Filing a Claim Against a Rideshare Company in New Jersey

All Practice Areas

Rideshare services like Uber and Lyft have transformed transportation, offering convenience and accessibility. However, accidents can happen, and it’s crucial to understand your rights if you’re involved in an incident with a rideshare vehicle in New Jersey.

Rideshare Regulations in NJ

In New Jersey, rideshare services are regulated under the Transportation Network Company (TNC) Safety and Regulatory Act. This law mandates that rideshare companies provide certain levels of insurance coverage for their drivers and passengers. If you’re injured as a passenger, pedestrian, or another driver, you may be entitled to compensation from the rideshare company’s insurance.

Eligibility for Filing a Claim

To be eligible to file a claim against a rideshare company, you must establish that the driver was engaged in an active ride (either carrying passengers or en route to pick them up) at the time of the incident. If the driver was not logged into the rideshare app, the claim may fall under their personal auto insurance policy instead.

Gathering Necessary Information and Evidence

The success of your claim heavily depends on the evidence you gather immediately following the incident.

Documenting the Incident

Immediately after the accident, ensure everyone’s safety and call 911 if there are any injuries. It’s vital to get a police report, as this will serve as an official record of the incident. Make sure to provide accurate and detailed information to the responding officers.

Collecting Evidence

Photos and Videos

Take clear photos and videos of the accident scene, vehicle damages, license plates, and any visible injuries.

Witness Statements

Collect contact information and statements from any witnesses. Their accounts can be crucial in supporting your claim.

Driver Information

Get the rideshare driver’s name, contact information, and insurance details. Also, note the rideshare company they are affiliated with.

Rideshare App Screenshots

Take screenshots of your ride details from the rideshare app, including the driver’s information, trip details, and the time of the accident.

Filing the Initial Claim with the Rideshare Company

Once you have gathered all necessary information, the next step is to file an initial claim with the rideshare company.

Reporting the Incident

Most rideshare companies have an in-app feature for reporting incidents. Go to the “Help” or “Support” section and follow the prompts to report the accident. Be prepared to provide detailed information about the incident and the evidence you have collected.

Effective Communication

When communicating with the rideshare company’s claims department:

Be Clear and Concise

Provide a straightforward account of the incident, including dates, times, and the sequence of events.

Attach Evidence

Submit all photos, videos, witness statements, and other relevant documentation.

Follow Up

Keep a record of all communications and follow up regularly to check the status of your claim.

Navigating the Legal Process

Sometimes, navigating the claims process with a rideshare company can be complex and challenging.

Consulting with an Attorney

If your claim is significant, involves serious injuries, or if you face challenges in dealing with the rideshare company, it’s wise to consult with an attorney. 

Filing a Lawsuit

If the rideshare company denies your claim or offers inadequate compensation, you may need to file a lawsuit. Your attorney will help you navigate this process, which involves filing a complaint, discovery, and potentially going to trial.

Statutes of Limitations

Be aware of the statute of limitations for personal injury claims in New Jersey, which is generally two years from the date of the accident. Failing to file within this period can forfeit your right to compensation.

Ensuring Fair Compensation

The ultimate goal of filing a claim is to receive fair compensation for your damages.

Evaluating Damages

Compensation can cover various damages, including:

Medical Expenses: Costs for emergency services, hospital stays, surgeries, medications, and rehabilitation.

Lost Wages: Compensation for lost income due to the inability to work.

Pain and Suffering: Non-economic damages for physical pain and emotional distress.

Property Damage: Costs to repair or replace your vehicle or other personal property damaged in the accident.

Dealing with Denied Claims

If your claim is denied or you receive a settlement offer that doesn’t cover your damages, you have options:

Negotiation: Sometimes, a detailed negotiation letter from your attorney can result in a fair settlement.

Arbitration or Mediation: Alternative dispute resolution methods can be effective in reaching an agreement without going to court.

Litigation: As a last resort, taking the rideshare company to court may be necessary. Your attorney will represent you through this process, aiming to secure the compensation you deserve.