Uber Eats Insurance in New Jersey Same Company, Separate Policy, Different Law

What Happened

On August 17, 2017, an Uber Eats driver was making a delivery on his motorcycle when a car turning onto the Route 17 entrance ramp in Hackensack hit him. He was thrown from the bike and needed multiple surgeries.

The other driver's policy carried $15,000 per person and $30,000 per accident of bodily injury liability, and his injuries exceeded that. That's when underinsured motorist coverage matters: it pays when the at-fault driver doesn't carry enough. But the business auto policy behind Uber Eats didn't include underinsured motorist benefits. His argument was that New Jersey's rideshare law requires at least $1,500,000 of UM/UIM, so the coverage had to be there.

What the Court Decided

The Appellate Division called it "the sole legal issue": whether the Act "applies to food delivery services, such as Uber Eats." It held that it doesn't. The Act applies "only to the prearranged transport of persons and not to the delivery of food."

Using an app wasn't enough. To fall under the Act, "the app-based connection must be used to arrange a ride between a driver and a human rider." The court also noted that his motorcycle couldn't have qualified to carry Uber passengers in New Jersey anyway.

He argued there was "a hole in the law." The court said filling it is the Legislature's job. Delivery-app insurance bills (S3139 and A3568) have sat in committee since January 2026. Neither is law.

Source: Malzberg v. Josey, 473 N.J. Super. 537 (App. Div. Sept. 27, 2022) · N.J.S.A. 39:5H-10(c).

What It Means for You

No New Jersey statute sets insurance minimums for Uber Eats deliveries. Uber says it maintains UM/UIM for delivery "in states where it is required by law," and that its delivery coverage doesn't pay for your injuries during any period of a delivery.

So if an underinsured driver hurts you on an Uber Eats delivery, the protection to look for is your own policy's UM/UIM, if its wording covers you while delivering. New Jersey builds UM/UIM into every standard policy, at least $35,000 / $70,000 for policies issued or renewed since January 1, 2026. Insurers must offer higher limits, up to at least $250,000 / $500,000 or a $500,000 single limit, as long as they don't exceed your liability limits.

One more thing to know: under the statute, a car counts as underinsured only when its liability limits are lower than your UIM limits. In plain terms, a minimum UIM limit does nothing against a driver who carries the same minimum, which is why your own limit matters so much once the $1.5 million isn't there.

Sources: Uber, delivery insurance · N.J.S.A. 17:28-1.1.

Malzberg is one published Appellate Division decision. This is general information about New Jersey law, not legal advice; talk with your own attorney about your situation. The whole case, step by step: Malzberg v. Josey explained.