Ridesharing applications like Uber and Lyft have become increasingly popular as cost-effective and convenient transportation options. However, many users of these services do not have insight into how car accident insurance claims work with a ridesharing service. It is crucial for Uber and Lyft customers to understand the distinctions.
Although both Uber and Lyft provide comprehensive liability insurance to their drivers, understanding the specifics of each policy can be challenging. When an accident occurs, either company may dispute the claim or deny liability, leading to claim denials or insufficient settlement offers. To protect your rights, professional legal representation is essential. You should not be responsible for the medical expenses related to your injury.
As a Massachusetts Uber accident attorney with years of experience and a proven track record of success, Brandon J. Broderick, Attorney at Law, can help you seek the compensation you deserve. Our honest and straightforward approach to clients and unwavering dedication to their needs have made us one of the top personal injury law firms in Massachusetts. With us by your side, you can focus on healing and spending time with your loved ones.
Below, you will find answers to the most frequently asked questions from individuals involved in ridesharing accidents in Massachusetts.
- Is Hiring a Lawyer Necessary After an Uber Accident in Massachusetts?
- Insurance Coverage for Uber and Lyft in Massachusetts
- What Insurance Coverage Applies When an Uber Driver is Waiting for a Passenger?
- Compensation Types for Uber and Lyft Accidents in Massachusetts
- Differences Between Uber, Lyft, and Taxi Services
- Steps to Take After an Uber Accident in Massachusetts
- How to File an Accident Report With Uber in Massachusetts
- Can I File a Lawsuit Against Uber or Lyft After an Accident?
- Involved in an Uber Accident in Massachusetts? The Law Offices of Brandon J. Broderick Can Assist You Today
Is Hiring a Lawyer Necessary After an Uber Accident in Massachusetts?
Accidents, by their nature, are unexpected. As a passenger in an Uber or Lyft, you likely never anticipate being involved in one. However, if an accident does occur, the aftermath can be overwhelming as you try to recover from injuries while managing financial responsibilities.
At Brandon J. Broderick, Attorney at Law, we prioritize maintaining open communication and delivering exceptional client service. When you work with us, you will always be kept informed. We stand by you every step of the way, ensuring that we never let you down.
With Decades of Experience, We Handle Complex Negotiations and Court Proceedings
Ridesharing companies like Uber and Lyft will seize any opportunity to turn an accident situation in their favor, potentially offering very low settlements or outright refusing to pay, especially if you lack legal representation.
By hiring Brandon J. Broderick, Attorney at Law, you will have full access to experienced MA Uber accident attorneys and professionals who can determine the best course of action. Our attorneys will gather evidence, speak with potential witnesses, and negotiate to secure the compensation you deserve.
You do not need to communicate with Uber or the other party; Brandon's team will manage all interactions. If we are unable to reach a fair agreement through negotiations, we are fully prepared to go to trial and do everything possible to win.
Your Losses Should Be Fully Compensated
Severe injuries from auto accidents often require ongoing medical care. If your injury is severe enough, you may be unable to work, adding financial stress to the rising cost of medical care.
If your injury results in a permanent disability or even temporary pain that prevents you from enjoying your favorite activities, you are entitled to compensation for all your losses, not just immediate medical expenses.
Brandon J. Broderick's Uber and rideshare accident attorneys in Massachusetts will fight to secure the maximum possible settlement on your behalf.
Insurance Coverage for Uber and Lyft in Massachusetts
Ridesharing services have multiple coverage variables depending on the different stages of the ride. Below, we outline the insurance thresholds for each stage.
Stage One: Personal Insurance Coverage When Not Seeking Ridesharing Customers
When the driver is not actively seeking ridesharing customers, their personal insurance will cover all liabilities.
Stage Two: Insurance Coverage While Searching for Ridesharing Customers
When the driver is actively using the ridesharing application to find passengers, insurance coverage from the ridesharing company is automatically applied during this period.
