What Happens When You’re Hit by a Rideshare Driver Who Wasn’t Logged Into the App

Getting hit by an Uber or Lyft driver is confusing enough. But what happens when that driver wasn’t even logged into the rideshare app at the time of the crash? This situation creates serious complications for injured victims in New Jersey. At The Law Offices of Anthony Carbone P.C., we help people understand their rights when rideshare accidents happen while the driver’s app is off.

How Rideshare Insurance Works Based on App Status

Rideshare companies like Uber and Lyft provide different levels of insurance coverage depending on what the driver was doing at the time of the accident.

App Off: Driver Not Logged In

When a rideshare driver is not logged into the app, they are driving for personal reasons. The rideshare company’s insurance does not cover accidents during this time. Instead, only the driver’s personal auto insurance policy applies.

This is where problems arise. Many personal auto insurance policies specifically exclude coverage when the vehicle is used for commercial purposes, including rideshare driving. Even if the driver wasn’t actively working at the moment, insurance companies often deny claims if they discover the driver works for Uber or Lyft.

App On: Waiting for a Ride Request

If the driver has the app on and is waiting for a ride request, Uber and Lyft provide limited liability coverage. This includes up to $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage.

Ride Accepted or Passenger On Board

Once a ride is accepted or a passenger is in the vehicle, Uber and Lyft provide up to $1 million in liability coverage. This is the most comprehensive coverage available.

Who Is Responsible When the App Is Off?

The Driver’s Personal Liability

When the app is off, the driver is personally responsible for any damages they cause. You would file a claim against their personal auto insurance policy just like any other car accident.

However, if the insurance company discovers the driver works for a rideshare company, they may deny the claim entirely. Many personal policies have exclusions for commercial use. This can leave you with no coverage at all, even though you were injured through no fault of your own.

The Rideshare Company’s Role

Uber and Lyft typically do not provide any insurance coverage when the driver is not logged into the app. Their position is clear: if the app is off, the driver is not working for them.

However, there may be rare exceptions. If you can prove the driver was engaged in rideshare-related activities, limited coverage might be available. These arguments are difficult to prove and usually require legal expertise.

When Other Drivers Are Involved

If another driver caused or contributed to the accident, their insurance would also be involved. You may have claims against multiple parties. If the at-fault driver is uninsured or doesn’t have enough coverage, your own uninsured or underinsured motorist coverage might help.

Steps to Take After an Accident with an Unlogged Driver

Call 911

Report the accident to the police right away and get medical help if you’re injured. A police report documents what happened and supports your claim later.

Gather Information

Collect contact and insurance information from everyone involved, including the rideshare driver, other drivers, and witnesses. Take photos of the accident scene, all vehicle damage, and any visible injuries.

Ask About the App Status

Find out whether the driver was logged into a rideshare app at the time of the crash. Ask which rideshare company they drive for. This information is crucial for determining what insurance coverage might apply.

Report to Your Insurance

Notify your own insurance company about the accident, even if the other driver was at fault. Your insurer can help guide you through the claims process.

Don’t Give Recorded Statements

Be careful when talking to insurance companies. Don’t give recorded statements or sign documents without speaking to an attorney first. Insurance adjusters may use your words against you.

Contact an Attorney Immediately

Accidents involving unlogged rideshare drivers are complicated. You need legal help to navigate the insurance issues and protect your rights.

Why You Need Legal Help

These cases present unique challenges. The interaction between personal auto insurance, rideshare company policies, and state laws is complex and confusing.

An experienced attorney can help you by:

Identifying all sources of compensation. We investigate which insurance policies might apply and explore every possible avenue for recovery.

Dealing with insurance companies. Insurers often try to deny claims or pay as little as possible. We negotiate aggressively to get you fair compensation.

Proving what coverage applies. We gather evidence about the driver’s app status, employment with the rideshare company, and insurance coverage to build the strongest case possible.

Taking legal action if needed. If insurance companies won’t offer a fair settlement, we’re prepared to file a lawsuit and fight for you in court.

Get the Help You Deserve

At The Law Offices of Anthony Carbone, we have over 35 years of experience handling complex personal injury cases in New Jersey, including rideshare accidents. We understand the insurance gaps that occur when drivers aren’t logged into their apps, and we know how to fight for compensation when coverage is denied.

Don’t let an insurance company take advantage of you because the rideshare driver’s app was off. You deserve compensation for your injuries, medical bills, lost wages, and pain and suffering.

Contact The Law Offices of Anthony Carbone P.C. today for a free consultation. We’ll review the details of your accident, explain what insurance coverage might be available, and fight to get you every dollar you deserve. Time is limited under New Jersey law, so call us now to protect your rights.

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