Posted in Car accident
A passenger in an Uber has no control over who is driving the other car. When that driver turns out to carry very little insurance, the injured rider can be left with medical bills that exceed what the at-fault policy will pay. New Jersey addresses this gap through underinsured motorist coverage, and it’s worth knowing how it works before a claim begins.
A Driver’s Liability Coverage Has a Ceiling
Every liability policy has a dollar limit. If an injured person’s losses are larger than the limit, the extra amount doesn’t disappear, but the at-fault driver’s insurer won’t pay it. Medical treatment, lost income, and long recovery periods can exceed a basic policy quickly, which is how policy limits cap compensation in many claims.
Underinsured motorist coverage, often shortened to UIM, is meant to address that situation. It sits on the injured person’s side of the table instead of the at-fault driver’s.
What the Statute Says About UIM
Under N.J.S.A. 17:28-1.1, uninsured and underinsured motorist coverage must be made available as an option on an auto policy. A vehicle counts as underinsured when the liability limits available from the at-fault driver are lower than the underinsured coverage on the policy of the person seeking recovery. The coverage can’t exceed the insured’s own liability limits, and the statute bars increasing it by stacking the limits of multiple vehicles.
Those details explain why the declarations page matters. The numbers printed there can control what is available after a crash.
How a Rideshare Passenger Fits In
Rideshare cases add layers. The company’s own coverage depends on what the driver was doing when the crash happened, and the other motorist’s policy is a separate piece. The rider’s own policy may also carry underinsured coverage, depending on its wording.
Because several policies can be involved, answers to rideshare coverage questions often depend on the facts of the trip. A passenger shouldn’t assume that one company’s refusal ends the inquiry.
Checking Your Own Policy First
The easiest document to overlook is the one already in the glove box or the email inbox. Start by pulling the declarations page and writing down:
- The bodily injury liability limits
- The uninsured and underinsured limits, if any
- Which vehicles and drivers are listed
- The personal injury protection selection
- The limitation-on-lawsuit option selected, if any
Anyone who is unsure how to read those items can ask a Jersey City Uber accident lawyer to go over them. The choices made when a policy was bought can shape what is available later.
Medical Bills and Underinsured Claims Interact
Personal injury protection pays treatment costs first in New Jersey, and that benefit has its own ceiling. When injuries are serious, claims beyond PIP limits raise a second question about where the remaining money comes from.
One possible source is an underinsured motorist claim, which usually runs through the insurer. It depends on proof of the other driver’s limits and the full extent of the injuries, so medical records and the other driver’s insurance information both matter.
Keep the Trip Records Handy
Anyone hurt as an Uber passenger should keep the trip receipt and a screenshot of the ride details, including the driver’s name and the pickup and drop-off points. Those records show that a ride was underway, which can affect which coverage applies. When several vehicles were involved and the facts are unclear, a Jersey City car accident lawyer can help sort out which policies might apply.
At Law Offices of David A. DiBrigida, attorney David DiBrigida has been helping accident victims recover money from insurance companies since 1992. Our focus is on coverage, claims, and the paperwork behind them, which is where underinsured claims turn.
A crash caused by an underinsured driver is stressful enough without a policy puzzle on top. Anyone injured as an Uber passenger in Jersey City can reach out to us, and we’ll go through the available coverage and explain the options.