- $25,000 in property damage per accident
- $50,000 bodily injury per involved
- $100,000 in bodily injury per accident
Stage Three: Insurance Coverage While Picking Up or Transporting Passengers
The third stage is activated when the driver is either on the way to pick up a passenger or actively transporting one. During this stage, the following insurance coverage is provided:
- $1 million for bodily injury and property damage, contingent collision, and comprehensive coverage
What Insurance Coverage Applies When an Uber Driver is Waiting for a Passenger?
On average, Uber drivers spend 40% to 60% of their working time waiting for passengers, a period known as "deadheading." This refers to an Uber driver being stationary while keeping the app active in anticipation of a trip request. Determining the appropriate insurance coverage for accidents occurring while a driver is on duty but not actively driving can be complex.
Commercial coverage provided by both Lyft and Uber meets the legal minimum requirements after the driver's personal insurance is applied. In some cases, Uber drivers might need to carry additional insurance. Uber assumes that the driver's personal insurance will cover any financial obligations from injuries sustained in an accident or inflicted upon others. However, many drivers choose to supplement their ridesharing insurance policies to prevent claim denials while the vehicle is being used for business purposes.
Uber's insurance policy activates once the driver's personal insurance coverage is exhausted. This policy provides coverage for bodily injury up to $75,000 per injury per accident, with a per-accident cap of $150,000. This coverage applies when a driver's app is active but no passengers are being transported. Additionally, Uber's uninsured motorist coverage includes bodily injury liability up to $25,000 per individual and $50,000 per accident, fatal injury coverage up to $100,000 per accident, and property damage coverage up to $25,000. This coverage is also applicable to hit-and-run incidents.
Compensation Types for Uber and Lyft Accidents in Massachusetts
Uber accident victims may be curious about the average settlement amount for ridesharing accidents. In personal injury settlements, compensation can be awarded for both economic losses and the impact on the victim's quality of life. The severity of the injury plays a significant role in determining the compensation amount.
It's crucial to remember that you are not obligated to accept the insurance company's initial settlement offer. Insurance providers often make low offers, especially soon after the accident. Before deciding on a settlement, you need to assess the extent of your injuries, the duration of your recovery, and when you can return to work.
To understand what to expect in your specific Uber accident case, consult with an experienced Massachusetts Uber accident attorney, such as Brandon J. Broderick, Attorney at Law.
What are Economic Damages?
It is important to note that emotional suffering and punitive damages are not considered economic losses. When filing an Uber accident claim, you can seek reimbursement for both current and future medical expenses. Recovery from a serious injury may take years and require ongoing therapy, rehabilitation, or home modifications.
Examples of medical costs include:
- Hospitalization and medical care
- Residential care
- Surgery
- Medical equipment
- Medical experts
- Rehabilitation
Calculating long-term economic damages can be challenging. Medical professionals are necessary to assess the severity of your injuries and estimate the duration of your recovery. In this situation, an attorney familiar with MA Uber accidents is invaluable, as they can guide you on the best course of action.
Loss of wages is another form of economic damage. If your injury prevents you from working, you must demonstrate how much income you have already lost and will continue to lose to receive compensation. Additionally, you may be eligible for reimbursement for household services, such as housekeeping, that you can no longer perform yourself, alongside monetary compensation.
What are Non-Economic Damages?
Non-economic damages are more challenging to quantify. These damages compensate an injury victim for their suffering. If the victim passes away, the surviving parties may also claim for loss of companionship or consortium.
"Pain and suffering" refers to the mental and physical toll an accident and its resulting injuries have on a person. Injury victims can receive compensation for both their physical and psychological suffering, which can sometimes be substantial.
As a result, Uber and Lyft maintain significant insurance coverage for such incidents, anticipating the possibility of these claims. However, this does not mean they will readily accept responsibility for their actions.
An experienced Massachusetts Uber accident attorney like Brandon J. Broderick, Attorney at Law, can help you seek compensation for non-economic damages. With their expertise, they can defend and explain the estimated amount you are seeking, ensuring you receive the compensation you deserve.
