Hit by an Uber or Lyft While Walking in New Jersey? You May Have PIP Coverage — Even Without Your Own Insurance
What Boone v. Unsatisfied Claim and Judgment Fund means for pedestrians who have no auto policy of their own.
The short answer: If you were walking and were hit by a driver who was in the middle of an Uber or Lyft trip, do not assume you have no coverage for your medical bills just because you do not own a car. After Boone, the rideshare company's liability insurer may have to pay personal injury protection (PIP) benefits — even if its policy left that coverage out. Check the rideshare policy first, get PIP notice in promptly, and protect any backup claim at the same time.
What happened in Boone
Lamar Boone was a pedestrian with no auto insurance of his own. He did not own a motor vehicle, and he did not live with anyone who owned one, so there was no household policy he could turn to for PIP benefits under N.J.S.A. 39:6A-4.
He was struck by a vehicle driven by Jean E. Zamor while Zamor was operating as a Lyft driver. At the time, Zamor was logged into the Lyft network and was transporting a passenger — in other words, he was providing a prearranged ride. The vehicle was covered under a Liberty Mutual “Business Auto” policy issued to Lyft. That policy provided liability coverage, but it did not include PIP benefits for uninsured pedestrians.
Liberty Mutual denied Boone's claim for PIP medical-expense benefits. It said its policy did not provide pedestrian PIP and that New Jersey's rideshare law did not require it. Boone then sought benefits from the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA), as administrator of the Unsatisfied Claim and Judgment Fund (UCJF). NJPLIGA denied the claim too, on the ground that the vehicle was being used commercially for ridesharing and was not an “automobile” for UCJF purposes.
Boone sued. The trial court in Atlantic County sided with Boone and NJPLIGA: it ordered the Liberty Mutual policy reformed — rewritten — to include the required pedestrian PIP coverage, and it required Liberty Mutual to provide the benefits. The Appellate Division affirmed, substantially for the reasons in the trial judge's written opinion.
Why the court said the rideshare policy had to pay
The decision turns on one distinction that sounds technical but decides the case: during a prearranged ride, is the driver's car an “automobile” or a “motor vehicle”?
Not an “automobile” during the trip. New Jersey's No-Fault Act, N.J.S.A. 39:6A-2(a), excludes a vehicle used as a livery conveyance for passengers from the definition of “automobile.” The Transportation Network Company Safety and Regulatory Act (TNC Act), N.J.S.A. 39:5H-2, says the same thing in plain terms: a driver's personal vehicle “shall not be considered an automobile” while the driver is providing a prearranged ride.
Still a “motor vehicle” — and that triggers a different statute. N.J.S.A. 17:28-1.3 provides that every liability policy issued in New Jersey on a motor vehicle, other than an automobile, must provide PIP benefits, in accordance with N.J.S.A. 39:6A-4, to pedestrians injured in this State by the named insured's motor vehicle. Because Zamor's car was a motor vehicle covered by a liability policy at the time of the crash, that requirement applied.
The TNC Act does not exempt rideshare insurers. Liberty Mutual argued that the TNC Act governs rideshare companies and drivers “exclusively,” and that because the TNC Act itself does not spell out pedestrian PIP, none was required. The court rejected that argument. The TNC Act nowhere mentions pedestrian PIP and nowhere exempts TNC policies from N.J.S.A. 17:28-1.3 — a statute that was already on the books when the TNC Act was enacted in 2017. If the Legislature had wanted to exclude pedestrians, the court reasoned, it could have said so.
The insurer is not the rideshare company. The TNC Act's exclusivity provisions concern TNCs and their drivers — for example, that drivers need not register a personal vehicle as a commercial for-hire vehicle or obtain a local permit. Liberty Mutual, the court noted, is an insurer governed by Title 17 of New Jersey's insurance laws, not a transportation network company or a TNC driver. It must comply with the insurance statutes that apply to insurers.
