Uber/Lyft Drivers and the Verbal Threshold Defense
We have done several blogs about the so-called verbal threshold. This is a defense to personal injury lawsuits where the injured person is may only recover money damages for the most serious injuries. It is more beneficial to a person injured in a motor vehicle accident if the verbal threshold does not apply to her or his case.
What if you’re a Lyft or Uber driver and you’re involved in an accident? Does the verbal threshold apply? The attorneys at CourtLaw argue that it does not.
The governing New Jersey law states that the verbal threshold defense “shall not be . . . asserted against any party not receiving personal injury protection benefits in any action for damages arising from a prearranged ride.” N.J.S.A. 39:5H-10(j). As a driver of a Lyft or Uber, you do not receive personal injury protection (PIP) benefits if you are injured in an accident while providing a prearranged ride. At those times, New Jersey law requires that there be available to the driver primary insurance for medical payments benefits in an amount of at least $10,000. N.J.SA. 39:5H-10(c)(2). These “medical payments benefits” are not PIP. Because you will be a person “not receiving PIP benefits,” the verbal threshold will not apply to you.
If you are a Lyft or Uber driver and you are involved in an accident, you should speak with a knowledgeable lawyer who has handled Lyft and Uber accident cases. Special, particular laws apply to Uber and Lyft accident cases. The experienced Lyft and Uber accident attorneys at CourtLaw represent clients in Roselle, New Brunswick, Perth Amboy, Paterson, and all across New Jersey. Call 732-709-7784 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 163 Market Street in Perth Amboy, NJ 08861 and we also have offices in New Brunswick, Roselle, East Orange, Jersey City, Elizabeth, Linden, Newark, Paterson, South Amboy, and Trenton.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
