Recovering compensation for a car accident can be challenging, but especially in those involving Uber and Lyft drivers. Our lawyers can explore insurance options with you and how to file a lawsuit for damages.
After an Uber or Lyft accident, stay on the scene and report it to the police. We can obtain the crash report and get the driver’s information from it if you were unable to obtain it before receiving medical care. Once we determine the extent of your injuries, we can likely file a claim with the rideshare driver’s commercial insurance and Uber/Lyft’s coverage. If your injuries are serious or your medical expenses exceed $2,000, you go beyond insurance and file a lawsuit.
Call the Law Office of John J. Sheehan (617) 925-6407 for an initial free case review with the Uber and Lyft rideshare accident attorneys.
What to Do Immediately After an Uber or Lyft Rideshare Accident in Framingham
Like an ordinary car accident, your legal case starts as soon as you are injured in an Uber or Lyft crash. Knowing what steps to take immediately after at the scene will help build your case before meeting with our Uber/Lyft rideshare accident attorneys. We can use the evidence you gather in your insurance claim or lawsuit.
Stay at the Scene
First, get to safety but stay on the scene. You will want to report what you witnessed during the accident, and leaving the scene could be seen as fleeing.
Report the Crash
Contact law enforcement after your rideshare accident, regardless of whether either driver urges you not to. Police officers will document the details of the drivers involved in the accident report, which is likely available through the Framingham Police Department. They are able to manage the scene while medical personnel attend to the victims or transport them to the hospital.
Exchange Information
Next, exchange information with the drivers and witnesses involved. Besides names and numbers, be sure to get the rideshare driver’s insurance information and policy numbers.
Avoid speaking about the accident itself with other parties. Save those statements for the police. The other parties’ statements and information should also be included in the police accident report.
Collect Evidence
Take photos of the damage to the involved vehicles and any debris left on the road. We can gather more photographs when we reach out to eyewitnesses, as well. Our team can arrange interviews to get their accounts. Witnesses observe collisions from various perspectives and can offer previously unknown information that can strengthen your claim.
We can also gather other crucial evidence, including video recordings. Our team will ask about footage from nearby surveillance cameras and secure it before it is deleted. Additionally, we can ensure that recordings from the rideshare vehicle’s cameras are preserved if one was recording.
The Recovery Process for Damages in a Framingham Uber/Lyft Accident
Massachusetts uses a no-fault insurance system, which requires drivers to have insurance known as PIP (Personal Injury Protection) to initially cover their and their passengers’ injuries.
When driving the other vehicle in the accident, your first-party PIP benefits should be your first source of coverage. After exhausting your PIP benefits, you can pursue compensation from the other driver’s insurance if you have “serious injuries” or damages exceeding $2,000.
If you are a passenger, typically, your own insurance does not apply. Instead, the driver’s PIP should cover you.
When an accident happens while the rideshare driver is on duty and accepting rides, their commercial or rideshare insurance policy can cover you. If the rideshare driver was off duty, you can file with their personal insurance coverage.
As a rider in their vehicle, their initial first-party coverage will take care of some of your economic losses. If the rideshare driver is at fault and their commercial insurance is insufficient to cover you, Uber and Lyft offer supplemental insurance that can help cover the difference.
The maximum coverage provided by these companies, which can be as high as $1,000,000, generally applies to accidents that occur when a rider is in the vehicle or when the driver is en route to pick up a passenger.
Filing a Complaint to Begin Your Uber/Lyft Accident Lawsuit in Framingham
Filing a lawsuit is usually the best way to get compensation for all your damages. Filing the “complaint” initiates your lawsuit, so it is crucial for it to be accurate and thorough. The complaint designates you as the plaintiff and identifies the negligent driver and others potentially responsible for the accident.
It also provides a brief account of the accident and outlines how the defendant was negligent. The complaint will also detail your injuries and the compensation we are seeking for both your economic and non-economic damages.
It is important to start your case soon after your accident so that your complaint can be filed before the statute of limitations passes. Under Mass. Gen. Laws Ch. 260, § 2A, victims generally have three years from the date of the car accident to file a claim. We can quickly gather evidence to support your complaint and ensure that your case is filed within the specified timeframe.
Settlements and Trials for Uber/Lyft Accidents in Framingham
The goal in most accident claims is to settle before a trial is necessary. Whether your case settles depends on the offers the other side makes.
Many settlement negotiations stall because the insurance company does not provide enough compensation for pain and suffering. If an offer does not cover non-economic damages, especially in serious injury cases, we will advise you to reject it.
We typically make a counteroffer when rejecting the insurance company’s offer. Before that, our team will discuss with you what is acceptable. In some cases, it is best to take an offer rather than spend more money to take it to trial.
If a settlement cannot be reached, we will prepare the case’s evidence for trial. However, we can settle the case even as we are going into the courtroom if an appropriate offer is made in the last minute.
Call Our Uber and Lyft Rideshare Accident Lawyers in Framingham Today for Help
For a free case review with our Uber and Lyft rideshare accident lawyers, contact the Law Office of John J. Sheehan (617) 925-6407.