Rideshare Crashes and Pedestrian PIP: What Boone Means for Injured Pedestrians in New Jersey
If you were walking and were struck by an Uber or Lyft driver in New Jersey, you may be entitled to personal injury protection (PIP) medical benefits—even if you do not have your own auto insurance. In Boone v. Unsatisfied Claim and Judgment Fund/New Jersey Property-Liability Insurance Guaranty Association, New Jersey’s Appellate Division held that a transportation network company’s (TNC) auto liability policy must include PIP coverage for an uninsured pedestrian injured during a prearranged rideshare trip.
This is an important protection for pedestrians. It means the rideshare company’s insurer—not an injured pedestrian—generally bears responsibility for providing required no-fault medical-expense coverage after a qualifying crash.
What happened in Boone
The case involved Lamar Boone, an uninsured pedestrian who was struck by a Lyft driver while the driver was providing a prearranged ride. Boone sought PIP medical benefits from Liberty Mutual, the insurer covering the Lyft policy, but the insurer denied coverage. It argued that its policy did not provide PIP benefits to pedestrians and that New Jersey’s TNC law did not require that coverage.
The trial court disagreed and ordered the policy reformed to include the required pedestrian PIP coverage. The Appellate Division affirmed, holding that the omission of mandatory coverage was ineffective and that Liberty Mutual had to provide the benefits.
Why the court required PIP coverage
The court’s reasoning turned on how New Jersey classifies a driver’s personal car while it is being used for a prearranged rideshare trip. Under the TNC Act, that vehicle is treated as a “motor vehicle” rather than an “automobile” for the relevant insurance analysis.
That distinction matters because New Jersey law requires liability policies covering certain motor vehicles to include PIP benefits for otherwise uninsured pedestrians. The court concluded that this requirement applied to the TNC liability policy, and that the TNC Act did not eliminate or override that pedestrian-PIP obligation.caselawwire+1
In practical terms, the court held that:
A TNC liability policy issued in New Jersey for a driver’s personal vehicle must include uninsured-pedestrian PIP coverage.casemine+1
An insurer cannot simply leave that required coverage out of the policy.mccormickpriore+1
The policy can be reformed to add the coverage the law
What PIP benefits can cover
PIP is New Jersey’s no-fault medical-expense coverage. In a pedestrian accident case, it can help pay for reasonable and necessary medical treatment related to the crash, subject to the policy’s terms and applicable limits. This decision details what minimum requirements the state mandates, however, benefits are always compared to the relevant insurance policy. For most people who own a car or live in a household with a car, their own insurance PIP benefits as a pedestrian would be the primary policy to look to for benefits.
Potential benefits may include expenses for:
Emergency-room care and ambulance transportation
Hospital stays and surgery
Doctor visits and specialist treatment
Physical therapy and rehabilitation
Diagnostic testing and prescription medication
Other reasonable medical expenses connected to the collision
PIP generally focuses on medical expenses and certain related economic losses. PIP is separate from a potential bodily-injury claim against the negligent driver or other responsible parties.
Why this matters after an Uber or Lyft accident
Before Boone, injured pedestrians faced a real risk that a rideshare insurer would deny PIP coverage outright. The decision makes clear that, for a qualifying prearranged ride in New Jersey, the TNC policy must provide that protection.
This can be especially important for people who do not have their own automobile insurance, do not live with a resident relative who has applicable coverage, or otherwise lack a personal PIP source. The court specifically addressed PIP benefits for an uninsured pedestrian struck during an active rideshare trip.
Important limits to understand
Boone is a major win for pedestrian rights, but coverage is not automatic in every situation. The court’s holding applies to a TNC driver’s personal vehicle being used during a prearranged ride in New Jersey.
Because rideshare coverage can change depending on whether the driver was waiting for a ride, traveling to pick up a passenger, or actively carrying one, it is important to identify the correct insurance period early.
What to do after being struck by a rideshare vehicle
If you or a family member was hit by an Uber, Lyft, or other rideshare driver:
Get medical care immediately. Your health comes first, and medical records also help document the connection between the crash and your injuries.
Report the crash to police. Obtain the report number and the names of the driver, rideshare company, and insurers if available.
Preserve evidence. Save any ride-app screenshots, photos, witness information, medical bills, and correspondence from insurers.
Do not assume there is no coverage. Even uninsured pedestrians may have PIP benefits available under the TNC policy after Boone.
Speak with an attorney before giving a recorded statement to the insurance company. Insurance coverage disputes often turn on technical policy and statutory issues.
How our firm can help
Rideshare accident claims can involve multiple insurance policies, overlapping statutes, and aggressive coverage defenses. Boone gives injured pedestrians a stronger basis to demand PIP medical benefits from the rideshare company’s insurer, but insurers may still contest the facts, the applicable coverage period, or the extent of benefits.
Our firm represents pedestrians and other accident victims in New Jersey. If you were struck by an Uber or Lyft driver, we can investigate the coverage, pursue available PIP benefits, and protect your right to pursue additional compensation for serious injuries.
This blog post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, contact our firm for a consultation.
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