1. Insurance Coverage Scenarios: Who Pays When Your Driver is a “Ghost”?

New Jersey law (N.J.S.A. 39:5H-10) mandates tiered insurance for rideshare drivers, but coverage hinges on their app status:

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A. Driver Not Logged Into the App

- Risk: The driver’s personal insurance applies—but most policies exclude commercial use. If they lack coverage, you’re stuck.

- Solution: File under your own uninsured motorist (UM) coverage (required in NJ policies).

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B. Driver Logged In, No Passenger (Phase 2)

Ride-Share Coverage:

- 50,000 per person/100,000 per accident (bodily injury).

- $25,000 property damage.

Catch: Insurers often claim the driver was “offline” to avoid payouts.

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C. Driver En Route or With Passenger (Phase 3)

- Full Coverage: Uber/Lyft’s $1.5M liability policy applies.

- Pro Tip: Use app timestamps to prove the driver was mid-trip (e.g., GPS logs showing a route through Hoboken’s surge zones).

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2. Challenges for Passengers: Proving the Driver’s App Status

A. Disappearing Evidence

- Uber/Lyft delete app logs after 30 days. Act fast:

• Screenshot your ride receipt.
• Request GPS data via a preservation letter (your attorney can help).

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B. Insurance Bad Faith Tactics

Adjusters may argue the driver was “offline” or blame you for the crash.

Fight Back: Use police reports, witness statements, or traffic cam footage from high-risk areas like Route 22.

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C. Comparative Negligence in NJ

Under N.J.S.A. 2A:15-5.1, your payout drops by your fault percentage. Example: If you’re 20% at fault for not wearing a seatbelt in Jersey City, you lose 20% of damages.

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3. Legal Steps to Take After a “Ghost Car” Accident

1. Document the Scene

- Take photos of injuries, car damage (e.g., a Lyft’s license plate), and road hazards (e.g., potholes on the Pulaski Skyway).

- Collect witness contacts (critical for disputes).

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2. Report to Authorities

- File a police report (required for injuries under N.J.S.A. 39:4-130).

- Notify Uber/Lyft via the app to trigger their insurance process.

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3. Notify Your Insurer

- Even if the driver is uninsured, your UM coverage can pay for:

• Medical bills.
• Lost wages.
• Pain and suffering (if injuries meet NJ’s “serious injury” threshold).

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4. Consult a NJ Rideshare Attorney

They’ll subpoena Uber for app logs, driver history, and vehicle inspection records (e.g., expired inspections at Mavis Tires).

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5. FAQs: Navigating “Ghost Car” Claims in NJ

Q: Can I sue Uber if the driver wasn’t insured?
A: Rarely—but their $1.5M policy applies if the app was active. Otherwise, file under your UM coverage.

Q: How do I prove the driver was logged in?
A: Attorneys use subpoenaed GPS data, ride receipts, or driver acceptance logs.

Q: What if the driver fled the scene?
A: File a “John Doe” claim under your UM policy. NJ allows this for unidentified drivers.

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Conclusion: Don’t Let a “Ghost Car” Haunt Your Finances

“Ghost cars” leave passengers scrambling when uninsured drivers vanish—but NJ’s laws and your uninsured motorist (UM) coverage can be lifelines if you act before critical evidence disappears. Insurers will deny claims, blame you for faults, or argue the driver was “offline,” but Sarofiem & Antounfights back. We subpoena Uber/Lyft’s app logs, secure traffic cam footage from hotspots like Route 22, and expose violations of NJ’s $1.5M liability policies to recover your medical bills, lost wages, and damages.

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Don’t let a ghost car haunt your finances. Call Sarofiem & Antoun today. We preserve evidence, counter bad-faith tactics, and ensure “John Doe” claims hold reckless drivers accountable—24/7 free consultations, no fees unless we win.

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