Uber and Lyft Accidents

In Massachusetts, where residents are always on the go and driving your own car often involves hassles of parking, traffic, and other issues, rideshare apps like Uber or Lyft are a common solution.  Whether getting picked up at Logan airport in Boston, enjoying a night out in Cambridge, or hustling to make it to work on time, Massachusetts residents frequently Uber or Lyft to their destinations.  Evidence shows that in 2019, the year of the most recent comprehensive data report by the Department of Public Utilities, 91 million rideshare trips were taken in Massachusetts.  Sadly, not all of these rides end safely.  Many Uber and Lyft trips in Massachusetts are affected by car accidents, leaving rideshare drivers and passengers injured.

Attorney Tracy Paulsen is dedicated to representing the victims of Massachusetts Uber and Lyft car accidents, serving communities in Bristol County, Boston, Norfolk County, Plymouth County, and beyond.  At her firm, Rightful Legal, Attorney Paulsen and her team stand firmly beside those injured in rideshare accidents, fighting for their rights and pursuing justice after their painful injuries.  With more than fifteen years of experience, Attorney Paulsen understands the complexities of Massachusetts car insurance coverage, even in rideshare cases.  She and her team routinely take on the toughest insurance companies, both in negotiations and in the courtroom.  Rightful Legal is committed to offering not only strong legal advocacy, but also the compassion and guidance Uber and Lyft accident victims need when striving to recover fair compensation and rebuild their lives.

Have you been injured or lost a loved one in a rideshare accident in Massachusetts?  Reach out now to Attorney Tracy Paulsen and Rightful Legal for a free, no-obligation case consultation.  Rightful Legal will keep the information you share with us in this consultation completely confidential, and we will not pressure you with sales tactics.  Our team simply wants to hear your story and let you get to know us.  If, after this consultation, you choose to retain Rightful Legal, we will passionately fight for your rights for the entire duration of your case.  For every client, we strive to recover the maximum possible compensation for your injuries so you can recover and move on from the Uber and Lyft accident that harmed you.

What Makes Lyft and Uber Car Accident Cases Complicated?

If you have been injured in a rideshare car accident, whether as a passenger or driver, you should seek the counsel of an experienced personal injury attorney as soon as possible.  While it is always wise to have an attorney in the aftermath of any car crash, cases involving Uber or Lyft are especially complicated.  A few things that make these cases difficult include:

  • Uber and Lyft drivers are independent contractors.  Rideshare drivers are not employees of the company for which they drive.  This means Uber or Lyft is not usually directly responsible for drivers’ actions, though they may be responsible for insurance payouts for some injuries.  This also means that rideshare drivers cannot obtain workers’ compensation if they are hurt while working, and they must pursue personal injury cases instead.
  • There are many different insurance policies at play, and which ones apply depend on the facts of the accident.  In a typical multi-vehicle accident, like a T-bone accident, in which one of the cars involved was an Uber or Lyft, there are at least three insurance policies potentially involved: the driver’s personal insurance, the rideshare insurance, and the other driver’s insurance.  Determining which of these policies should pay, how much they should pay, and in what order they should pay is a difficult task.  The knowledge and experience of a seasoned uber accident attorney is invaluable in navigating this maze of coverage.
  • Available insurance coverage depends on whether a driver had their rideshare app open and what they were doing at the time of the accident.  The level of coverage provided by Uber or Lyft varies depending on whether a driver had their app open and what phase of the rideshare they were in.  There is one, lowest level of coverage when a driver is waiting to be assigned a ride.  There is another, higher level of coverage when a driver is on the way to pick up a passenger.  And there is a third, highest level of coverage for when a passenger is in the car.  Nailing down the timeline of the particular ride involved in the accident is crucial to recovery.

Below, we will discuss some common scenarios to help you understand what typically happens in particular types of Massachusetts rideshare car crashes.

What If You are Injured as an Uber or Lyft Passenger in a Rideshare Accident in Which Your Driver Was at Fault?

If you are hurt as a passenger in a rideshare vehicle when your driver was at fault for the accident, you are generally protected by the insurance coverage that companies like Uber and Lyft provide for their drivers.  Lyft reports that it offers up to $1 million in liability coverage when a driver is actively using the app, either on the way to pick up a rider or during a trip with a passenger in the car.  Similarly, Uber maintains a $1 million liability insurance policy that applies when a driver is en route to pick someone up or transporting a passenger.  For injured riders, this level of protection is often much greater than what is available under standard auto insurance policies, offering them protection for serious injuries.

What If You are Injured as an Uber or Lyft Passenger in a Rideshare Accident in Which Another Driver Was at Fault?

If you are injured as an Uber or Lyft passenger but your driver was not at fault for the accident, typically you must recover from the auto insurance policy of the at-fault driver who caused the accident with your rideshare vehicle.  It is crucial that you personally collect the contact and insurance information of the at-fault driver if at all possible.  Do not rely on Uber or Lyft to provide you with this information.  

If the at-fault driver’s coverage is insufficient to compensate you for your injuries or related losses, it is possible that the rideshare insurance coverage may apply.  

