Rideshare drivers spend more hours on the road than almost anyone, and they get hurt in crashes they didn't cause. Because Uber and Lyft treat drivers as independent contractors, the usual safety net of workers' compensation often isn't there. That makes it essential to know every other source of recovery.
Claim 1: The driver who hit you
If another motorist caused the crash, you have a claim against them like any other injured driver, paid by their bodily injury liability coverage. You can recover lost income, medical costs PIP doesn't cover, and pain and suffering.
One caution: depending on your app status, your personal auto policy's limitation on lawsuit option may affect a pain-and-suffering claim against the other driver. What the verbal threshold requires.
Claim 2: Uninsured and underinsured motorist coverage
This is where rideshare drivers are often better protected than they realize. During an active ride, from accepting a request until the last passenger gets out, New Jersey requires at least $1,500,000 in uninsured and underinsured motorist coverage (N.J.S.A. 39:5H-10(c)(3)). While logged on and waiting for a request, UM/UIM coverage is required to the standard extent set by New Jersey insurance law (N.J.S.A. 39:5H-10(b)(3)).
That matters when the at-fault driver has no insurance, carries only minimum limits, or flees. We secured a $1.15 million settlement for a rideshare driver in Essex County who was hit by a stolen vehicle that fled the scene and who needed multiple spinal surgeries. Uninsured and hit-and-run rideshare claims.
Medical bills
- While waiting for a request: the law requires primary PIP benefits (N.J.S.A. 39:5H-10(b)(2)).
- During an active ride: the law requires at least $10,000 in medical payments coverage that applies only to the driver (N.J.S.A. 39:5H-10(c)(2)). That is far less than New Jersey's standard $250,000 PIP option, so health insurance and the liability claim often carry more of the load.
- App off: your personal policy's PIP, as in any crash. PIP explained.
Is workers' compensation possible?
Usually the companies will deny it, citing independent contractor status. The question isn't closed, though. New Jersey decides employee status for workers' compensation using a test that looks at both the company's control over the work and how economically dependent the worker is on the business (Estate of Kotsovska v. Liebman, 221 N.J. 568 (2015)). For unemployment and wage laws, New Jersey uses the stricter "ABC test," and in May 2026 the Department of Labor adopted rules explaining how it applies (N.J.A.C. 12:11). In 2022 the state also announced Uber's $100 million payment after audits found drivers misclassified for unemployment purposes, a finding Uber disputed.
These rulings don't automatically make a rideshare driver an employee for workers' comp. They do mean the question is worth asking in a serious injury case. How workers' comp works in New Jersey.
Your personal insurance may not help
New Jersey lets personal auto insurers exclude all coverage while you are logged on to a rideshare app or on a ride (N.J.S.A. 39:5H-12). The companies must tell you in writing, before your first ride, what coverage they provide and that your own policy may not cover you (N.J.S.A. 39:5H-11). Personal policies and rideshare driving.
Steps for injured drivers
- Screenshot your app status, trip details and earnings for the day.
- Report the crash through the driver app and to your personal insurer.
- Get the other driver's insurance and a police report number.
- Keep records of lost trips and earnings. Weekly earnings statements from the app are strong proof of lost income.
- Don't give recorded statements to any insurer before getting advice.
See our Uber and Lyft accidents page.