Rideshare services like Uber continue to rise in popularity across New Hampshire and Massachusetts, but putting your fate in the hands of an unknown driver can be risky. Even if they have a good rating, being hurt could leave you in pain with substantial medical bills. Determining whether you can sue Uber for an accident requires solid advice from a trustworthy Boston rideshare accident lawyer.
How Does Accident Liability Insurance Work?
Massachusetts is a no-fault state, and drivers are legally required to purchase four kinds of insurance, all of which cover you and anyone you allow to drive your vehicle. Before you file a lawsuit against Uber or the driver, you will first file a claim against one of the following policies:
- Bodily Injury to Others: This policy protects you against legal liability if a person is hurt or killed in an accident. The minimum purchase is $20,000 for losses to one person and $40,000 per accident (known as 20/40).
- Personal Injury Protection (PIP): This coverage is used to pay for your own medical expenses, as much as 75% of your lost income, and up to $8,000 or replacement services. This allows you to receive compensation before determining fault.
- Bodily Injury Caused by Uninsured Auto: This policy protects you from drivers who have no insurance when they cause a crash or who commit hit-and-run. The minimums are 20/40.
- Damage to Someone Else’s Property: This coverage specifically pays for damage to another person’s vehicle or other personal property. The minimum limit is $5,000.
In general, you will file a claim with your PIP coverage in Massachusetts and may be eligible to file against another driver’s insurance if it’s determined they were at fault. If their insurance isn’t enough to cover your damages, you may need to file a personal injury lawsuit.
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How Does Rideshare Company Insurance Work?
It’s natural to think that if an Uber driver causes an accident, Uber is responsible for your injuries. However, because rideshare drivers are contractors and not actual employees, the timing of your accident is crucial in determining whether the individual or the company bears fault. Unless the driver is actively providing services for the company when the wreck happens, you may need an attorney to figure out who is to blame.
Uber and other rideshare companies carry million-dollar insurance policies, but they only go into effect in three specific instances:
- When Uber driver has the app active: The driver must be logged in and waiting for a ride request to be covered by Uber’s liability insurance, which is $50,000 per person and $100,000 per accident. This policy is active when they are driving without a paying passenger or not on their way to get someone.
- When the Uber driver is picking someone up: The higher comprehensive liability policy with a minimum of $1 million is activated when the driver is traveling to pick you up. If you are injured by a driver en route to a passenger, you could file against Uber’s policy.
- When a passenger is in the Uber vehicle: If your car is hit by an Uber driver carrying a fare, you would be able to hold them accountable for your injuries and property damage by filing against their insurance coverage.
What Are Common Injuries in Uber Accidents?
Regardless of whether the rideshare driver is held liable for your bills or the company is, you can suffer severe injuries in an Uber accident. You can face substantial medical bills, lost income, and other expenses while you take time to recover. Some of the most common injuries our Uber accident clients experience include:
- Back and neck injuries
- Broken and fractured bones
- Burns
- Cuts, bruises, and lacerations
- Disfigurement
- Head and brain injuries
- Loss of limb
- Scarring
Immediately following an Uber accident, you should call 911 for medical assistance and law enforcement. Ask the paramedics to evaluate you for injuries and follow up with your doctor within 24-48 hours. Some conditions may not appear immediately, such as internal bleeding or brain damage. These delayed injuries could become life-threatening without proper care.
Wrongful Death
In the worst situations, you or your loved one could pass away as a result of the crash. In fact, Uber’s safety report shows that there were 101 fatalities in one year due to accidents involving their drivers. The surviving family members can file a wrongful death lawsuit to recover medical and other losses.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
How Do You Sue for Damages After an Uber Accident?
In some instances, your PIP or the other driver’s insurance policies may not provide enough coverage. Severe injuries involving paralysis or head trauma can mean you need additional surgery, a lengthy rehabilitation, or you’re unable to return to your job. In situations like this, your Uber accident attorney may advise you to sue so you can recover full compensation.
Economic Damages
There are two main kinds of compensatory losses: economic and non-economic. Economic damages are monetary and can be supported by receipts and bills. They include:
- Emergency transport
- Home services, such as cleaning, maintenance, and cooking
- Lost earning potential if you are disabled
- Lost income and benefits
- Medical bills
- Medications and medical devices
- Rehabilitation and therapy costs
- Travel expenses for medical appointments
Non-Economic Damages
Insurance policies do not usually cover non-economic losses. To recover these, you’ll need to include them in your lawsuit demands. Common non-economic losses include financial relief for:
- Anxiety and depression
- Emotional distress
- Isolation and embarrassment
- Mental anguish
- Pain and suffering
- PTSD
To prepare your lawsuit, your rideshare accident attorney will investigate all aspects of your case, analyze the evidence, interview witnesses and experts, negotiate with insurance companies and opposing counsel, and file the necessary paperwork. You will meet with them regularly for updates, but your lawyer will manage the details so you can focus on getting better. Once your case is ready, your attorney will use all their experience and skill to persuade the judge and jury that you deserve compensation.
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Who Can Handle My Uber Accident Case?
If you have been hurt in an Uber accident, you probably have many questions about whether you can sue the driver or the company. Successfully holding a negligent party accountable requires a thorough understanding of the law and how it applies to rideshare companies. At DiBella Law, we have a highly skilled team of attorneys with a solid background in managing these cases.
You may worry about paying for a lawyer when you can’t work after your crash. We are here to offer a free initial case review so you can discuss your options with an accomplished legal professional. Contact us to schedule a meeting and learn more about how we can handle your Uber accident case today.
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