Filing a Lawsuit After an Uber Accident in NJ: Complete Guide

Many people choose to do the responsible thing when they’ve been drinking or they’re in an area they’re unfamiliar with. They call an Uber.

The Uber picks them up, but on the ride over, they wind up in a crash.

If that sounds like you, regardless of whether the Uber driver was at fault, you may have injuries you need to address. You may need to consider filing a lawsuit for an Uber accident, and fortunately, an experienced Cherry Hill personal injury attorney can help.

Understanding Rideshare Insurance Policies

Uber and Lyft have their own insurance policies to provide at least some coverage if a driver was on the clock. If the app is turned on and the passengers are on board, then Uber’s full liability policy may apply.

However, if the app was off or the driver hadn’t picked up the passenger yet, it’s possible a more limited coverage will be in play.

If you’re a passenger in an Uber, you’ll want to ensure the driver notifies the app of what transpired. This is in conjunction with also notifying the insurance carriers for all of the drivers involved in the crash.

Steps to Take Immediately After an Uber Accident

The steps to take following an Uber accident are similar to what to do following a standard collision.

• Assess injuries. Make sure everyone in the vehicle is all right. Contact emergency services to have an ambulance transport someone to a hospital if necessary.
• Move to a safe location. Assuming the vehicles are still operable, move them to a safe location where you can get everyone else’s contact and insurance information.
• Contact authorities. Whether you’re the passengers or driver, it’s a good idea to have a police report on file to submit to any insurance carriers after the fact, including to Uber itself.
• Document the scene. To thoroughly document the scene of a car accident, You should photograph the damage done to both vehicles, as well as any visible injuries. It may also help to take pictures of the scene in case there are any extenuating factors that might have contributed to the crash.
• Notify the rideshare company. In the “Help” section of the Uber app, there should be a heading called “Safety.” This will allow you to submit an accident report directly to Uber.
• See a doctor. Even if you look and feel all right, you want to have a doctor check up on you immediately. This will help connect the collision to any injuries that appear after the fact to help your case. This will also be helpful for your injury case, as the doctor can provide an estimate of future medical expenses.

Evaluating Liability in Rideshare Cases

A variety of factors will go into consideration to determine liability. In most cases, it will fall onto one of the drivers, so if the Uber driver operated a vehicle while distracted, such as looking at a phone, they may hold greater liability.

However, other factors may influence this. For example, if a car accident is the result of faulty brakes or something similar, that may fall under the manufacturer of the vehicle.

Uber, as a company, may also hold some liability, but this can be incredibly complex to navigate and prove, which would likely require the assistance of an experienced personal injury lawyer.

When to Consider Filing a Lawsuit

Depending on the extent of your injuries, you may want to consider filing a lawsuit — against the Uber driver, the other driver, or Uber as a company. This comes down to how much money you may be able to get out of the insurance company.

It’s critical to begin the process immediately and prove any injuries you sustained were a result of the collision. If the insurance company refuses to pay all or part of your total expenses, which can include medical bills and lost wages, you may need to take the case to court.

New Jersey typically has a statute of limitations on any car accident cases for up to two years. Bear in mind, that two-year limit exists upon discovery of any potential injuries. Certain medical complications may not manifest until a while after the collision occurred, which is why it’s good to stay up to date on all medical visits.

How to File an Uber Lawsuit in New Jersey

One easy way to file a lawsuit for your Uber accident is to speak with an attorney right away. A lawyer can examine your case and injuries and determine if a lawsuit is truly the best path to take.

During that initial consultation, you’ll need to provide as many details as you can, which can include photographs of the scene, eyewitness testimony, and any pertinent medical records. Your lawyer will guide you on the next steps.

Of course, you can file your own lawsuit without an attorney. However, keep in mind that Uber and any insurance companies involved are likely to bring lawyers to this legal fight.

Speak with a New Jersey Uber Accident Attorney

The team at Rosengard Law Group is here to help with your Uber accident. We provide free case evaluations so you can learn more about your options without worrying about spending a ton of money upfront. You deserve to be compensated fairly, especially if you were merely a passenger in an Uber. To start pursuing that compensation, call us at (856) 284-6446 or contact us online.