 911 even if the driver insists you’re fine. The police report should note whether the driver said they work for Uber or Lyft, whether a passenger was present, any rideshare markings on the vehicle, the driver’s insurance, and witness statements. Get witness contacts yourself if you’re able, and look for nearby business cameras.
Insurers fight these claims hard because the payouts are large. They’ll say you stepped into traffic, weren’t in a crosswalk, or that the driver couldn’t avoid you, and they’ll try to prove the driver was off-duty to reach lower limits. We work with accident reconstruction experts to prove what happened and to establish the driver’s duty status.
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, fault gets complicated. New Jersey uses comparative negligence, so your recovery is reduced by your share of fault. If you’re found 20 percent at fault, your damages drop by 20 percent. These crashes often involve several policies from several insurers, and an experienced attorney pursues every available source to maximize recovery.
What Damages Can You Recover?
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)
Because the verbal threshold doesn’t apply to prearranged rides, you don’t need to prove permanent injury to recover for pain and suffering.
How Much Is Your Case Worth?
Case values depend on several factors:
- Injury severity. Permanent injuries and those requiring surgery have higher values.
- Medical expenses. Higher bills generally track with more serious injuries and higher settlements.
- Lost income. Missing significant work or being unable to return to your career raises value.
- Liability strength. Clear fault increases value; shared fault reduces it under comparative negligence.
- Insurance coverage available. The $1.5 million prearranged-ride policy offers far more recovery than Period 1 limits.
The Claims Process: What to Expect
Initial Investigation
Your attorney will obtain the police report, get the driver’s app records through discovery, review your medical records, interview witnesses, hire accident reconstruction experts if needed, and document your injuries and how they’ve affected your life.
Demand and Negotiation
Once you reach maximum medical improvement, or it’s clear your injuries are permanent, your attorney sends a demand letter to the insurer. It 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, and a specific dollar demand. The insurer responds with a counteroffer and negotiation begins. Many cases settle at this stage.
Filing a Lawsuit
If negotiations fail, your attorney files a lawsuit. That starts discovery, where both sides exchange information and take depositions; mediation, where a neutral third party tries to settle; and trial if mediation fails. Most cases settle before trial, but insurers pay more when your lawyer is ready and willing to try the case.
Timeline
Simple cases with clear liability and modest injuries may settle in 6 to 12 months. Complex cases with severe injuries, disputed liability, or multiple defendants can take 2 to 3 years or longer. Don’t let that discourage you. Your attorney can often arrange letters of protection with healthcare providers so you get treatment while the 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). If you don’t file within two years, you lose your right to compensation. The insurer can simply refuse to pay, and the court will dismiss your case.
Some exceptions apply:
- Claims involving minors follow different rules
- Injuries discovered later may extend the deadline in rare cases
- Claims against government entities require notice within 90 days
Don’t wait until the deadline nears. Evidence disappears, witnesses forget details, and your attorney needs time to build a strong case. Call (866) 381-5681 for your free consultation.
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, and insurance companies start building their defense immediately. This applies whether you were a passenger, driving your own car, walking, cycling, or otherwise injured by a rideshare driver’s negligence. Many non-passengers don’t realize they have strong claims against rideshare policies. Don’t make that mistake.
Scott Grossman and the team at Grossman Law 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 and work on contingency, so you pay no attorney fees unless we win.
Our New Jersey Office Locations
We serve rideshare accident victims throughout New Jersey from these offices:
Freehold Office (Main): 495 Iron Bridge Road, Suite 4, Freehold, NJ 07728. Phone: (732) 625-9494
Clifton Office: 1000 Clifton Ave. #203, Clifton, NJ 07013. Phone: (973) 928-2557
Sayreville Office: 190 Pulaski Ave Suite B, Sayreville, NJ 08872. Phone: (732) 401-3040
Manahawkin Office: 1200 Route 72 W, Manahawkin, NJ 08050. Phone: (609) 454-6550
