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What Every Uber Passenger in New Jersey Should Know
Victims of a New Jersey Uber accident face unique challenges. For example, when Georgia and John McGinty were seriously injured after their Uber driver ran a red light, they finded they couldn’t sue Uber. A court ruled they were bound by an arbitration clause they had agreed to on a previous Uber Eats order.
If you’re involved in a New Jersey Uber accident, here’s what you need to know immediately:
- Call 911 – Get police and medical help to the scene
- Document everything – Photos, driver info, witness contacts, trip details
- Seek medical attention – Even if you feel fine initially
- Report to Uber – Use the app’s accident reporting feature
- Don’t admit fault – Let investigators determine what happened
- Contact a lawyer – Before signing anything or accepting settlements
The McGinty case highlights how arbitration clauses can prevent you from going to court, even with life-changing injuries. Georgia McGinty suffered multiple spine fractures and couldn’t work for over a year. John required surgery and has lasting nerve damage. Despite this, an appeals court ruled they must use private arbitration, not a jury trial.
This reality makes it crucial to understand your rights. Uber’s insurance policies, driver status, and legal agreements create a complex web that can impact your ability to recover fair compensation.
I’m Jason Fine, a Pennsylvania Super Lawyers nominee with over 25 years of experience. I have represented New Jersey Uber accident victims and understand how to steer the complex legal landscape of rideshare cases to secure top verdicts and settlements.
Your Essential Checklist After a New Jersey Uber Accident
In a New Jersey Uber accident, the aftermath is chaotic. The legal complications go far beyond a typical car crash, involving multiple insurance policies and corporate legal teams. The actions you take in the first few minutes are critical for your ability to recover fair compensation. Your safety is the priority, followed by gathering key evidence. This checklist is your roadmap to protecting yourself.
For more info about NJ auto accidents, visit our comprehensive guide on our website.
At the Scene: Immediate Actions for Safety and Evidence
Call 911 immediately, even if you feel uninjured. Adrenaline can mask serious injuries, and an official police report is crucial documentation for insurance claims. If you can, move to a safe location away from traffic.
Once safe, gather essential evidence. Get the driver information for all vehicles involved, including names, license plates, and insurance details. Ask any witnesses for their names and phone numbers; their independent accounts are invaluable. Use your smartphone to take photos and videos of everything: vehicle damage, car positions, road conditions, traffic signals, and any visible injuries.
Here’s what you absolutely must document:
- Driver details from all vehicles (names, licenses, insurance info)
- Witness contact information (names and phone numbers)
- Photos of vehicle damage, positions, and the overall scene
- Screenshots of your Uber trip showing driver info and route details
- Images of any visible injuries you sustained
- Road conditions and traffic signals (especially important if signals were involved)
Most importantly, don’t admit fault to anyone. Stick to the facts and let investigators determine fault later.
After the Crash: Prioritizing Health and Official Reports
Adrenaline can mask pain, so you may not realize you’re injured right away. The McGintys’ injuries—including multiple spine fractures and a fractured sternum—were severe and life-altering. Seek medical attention immediately after any accident, even if you feel fine. Prompt medical care is essential for your health and for documenting your injuries. An insurance company may argue that delayed treatment means your injuries aren’t related to the crash.
Follow all medical advice, including attending follow-up appointments and physical therapy. This creates a clear record connecting your treatment to the accident. You should also report the accident to Uber through their app as soon as you can. This starts their official process and creates another layer of documentation.
Keep detailed records of everything: your pain levels, how injuries affect your daily life, medical bills, and missed work. This information is vital for calculating your damages.
For severe head injuries, understanding traumatic brain injury claims becomes particularly important, as these cases often involve long-term care needs and complex medical testimony.
The Legal Hurdle: Understanding Uber’s Arbitration Clause
Uber’s arbitration clause is a legal landmine that can prevent you from suing them in court. The McGintys finded this after their crash. A New Jersey appeals court ruled they were bound by an arbitration agreement, preventing a jury trial for their serious injuries. Shockingly, the court’s decision was based on a “clickwrap” agreement from a previous Uber Eats order made by their daughter.
This means you could unknowingly waive your right to a jury trial simply by using one of Uber’s services. Arbitration is a private court system where a single arbitrator, not a judge and jury, decides the case. While faster, it has major drawbacks, including very limited options for appeal. You can read the court’s decision in the McGinty case for more details.
Here’s how arbitration compares to a traditional court trial:
| Arbitration | Court Trial |
|---|---|
| Private process with limited public access | Public proceedings on the court record |
| Single arbitrator makes all decisions | Judge oversees while jury decides liability and damages |
| Very limited ability to appeal unfavorable decisions | Full appeals process through higher courts |
Most consumers are unaware they’ve agreed to these clauses. Because arbitration is private, it shields corporations from public scrutiny and can lead to smaller settlements than a jury might award.
Who Pays for Your Injuries? Navigating Insurance and Liability
Determining who pays after a New Jersey Uber accident is complex due to multiple layers of insurance. The applicable coverage depends on the driver’s status in the app at the time of the crash.
Uber carries a $1 million insurance policy that typically applies when a passenger is in the car or when the driver is en route to a pickup. This is the primary policy for passenger injuries.
However, the driver’s app status is key. If the driver is logged in but waiting for a request, a much lower level of coverage applies. If they are offline, only their personal auto insurance is available.
If another driver was at fault, their insurance is the primary target. Your own uninsured/underinsured motorist (UM/UIM) coverage on your personal auto policy can also provide crucial protection if the at-fault party is uninsured or underinsured.
Navigating these policies is challenging, as insurers aim to minimize payouts. An experienced attorney is essential to ensure you access all available coverage for a fair settlement.
Securing Your Rights and Fair Compensation
The aftermath of a New Jersey Uber accident can be devastating. Beyond the immediate trauma, you face mounting medical bills, significant lost wages, and immense pain and suffering. As Georgia McGinty’s case shows, serious injuries can prevent you from working for over a year, impacting your financial stability and career.
The long-term consequences can include chronic pain and staggering medical debt from surgeries and ongoing therapy. You need an advocate who understands the full scope of these damages and will fight to ensure you receive the compensation necessary to rebuild your life.
Why You Need an Experienced New Jersey Uber Accident Lawyer
Facing Uber’s corporate legal teams alone is a losing battle. Their lawyers are experts at using the complexities of rideshare law and insurance to minimize payouts. An experienced New Jersey Uber accident lawyer levels the playing field. We know how to steer the confusing insurance landscape, prove damages, and build a strong case.
We also understand how to handle challenging arbitration clauses, staying current on the evolving legal landscape to fight for the best outcome for our clients.
At J. Fine Law, our 98% success rate and over $50 million in settlements demonstrate our commitment to results. Our rapid attorney response ensures you get immediate guidance to protect your rights. We build compelling cases that force insurance companies to provide fair compensation.
Taking the Next Step Towards Your Recovery
Feeling overwhelmed is normal after an accident. Your focus should be on healing; let us handle the legal fight. We offer a free consultation to evaluate your case, explain your options, and answer your questions without pressure.
Our no-win, no-fee promise means you pay nothing unless we win for you. Everyone deserves expert legal representation, especially when facing medical bills and lost income.
Don’t let complex rideshare laws or arbitration clauses deter you from seeking the justice and fair compensation you deserve. Your recovery starts with one step. We are here to guide you through the process and fight for your future.
Contact a top-rated New Jersey Uber & Lyft Accident Lawyer today to schedule your free consultation. Let’s start working toward the justice you deserve.