A policy cannot leave out coverage the law requires. When a policy omits mandatory coverage, the omission is ineffective and the policy is reformed to include it. The court also noted that a Department of Banking and Insurance order, Order No. A15-106, has required commercial motor vehicle policies to contain pedestrian PIP coverage under N.J.S.A. 17:28-1.3 — consistent with its holding, though the court said the statute required the coverage on its own.
The court also rejected the suggestion that Boone should simply wait for a liability recovery. PIP exists so an injured person can get prompt, reasonable and necessary treatment without regard to fault. Making an uninsured pedestrian pay up front and wait months or years for a fault determination — which could end in a finding of no liability — would defeat that purpose.
What PIP covers — and what it does not
PIP is New Jersey's no-fault coverage. “No-fault” means exactly what it sounds like: eligible benefits are payable without regard to who caused the crash. You do not have to prove the driver was negligent to open a PIP claim for medical treatment.
Under the framework of N.J.S.A. 39:6A-4, which N.J.S.A. 17:28-1.3 incorporates for pedestrian PIP, PIP is built around medical-expense benefits for reasonable, necessary and appropriate treatment of injuries from the accident — up to $250,000 per person, per accident at the full statutory level. The statute also describes related categories, including income-continuation benefits (up to $100 per week, capped at $5,200), essential-services benefits (up to $12 per day, capped at $4,380), and funeral and death benefits. What is actually payable in a given case depends on the policy as reformed, the applicable medical fee schedules, any deductible or copayment that applies, and whether the treatment is documented as reasonable and necessary. Insurers also use a decision-point review process for many kinds of treatment, so pre-certification and paperwork problems can delay payment even when coverage exists. Do not assume a dollar figure until the policy and the bills have been reviewed.
PIP does not pay for pain and suffering. Compensation for pain, suffering, disability, scarring and other non-economic losses — and for medical expenses and wage loss beyond what PIP pays — comes, if at all, from a separate bodily-injury (liability) claim against the driver and any other responsible parties.
Fault still matters for the liability claim. New Jersey follows modified comparative negligence, N.J.S.A. 2A:15-5.1: an injured person who is partly at fault can still recover on a liability claim so long as their share of fault is not greater than the defendants', with the recovery reduced by their percentage of fault. Fault does not decide PIP, but it can decide the liability case.
Other coverage may come first. If you have your own auto policy, or you live with a relative who does, that PIP coverage may be the primary source — Boone was about a pedestrian who had neither. Health insurance, workers' compensation (if you were working when you were hit) and other benefits can also affect who pays and in what order.
Who Boone helps — and where it stops
Boone is a strong decision, but it is a fact-specific one. The Appellate Division limited its holding to what was before it: an insurer in New Jersey must include uninsured-pedestrian PIP coverage in a TNC liability policy covering a TNC driver's personal vehicle, and the Lyft policy in that case had to be reformed. Use the table below as a starting point, not as a coverage guarantee.
Situation | How Boone applies |
Pedestrian, no own or household auto policy, hit in NJ during a prearranged Uber/Lyft ride | Squarely within Boone — pursue PIP from the TNC's liability insurer. |
Pedestrian who has own or household PIP | Boone may not be needed; your own/household PIP will usually be examined first. |
Driver logged into the app but no ride accepted yet | Outside the Boone facts — the TNC Act treats this period differently (N.J.S.A. 39:5H-10(b)). Needs separate analysis. |
Rideshare passenger injured in a crash | Different claim — passenger coverage and PIP priority follow different rules. |
Hit by an ordinary private car (no rideshare) | Different route — pedestrian PIP through the driver's policy or, if no coverage exists, potentially the UCJF. |
Crash outside New Jersey | Boone construes New Jersey statutes; other states' law will control. |
One more limit to keep in mind: Boone decided that Liberty Mutual, not the UCJF, was responsible on those facts. The Appellate Division expressly declined to address UCJF coverage more broadly than its holding required. Do not read Boone as a general ruling on everything the UCJF does or does not cover.