Differences Between Uber, Lyft, and Taxi Services
Uber, founded in San Francisco in 2009, aimed to compete with local taxi services and has since created an entirely new business category. Ridesharing services like Uber and Lyft differ significantly from traditional taxi services in terms of liability, accidents, and insurance.
Unlike ridesharing services, taxi and cab drivers have specific insurance plans with varying levels of coverage. Uber and Lyft drivers use their own vehicles and are considered independent contractors, not employees of the company. In contrast, taxi drivers typically do not own the vehicles they operate and are always covered by business insurance while on duty.
Steps to Take After an Uber Accident in Massachusetts
Being involved in a ridesharing accident can be a traumatic experience. To ensure your safety and protect your legal rights, follow these steps after an accident in Massachusetts:
Ensure Safety and Seek Medical Attention
After a car accident, you should typically seek medical attention, regardless of how minor your injuries seem to be. Whiplash and other injuries may take some time to manifest themselves after a car accident. By seeing a doctor, you want to ensure your health. The medical records may be useful for your accident claim.
Check for Injuries: Assess yourself and others for any injuries. If anyone is seriously hurt, call 911 immediately.
Move to Safety: If possible, move to a safe location away from traffic to prevent further accidents or injuries.
Report the Accident, Take Photos and Document the Scene
Report the Accident: Notify the local police and provide them with a detailed account of the incident. An official police report is crucial for any future claims or legal actions.
Take as many photos of the accident scene and other documentation as you can. It is important to take pictures of any potentially hazardous or poor road conditions, as well as any signs identifying the car as an Uber. Ensure that you take photographs of all vehicle damage.
Gather Information and Notify Your Ridesharing Company
Exchange Information: Obtain contact details, driver’s license numbers, insurance information, and vehicle details from all drivers involved in the accident.
Collect Witness Information: If there are witnesses, ask for their contact information and a brief statement of what they saw.
Notify Your Ridesharing Company: Use the app to report the accident to the ridesharing company (Uber, Lyft, etc.). Follow their procedures for documenting and reporting accidents.
Remember to keep a detailed record of the trip, the driver, and your Uber accident. Gather the names and contact information of any other passengers, drivers, or witnesses who may have been present, take a screenshot of the app and the ride, and note any other possible witnesses.
How to File an Accident Report with Uber in Massachusetts
To file an accident report with Uber, you must complete a form available on their website. Visit their site for more detailed instructions on submitting a report. If you have been injured in an accident involving an Uber, it is crucial to consult a Massachusetts Uber accident attorney before filing a claim. An attorney can explain your legal rights and the compensation you may be entitled to.
After you file a claim with Uber, their insurance representatives or legal team may contact you to request a recorded statement or to offer a low settlement. Having legal representation ensures that your interests are protected and that your attorney can negotiate on your behalf. An experienced Uber accident attorney can effectively present your case, gather necessary evidence, and demonstrate the severity of your injuries and their impact on your daily life.
Can I File a Lawsuit Against Uber or Lyft After an Accident?
If you were not at fault, you can file a lawsuit against Lyft or Uber to seek compensation for injuries sustained as a passenger or as a result of an accident involving one of their vehicles. Lawsuits are typically filed when the parties involved cannot reach an agreement.
Involved in an Uber Accident in Massachusetts? The Law Offices of Brandon J. Broderick Can Assist You Today
The success of Brandon J. Broderick’s law firm is rooted in his compassionate approach to clients and their needs. This has earned us a reputation as one of Massachusetts' most trusted Uber accident attorneys. With decades of experience in personal injury law, our attorneys are equipped to handle even the most challenging personal injury and accident cases, ensuring successful outcomes. We are dedicated to standing by our clients' sides, helping them recover after an injury.
We have multiple office locations across Massachusetts, including Barnstable, Boston, Brockton, Cambridge, Fall River, Haverhill, Lawrence, Lowell, New Bedford, North Attleborough, Springfield, and Worcester. Don't face Uber or Lyft alone. We are always ready to assist you and your family. Contact us today for a free consultation. We look forward to working with you and providing the support you need.