Many people today use rideshare companies like Uber and Lyft to get around but are unsure what to do after an accident. Our lawyers can help you get compensation in these complex cases.
Several insurance options can help cover your losses after an accident involving an Uber/Lyft driver. Your own coverage can initially cover medical expenses, and the rideshare driver’s commercial insurance can help cover the gaps. If you were the passenger or they were transporting one, Uber or Lyft also offers coverage. For those with serious injuries or thousands of dollars of medical bills, we can help file a lawsuit for non-economic damages.
Call the Law Office of John J. Sheehan today at (617) 925-6407 for your free case review with our Uber and Lyft rideshare accident lawyers.
How Long You Have to File a Claim After an Uber or Lyft Accident in Lawrence
Whether filing for insurance or a lawsuit, you only have a limited time to claim damages from an Uber or Lyft crash. Under Mass. Gen. Laws Ch. 260 § 2A, the statute of limitations law, Uber and Lyft accident victims have three years to file a claim.
The time starts running the moment you are injured, so contact our Uber and Lyft accident attorneys to start gathering evidence and prepare your case. Once time runs out, you will not be able to pursue compensation, leaving you to cover your damages.
Some injury victims will have more time to file based on the circumstances. Perhaps the Uber or Lyft driver fled the scene after a hit-and-run crash. If you cannot identify the driver, the time will not count against the limitations period. Once the driver is identified, victims have six months to file a case under § 4B.
Underage accident victims will also have the statute of limitations paused until they turn 18 under § 7. After their 18th birthday, they have three years to file a claim.
Understanding the Insurance Process for Uber/Lyft Accidents in Lawrence
Massachusetts is one of the few states to use a no-fault insurance system, which can be complex in ordinary cases. In an Uber/Lyft accident case, other insurance options might be available depending on the rideshare driver’s status at the time of the crash and your injuries.
PIP Insurance
PIP (personal injury protection) insurance will typically be the first source of compensation. If you were the other driver in the crash, you can file a claim with your own PIP insurance to cover some of your medical expenses and lost income.
Additionally, passengers will typically be covered by the driver’s PIP insurance. So, if you were the rideshare passenger, the Lyft or Uber driver’s PIP insurance should cover you first.
Rideshare Driver’s Insurance
The next likely option to cover your losses is the rideshare driver’s commercial insurance, which is different than PIP.
PIP only covers economic losses. However, you can pursue economic and non-economic damages from an Uber/Lyft driver’s commercial insurance if they were at fault and caused serious injuries that cause over $2,000 in medical expenses.
Other Drivers’ Insurance
We should also consider other drivers’ insurance when multiple cars are involved in the accident. The process will be similar to filing with the rideshare driver’s insurance.
Either your or your driver’s PIP will first cover you, then we can file a third-party claim against the other driver’s insurance provider.
Uber and Lyft’s Insurance Options After an Accident in Lawrence
Uber and Lyft also have insurance options for accidents involving their on-duty drivers.
When a rideshare driver has a passenger or is on their way to pick up one when the accident happens, Uber or Lyft offers coverage for injuries and property damage up to $1,000,000.
If the Uber/Lyft driver is on the app but waiting for a rider at the time of the crash, the rideshare company might provide supplemental insurance. However, this will only kick in if PIP and the rideshare driver’s third-party insurance cannot cover your losses.
If the rideshare driver was off duty at the time of the accident, meaning they were not on the app to accept rides, you can file a third-party claim with their private insurance to cover serious injuries.
Filing a Lawsuit After an Uber or Lyft Accident in Lawrence
Despite the insurance options discussed above, you might still have damages to cover. Filing a lawsuit is usually the best option to recover the compensation you need.
However, not all auto accident victims can file a lawsuit. Like third-party insurance claims, victims must have suffered serious injuries or incur over $2,000 in necessary medical expenses under § 6D.
When You Can Sue Lyft or Uber for Damages in Lawrence
Unfortunately, lawsuits for an Uber/Lyft accident are usually limited to the drivers involved. Most victims cannot sue Uber or Lyft, even if the rideshare driver was negligent.
Rideshare drivers are considered independent contractors, so they technically do not work directly for the companies. This designation shields Lyft and Uber from liability when a driver acts negligently.
Uber or Lyft must have done something negligent to be sued. For instance, you can sue a rideshare company for negligent business practices. Perhaps they failed to properly screen a driver, causing them to hire or retain a driver with a dangerous driving history. If so, the company can be added to your lawsuit.
Documenting a Lawrence Uber/Lyft Accident
You should document as much of the accident as possible since you will need evidence to prove your claim.
Start by reporting your accident to the police so that they can write a report. We can obtain it from law enforcement, which can help prove when the accident happened, the weather and road conditions, the parties involved, and damages the police observed.
Next, report the accident to the rideshare company through their app.
You can also take photos of the accident scene to preserve evidence of the damage before it is cleaned up.
Contact Our Lawrence Uber and Lyft Rideshare Accident Attorneys Today
For a free case evaluation with our Uber and Lyft rideshare accident attorneys, contact the Law Office of John J. Sheehan at (617) 925-6407.