Why the UCJF is no longer the first stop — but do not ignore it
Before Boone, an uninsured pedestrian with nowhere else to turn would naturally look to the UCJF, the state fund administered by NJPLIGA for eligible claims when no other coverage is available. Boone changes the order of operations for rideshare crashes: check the TNC's liability policy first, because that insurer may owe the PIP benefits.
That does not mean you should let a UCJF claim lapse while you argue with the rideshare insurer. NJPLIGA requires a Notice of Intention to Make a Claim (NOI) for UCJF claims — within 180 days of the accident under N.J.S.A. 39:6-65 — along with a PIP application, an affidavit in support of UCJF eligibility, a certificate of Medicare eligibility and a HIPAA authorization. NJPLIGA's own guidance describes UCJF pedestrian PIP in terms of pedestrians hit by a private passenger automobile with no other available coverage, which is precisely the classification fight Boone was about. Filing a protective NOI while the TNC coverage dispute is sorted out costs little; missing the 180-day window can cost the backup claim entirely. Have a lawyer calendar it in every uninsured-pedestrian case.
Hit by a rideshare driver while walking? Do this now
Get medical care first, and keep getting it. Call 911, accept evaluation, and follow up promptly. Gaps in treatment hurt both your health and your claim, and PIP is meant to pay for prompt treatment.
Prove the ride status. Boone turned on the driver providing a prearranged ride. Screenshot anything you can — the other party's app screen if shown, the passenger's trip receipt, the vehicle and plate, the driver's name — and note the time. Ask the responding officer to record that the driver was on an Uber or Lyft trip, and get the police report number.
Identify every policy. Get the driver's personal insurance information and the rideshare company's insurance information. In Boone the operative policy was the Business Auto policy issued to Lyft itself, not just the driver's personal policy.
Give PIP notice as soon as you can. Under N.J.S.A. 39:6A-5, an insurer may require written notice of an accident as soon as practicable, and a completed PIP application will be required. Do not wait for a denial letter from someone else before opening the claim.
Protect the UCJF backup. If you have no policy of your own, have the 180-day UCJF notice deadline calendared and file protectively if there is any doubt about which insurer must pay.
Do not accept “the policy doesn't cover that” as the last word. That is exactly what Liberty Mutual said in Boone. A policy that omits coverage the statute requires can be reformed to include it.
Be careful with recorded statements and quick settlements. A fast liability offer does not pay ongoing medical bills the way PIP can, and signing a general release can end claims you have not yet evaluated.
Talk to a New Jersey personal injury lawyer early. PIP priority, ride status, UCJF notice and the liability case all run at once, on different deadlines. An early coverage review is what Boone rewards.
Deadlines run on different clocks — do not confuse them
Deadline | What it is |
As soon as practicable | Written notice of the accident to the PIP insurer, N.J.S.A. 39:6A-5. There is no benefit to waiting. |
21 days from start of treatment | Treating providers must notify the PIP insurer that treatment has begun, N.J.A.C. 11:3-25.3. Tell every provider where the PIP claim is open. |
180 days from the accident | Notice of Intention to Make a Claim for a UCJF claim, N.J.S.A. 39:6-65. File protectively while TNC coverage is disputed. |
2 years from the accident | General deadline to file a personal injury lawsuit, N.J.S.A. 2A:14-2. Exceptions exist — minors and claims involving public entities (which can require notice within 90 days) are treated differently. Verify the deadline for your facts. |
Missing a PIP notice or application step can give an insurer a reason to delay or dispute payment, and missing a filing deadline can end a claim outright. None of these clocks stops while an insurer is “reviewing” coverage.
Questions we expect — and the answers Boone gives
The rideshare insurer says its policy has no pedestrian PIP. Is that the end of it?
