Cherry Hill Rideshare Accident Lawyer

Rideshare apps, such as Uber or Lyft, have changed the way we get around Cherry Hill.

There is no need to stand on the street and wait to flag down a yellow taxi. Now, you can order up a ride on your smartphone. Of course, just because rideshares are convenient, it doesn’t make them 100% safe.

Rideshare operators have the same risk of getting into car accidents as any other driver on the road. The difference is that when a rideshare driver is on the clock, the company they work for might also be liable for an accident. The rideshare companies also have teams of attorneys standing by to quash any claims, fearing that they might tarnish their reputation.

The team at Folkman Law won’t be intimidated, no matter how many attorneys are on their side.

We are the exact kind of experienced Cherry Hill rideshare accident lawyers who can provide qualified support and information to help you decide the best way to pursue your injury claim against a rideshare driver and the company that employed them.

What Are the Key Elements of a Rideshare Accident?

There is a lot to unpack with a rideshare accident. It begins with establishing that your accident involved a registered vehicle that is operating as a rideshare. It also requires that the driver was on duty at the time of the accident.

On duty means the driver was logged into their app and was either en route to pick up a rider or had already picked up the passenger in their car. That is referred to as “active ride.” If the driver is logged in and waiting for their next ride, they are “available for hire.”

A rideshare accident can also come in various forms. Which of the following would apply to your rideshare accident?

• Collisions between vehicles
• Accidents involving pedestrians, bicyclists, or motorcyclists
• Single-vehicle accidents

What Are the Minimum Insurance Requirements?

Like other states, New Jersey law requires rideshare companies to provide insurance coverage for their drivers. However, that insurance is not technically always active. This is how it breaks down:

App Off

A rideshare driver uses their own vehicle. However, they only work when the user is logged into the app. If an accident occurs when the app is not in use, the driver’s personal vehicle insurance would typically cover the accident.

New Jersey law requires drivers to carry a basic insurance policy with the following coverage:

• $25,000 for bodily injury liability per person
• $50,000 for bodily injury liability per accident
• $25,000 for property damage
• $15,000 for personal injury protection (PIP)

App On, No Passenger

When the rideshare driver is logged in and is between rides with no passenger, New Jersey requires the rideshare company to provide the following:

• $50,000 for death or bodily injury per person
• $100,000 for death or bodily injury per accident
• $25,000 for property damage

During Trips and With Passengers

Once a passenger is in the car, rideshare companies must provide at least $1.5 million in coverage for death, bodily injury, and property damage per accident.

Uninsured/Underinsured Motorist Coverage

New Jersey does not require drivers to carry uninsured/underinsured motorist coverage, but it is an option. However, New Jersey mandates that rideshare companies provide uninsured and underinsured motorist coverage.

The minimum coverage remains the same for driving with passengers, at $1.5 million.

We Establish Liability

A rideshare accident claim can involve multiple parties. That can complicate the determination of liability. We will thoroughly investigate all aspects of the accident to determine who is liable. That starts with the driver’s actions, but also includes the rideshare company, the auto manufacturer, and the mechanic.

We Negotiate with Insurance Companies

Insurance companies are notorious for delaying and denying claims. It is important to note that if you are filing a claim against the rideshare company’s insurance carrier, they will be working on behalf of their client. In other words, they could try to shift the blame to the driver in order to get them to pay for the damages. We’ll be prepared to deflect any of their tactics.

We Fight to Maximize Your Compensation

Our goal is to ensure that our clients receive the maximum compensation to which they are entitled. That compensation should cover both current and future medical expenses and lost wages. It also has to provide for your pain and suffering. We will always be fierce advocates for our clients.

We Represent You in Court

The first phase of pursuing a rideshare accident claim is to negotiate with the insurance carriers to arrive at a settlement. When there is resistance, we might advise you to file a civil complaint and take the rideshare company to court. We understand how the court system operates and what it takes to put on a strong case to support your story.

We Provide Personalized Support

At Folkman Law, we take pride in providing personalized support to our clients. We understand the importance of providing prompt responses to any questions and keeping you fully informed.

We also appreciate that you need to focus on your recovery. That is why we will also push for a fast resolution.

Who Is Liable for a Rideshare Accident?

When establishing liability in a rideshare accident, it is essential to consider all aspects that contributed to the incident. It is not just the moment of impact. Here is who might be held liable:

Rideshare Driver

The rideshare driver will be the primary at-fault party in your claim. Their negligent actions can include the following:

• Distracted driving
• Speeding
• Failure to obey traffic laws
• Driving under the influence of drugs or alcohol
• Rideshare Company

Although a rideshare driver is considered an independent contractor, the company they work for can also be held liable for their actions. That liability can be established if the company failed to ensure the safety of its passengers.

If they failed to conduct an adequate driver background check or provide vehicle maintenance oversight.

Third Parties

There may be additional third parties involved in the accident, such as second drivers or manufacturers of defective automotive parts. Additionally, if poor road conditions, such as potholes, were a factor in the accident, the government agencies responsible for maintaining those roads could also be liable.

Rideshare Crash FAQs

When pursuing a rideshare accident claim, you’ll have questions that you need answers to understand your options. The following questions and answers can be the start of your understanding of what happens next:

What is the average settlement for a rideshare accident claim?

The average settlement for a rideshare accident claim can vary depending on the severity of the injuries and the extent of the damage. It is important to keep in mind that there will be limits to how much you can recover based on the amount of insurance coverage. In other words, the insurance company is not obligated to pay beyond what the policy dictates.

Does Uber track an accident?

The Uber app utilizes a GPS monitor to track the car’s location. That app can detect any sudden stops, unusual turns, or sharp changes in speed. They can also utilize smartphone sensors to register an impact. All of that information can be used in support of your accident claim.

How long do I have to file an accident claim in New Jersey?

You have two years to file an accident claim in New Jersey. If you fail to meet the deadline, you won’t be able to receive any compensation.

Do I have to report the accident to Uber or Lyft?

If you were involved in an accident involving an Uber or Lyft ride, you can and should report the accident directly through your app. The report can help establish the time, date, and place of the accident. That can support your future claim.

Do you have to wear a seat belt in a rideshare in New Jersey?

Yes, every passenger in a vehicle in New Jersey is required to wear a seat belt. The driver should not proceed until you’re buckled up. Without the seat belt, your injuries could be even more severe.