What Happens If You’re Injured Riding with Uber in Boston?

August 14, 2021

The likelihood of being in a rideshare accident is far higher than what the massive advertising and marketing campaigns might let on. While Uber and Lyft rides are convenient, the drivers are only humans, and thus these rideshare rides are not immune to problems of the road.

Stressful working conditions and the fact that they need to constantly check their GPS trackers can distract rideshare drivers and this has led to many accidents in the past as well. Thus the odds of getting involved in an Uber accident in Boston, Massachusetts are not to be taken lightly.

If you have been in such peril, then we would recommend calling us immediately so that one of our personal injury lawyers at Michael Kelly can evaluate your case and help you claim fair compensation for your losses.

Individual cases might vary, but we’ve sketched the basic anatomy of Uber crash cases in Boston in the following paragraphs.

Rideshare Accidents In Boston

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Victims of an Uber accident, under certain circumstances, can sue the ridesharing service/company for their losses as per Uber’s auto insurance coverage for its passengers. However, the specific details of your case will matter a lot when deciding whether or not your case is worth pursuing and if you have a fair chance at securing a decent payout.

Let’s consider the parties involved in an Uber accident to better understand liability compensation for rideshare accidents:

The Passenger

Since this article primarily focuses on Uber passengers being involved in car accidents, we’ll start with this segment. If you were in the Uber vehicle when the traffic accident happened, through a rideshare request, then you’ll be covered by Uber’s liability coverage (from their insurance providers) of up to $1 million for bodily injury (medical expenses), property damage, and so on!

Of course, this only applies if the Uber/Lyft driver was at fault for causing the accident, i.e. due to being distracted by the Uber app (they must be logged into the app when the accident happened for it to count).

This complication exists because Uber drivers are considered independent contractors by the company and are thus only relevant to their personal auto insurance policy under certain conditions.

However, if another driver smashes their vehicle into the one you’re riding then the rideshare driver can’t be blamed for the accident. After all, it is not their fault that some other guy acted neglectfully while driving and caused the accident.

However, if you feel that the Uber driver was also partially at fault, then you should discuss matters with your Uber accident lawyer.

The Uber Driver

The Uber driver, as with the rider, is also covered by the commercial auto insurance for driver of the rideshare company. This, once again, only applies in cases where the driver was logged into the app and was actively engaged on Uber’s network, i.e. taking a ride request, driving a passenger, etc.

Pedestrian

If it is a pedestrian who takes the blow in an Uber accident, they too can seek compensation. However, once again, the driver must’ve been active on the rideshare network when the crash happened. Otherwise, Uber can’t be held liable for any damages.

If that happens, the driver will be personally responsible for any losses incurred upon the victim.

What To Do If You’re In An Uber Accident?

Considering that you’re the passenger, you’ll hardly have any share in the fault of causing the accident, instead, you’ll be considered an accident victim, and your demand for compensation for economic and non-economic damages will be fair and valid.

While Massachusetts is primarily a no-fault state for car accidents including those involving rideshare vehicles, you can sue the responsible party if your losses exceed a certain threshold. Usually, this is the case with non-monetary damages such as physical pain and emotional trauma.

To get to this stage, first, you’ll have to take care of a couple of things:

  • Gather firsthand evidence at the spot and in the moment an accident happens, this evidence can include photographs of the crash scene, the contact information of witnesses, and details of the people involved.
  • You’ll also have to report the occurrence to the police as per state law.
  • Then, you should seek medical treatment for your injuries and discomfort, as soon as possible.
  • Keep track of your losses and document the evidence as much as possible, you should have your medical bills, receipts, records of lost wages, extra expenses, and so on.
  • Also, get your hands on a copy of the police report for your case.
  • Contact a personal injury lawyer and discuss the details of your case with them; be sure not to have any conversation with the insurance adjuster before you’ve spoken to your lawyer.

And hopefully, you’ll be able to demand a fair settlement for your personal injury claim.

Just a PS, if the coverage limits keep you from claiming a fair sum (or if the liable party was an underinsured motorist), your Uber accident attorney can always dig out additional coverage for you from your own personal injury protection policy.

Can An Uber/Lyft Accident Victim Sue For Damages In Boston?

Short answer, yes.

While Boston, Massachusetts follows a no-fault personal insurance policy, accident victims can still sue the responsible parties for their negligence if their damages exceed the standard severity threshold. Uber crashes are no different, except that the rideshare company will also be held liable for your losses.

This, of course, only applies if the Uber driver was active on the Uber app when the crash happened, otherwise, only the driver will be liable for the losses. So, if you’re wondering whether you can sue the company for your damages then the answer will most probably be yes.

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It does not necessarily have to go that far, you also have the option to settle for a sum via settlement negotiations with the insurance company.

Michael Kelly Will Handle Your Uber Accident Case

Remember one thing, you can make or break your case by deciding to contact your personal injury attorney sooner or later. We can’t stress enough how important it is that you call us as soon as possible after such an event because you’ll need competent legal representation at all stages to succeed, especially when the compensation laws are so complicated.

Don’t worry about the payment, because at Michael Kelly, our rideshare accident lawyers work on a contingency fee basis.

Call us today to learn more about your legal options, or you can fill out our contact form!

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MEET YOUR LAW GUYMICHAEL D. KELLY, ESQ.

Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.