A limited amount of personal injury protection or PIP, essentially coverage for certain medical bills and lost wages, may be available from the rideshare company in Massachusetts, regardless of which driver is at fault.

What If You Are Injured as an Uber or Lyft Driver in an Accident Caused by Someone Else?

If you are injured as an Uber or Lyft driver in an accident where someone else is at fault, your first source of recovery will be the insurance policy of the at-fault driver, much as it would be in a traditional car crash.

However, if the at-fault driver is not insured or does not have sufficient insurance, either your personal insurance policy or the rideshare app’s insurance may apply.  

  • Often, you must recover first from your own policy’s uninsured or underinsured motorist coverage.  In Massachusetts, uninsured motorist coverage of at least $25,000 for one person is mandatory, though some drivers choose to carry more.  Underinsured motorist insurance coverage is optional for Massachusetts drivers, and rideshare drivers should check their policies to ensure they are maintaining sufficient coverage.
  • Any coverage from the rideshare company further depends on whether you had a passenger in your vehicle at the time of the accident, which yields the highest amount of insurance coverage.  If you were en route to pick up a passenger, a lower amount of coverage applies.  An even lower amount applies if you were on the Uber or Lyft app waiting for a ride.

Note that if you did not inform your personal insurance policy that you were using your car for ridesharing, any accident that occurs while using the Uber or Lyft app is likely excluded from your policy.  It is important that you immediately inform your car insurance company of your rideshare work.

As a driver, do not rely on Uber or Lyft to provide information about whether you were working at the time of the accident.  Take screenshots as soon as possible after your accident to document that you were using the Uber or Lyft app and what you were doing at the time of the collision.

What If You Are Injured in Another Vehicle in an Accident Caused by an Uber or Lyft Driver?

If you are a driver or passenger in another vehicle, and an Uber or Lyft driver causes an accident, you are typically covered by the rideshare coverage maintained by Uber or Lyft.  Surprisingly to many injured Uber car accident victims, your recovery may depend on whether the driver had a passenger in the car or was picking one up at the time of the collision.  It is crucial that you work to obtain this information at the time of the collision if doing so is safe and possible. 

If the driver was on the way to pick up an Uber or Lyft passenger or was in the middle of a ride, the $1 million rideshare insurance policies discussed above apply.

If, however, the Uber or Lyft driver was waiting for a ride at the time of the collision, meaning they had the app open but did not have a passenger and were not on the way to pick one up, Uber and Lyft provide a much lower $50,000 per person and $100,000 per accident in bodily injury liability coverage, along with $25,000 per accident for property damage.  The driver’s personal insurance will likely not cover such a collision.

If the driver did not have the Uber or Lyft app open at the time of the accident, their personal insurance policy will apply.

Yes.  Rightful Legal stands with and advocates for survivors of rideshare-related sexual assault.  We recognize that accidents are not the only way in which Uber and Lyft rides can injure drivers and passengers.  If you have been assaulted as a rideshare driver or rider, you are not alone.  Survivors of rideshare sexual assault cases accross the country are standing up and holding rideshare companies accountable for their injuries and suffering.  Coming forward is a brave decision, and if you are ready to do so, Attorney Tracy Paulsen and her team are ready to Fight for Your Rights, whether you live in Massachusetts or anywhere in the United States..

Have you been hurt in a rideshare car accident, as either a passenger or driver?  If another driver’s negligence or recklessness caused the Uber or Lyft accident, you may have the legal right to pursue compensation for your injuries.  If you have lost a loved one in an Uber or Lyft accident caused by another driver, a wrongful death claim may be an option for your family.

At Rightful Legal, we treat every client with care and respect, not just as another number.  Rightful Legal is located in Attleboro, with strong connections across Bristol County, Plymouth County, Norfolk County, the Boston area, and throughout Massachusetts.  Attorney Tracy Paulsen has spent more than fifteen years advocating for those injured in car crashes.  She combines her local Massachusetts personal injury insight with a proven record of taking on powerful insurance companies, ensuring that clients receive the personalized guidance and attention that larger, nationwide firms often cannot provide.

We know how overwhelming Uber and Lyft accident cases can be, especially when it comes to dealing with different auto insurance policies and layers of coverage.  The insurance carriers of both the rideshare company and the at-fault driver often work to limit their responsibility by questioning the severity of your injuries, minimizing the impact of your loss, or claiming that certain coverage does not apply.  Attorney Paulsen and her team are here to push back, gathering critical evidence, calculating the true extent of your damages, and helping to ensure you have access to all applicable coverage.  Best of all, you do not pay us any fees unless we secure compensation for you.

Rightful Legal is committed to making the rideshare accident claim process as straightforward as possible.  We offer you a free, confidential consultation so that we can hear your story, explain your legal options, and help you make the best decision possible about your Uber or Lyft accident case.

Text or Call Rightful Legal Right Away at 617-821-5856 or contact our dedicated Massachusetts Rideshare Accident Victim Attorneys Online Now.

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