No. That was Liberty Mutual's position in Boone, and it lost. If N.J.S.A. 17:28-1.3 requires the coverage, a policy that leaves it out is reformed to include it.
The insurer says the TNC Act is the only law that applies to rideshare. Correct?
Not on this issue, according to Boone. The TNC Act does not mention pedestrian PIP and does not exempt TNC liability policies from the insurance statutes that bind insurers, including N.J.S.A. 17:28-1.3.
I have no car and no insurance. Who pays my emergency room bill?
After Boone, start with the rideshare company's liability insurer if the driver was providing a prearranged ride. Keep the UCJF notice deadline protected as a backup, and have the coverage order reviewed — health insurance and other benefits may also be in the picture.
Does PIP mean I cannot sue the driver?
No. PIP and a bodily-injury claim are separate. PIP addresses eligible medical expenses and related statutory benefits without regard to fault. A liability claim addresses fault-based damages, including pain and suffering, subject to New Jersey's comparative-negligence rule and the applicable lawsuit deadline.
What if the driver had the app on but had not picked anyone up?
Boone does not decide that case. Its facts involve a driver who was logged in and transporting a passenger. The TNC Act sets different insurance requirements for the logged-on-but-not-yet-on-a-ride period, so that claim needs its own coverage analysis — another reason to preserve every deadline while the facts are pinned down.
How Wolf Law PC can help after being hit by an Uber or Lyft
Wolf Law PC is a Red Bank firm with 40+ years serving New Jersey clients, including personal injury and auto accident cases. In a rideshare pedestrian case, our work starts with coverage, not slogans: confirming the driver's ride status, identifying the TNC policy and the driver's personal policy, opening the PIP claim with the right insurer, protecting the UCJF notice deadline, and building the bodily-injury claim while the medical claim is being paid.
If you were hit by an Uber or Lyft driver while walking — or an insurer has told you there is no PIP coverage because you do not own a car — call us for a free consultation at 732-741-4448 (call or text) or visit wolflawnj.com. Bring the police report, any photos or screenshots showing the rideshare trip, and any denial letter you have received. We will tell you plainly which insurer should be paying, which deadlines are coming up, and what we would do next.
Injured as a pedestrian? Call or text Wolf Law PC at 732-741-4448 for a free consultation. The sooner ride status and coverage are confirmed, the easier a Boone claim is to prove. |
Sources
Boone v. Unsatisfied Claim and Judgment Fund/New Jersey Property-Liability Insurance Guaranty Association, No. A-2772-24 (App. Div. July 24, 2026) (approved for publication) — https://www.njcourts.gov/system/files/court-opinions/2026/a2772-24.pdf
N.J.S.A. 17:28-1.3 (liability policies on motor vehicles must provide pedestrian PIP); N.J.S.A. 39:6A-2(a) and 39:6A-4 (No-Fault Act definitions and PIP benefits); N.J.S.A. 39:5H-2 and 39:5H-10 (TNC Act definitions and insurance requirements).
New Jersey Property-Liability Insurance Guaranty Association, UCJF Claims / Pedestrian PIP Claims (Notice of Intention within 180 days, N.J.S.A. 39:6-65) — https://NJGUARANTY.ORG/ucjf-claim2.html
N.J.A.C. 11:3-25.3 (provider notice of commencement of treatment within 21 days); N.J.S.A. 39:6A-5 (notice as soon as practicable); N.J.S.A. 2A:14-2 (two-year personal injury limitations period); N.J.S.A. 2A:15-5.1 (comparative negligence).
Please note: This post is general information about New Jersey law, not legal advice about any specific case, and reading it does not create an attorney-client relationship. Insurance coverage depends on the facts, the policies and the deadlines in your case. Results in other cases do not guarantee a similar outcome. If you were injured, speak with a New Jersey lawyer promptly about your own claim. |
For a free consultation, contact Wolf Law today, or call/text us at (732) 741-4448.
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