Accidents involving Uber and Lyft drivers often confuse plaintiffs because these drivers work for a company that claims they are not responsible for their drivers. This makes it hard to know who is responsible, on top of all the other issues involved with getting compensation for a car accident.
Our lawyers can help victims file their claims with the right parties, hold them responsible for their injuries, and get the damages they need. When you are injured, never trust Uber or Lyft to have your best interests in mind, and always speak to a lawyer before accepting any money or signing any documents.
Call the Law Office of John J. Sheehan today at (617) 925-6407 for a free case evaluation with our Uber and Lyft rideshare accident attorneys.
Can I Hold Uber and Lyft Responsible for a Rideshare Accident?
Uber and Lyft hire drivers who operate all over the country, but these companies work to block lawsuits against them. Instead of treating their drivers as employees, the companies insist the drivers are independent contractors, making them independent of these rideshare companies.
That means that after a crash, you usually cannot file a case directly against a rideshare company. However, the driver is still required to have insurance – and Uber and Lyft provide insurance coverage for accidents – so there should be money to pay for your injuries.
In rare cases, Uber and Lyft do share some blame, such as when they fail to properly screen drivers. This can make the company responsible for really dangerous driving, vehicular assault, or assault by an Uber/Lyft driver, but not usually for everyday crashes.
Whose Insurance Covers an Uber/Lyft Accident?
Massachusetts is a no-fault state, which means that drivers must carry insurance called PIP (personal injury protection) to cover themselves and their passengers first. Then, if your injuries are serious enough, you can reach past that to the at-fault driver’s insurance.
In Uber/Lyft accidents, this means four different parties’ insurance might cover you:
Your Insurance
If you were driving another car, your first-party benefits should cover you first. After that, you can go after the other drivers’ insurance for serious injuries and damages over $2,000.
If you were a passenger, your insurance usually does not come into play; your driver’s PIP covers you.
Another Driver’s Insurance
If you were hit by another car while riding in an Uber or Lyft, that driver might be at fault. After exhausting PIP, you might go after their insurance to get coverage for your damages, including pain and suffering.
Uber/Lyft Driver’s Insurance
The Uber or Lyft driver must have insurance to drive a car. Their personal insurance usually will not cover crashes while driving for a rideshare company, meaning they also need a commercial or rideshare policy.
If you were a rider in their car, their first-party coverage initially covers you. If they were at fault for the crash – whether you were in their car or another car – then they should cover your damages beyond PIP coverage.
Uber/Lyft’s Insurance
Fortunately, injury victims do not have to rely solely on the rideshare driver having enough insurance. Both Uber and Lyft provide additional insurance coverage that kicks in in various situations to cover your injuries.
The highest coverage these companies have covers crashes while there is a rider in the car or the driver is on the way to a pickup, and it usually covers up to $1 million.
Do I Have to Sue for a Rideshare Accident in Brockton?
Suing in court is sometimes the best way to get your damages paid, but it is not always needed.
Our lawyers have to assess your case individually to see how strong it is, what evidence is available, what damages you need paid, and whether there are any complicated facts that make it harder to win. If your case is straightforward and the damages are clear, insurance might be enough to cover it.
However, you should never trust insurance.
Insurance companies will often undercut damages and pay just enough to keep you from going to court. If our lawyers review their offers and they are too low, we might advise filing a lawsuit.
When you file a lawsuit, you take the power away from the insurance companies to dictate terms. When they are deciding who is at fault and how much the case is worth, they will usually twist decisions in their favor.
When you go to court, a judge and jury decide instead. The jury might even decide to pay you more than you asked for if your case is strong and your injuries are serious.
Will Uber or Lyft’s Representatives Help Me?
Uber and Lyft both have representatives that handle various aspects of accidents on their end. Whether you are an Uber/Lyft driver or passenger or someone in another car, these reps might try to reach out to you after the accident.
It is important that you do not talk to them on your own. Always have your lawyers talk to insurance companies, Uber/Lyft reps, and other parties.
These representatives, along with insurance adjusters, are always on the lookout for any information or statements they can use to pin the accident on you or deny relief. Instead of saying something they might use against you, redirect them to our Uber and Lyft rideshare accident lawyers.
What Can a Rideshare Accident Lawyer Do for Me?
As noted, we can speak with the insurance companies and Uber/Lyft representatives for you. This allows you to focus on your recovery while we negotiate with insurance and get your damages paid.
We can also research your case, put together evidence, obtain medical records, get vehicle damage appraised, and calculate other damages you might claim. If you are out of work, we can analyze how much income you are losing and what damages you will face in the future, too.
When needed, we can also fight your case at trial.
Call Our Uber and Lyft Rideshare Accident Lawyers in Brockton Today
For help with your case, call our Uber and Lyft rideshare accident attorneys at the Law Office of John J. Sheehan at (617) 925-6407.