- Call the Authorities — If you or someone else has been seriously injured, it is important to call 911 right away. Even if no one appears to be hurt, you should at least call the police so that an accident report can be filed.
- Seek Medical Attention — If you are seriously injured, contacting emergency medical personnel is critical. If you do not require an ambulance, you should still see a doctor as soon as possible. Some injuries, including certain traumatic brain injuries (TBIs), do not have immediate symptoms. By seeing a doctor, you can ensure that your injuries are diagnosed and treated in a timely manner. Additionally, seeing a doctor will create an official record of your injuries, which can be important later on when you are seeking compensation.
- Collect Evidence — If you are physically able to do so, collect as much evidence as possible. This includes taking pictures of the accident scene, the vehicles involved, and your injuries. It is also a good idea to jot down some notes about what happened, as your memory of the accident may fade over time.
- Get the Other Driver’s Insurance Information — If you were hit by a rideshare driver, you may be able to obtain the driver’s insurance information from the Uber or Lyft app. You should also ask the driver for his or her insurance information, as well as the name of the insurance company.
- Get the Driver’s Information — In addition to the driver’s insurance information, you should also get the driver’s name, phone number, and rideshare company information.
- Do Not Speak to the Insurance Company — The rideshare driver’s insurance company may reach out to you soon after the accident. It is important to understand that the insurance company is not on your side. You should not speak to the insurance company or agree to give a recorded statement. Instead, refer the insurance company to your attorney.
- Call Our Springfield Rideshare Accident Lawyers — After seeking medical attention and taking the other steps listed above, you should contact our firm as soon as possible. We can help you understand your rights and guide you through the process of seeking compensation.
Who Is Liable for a Rideshare Accident?
One of the most complex aspects of a rideshare accident claim is determining liability. In Massachusetts, rideshare drivers are considered independent contractors, not employees. This means that the rideshare company — Uber, Lyft, etc. — is not automatically liable for the driver’s negligent actions.
However, rideshare companies are required to provide a certain amount of insurance coverage for their drivers. This coverage is contingent on whether the driver is currently working and whether a passenger is in the vehicle at the time of the accident. The amount of coverage available will depend on these factors as well as the driver’s personal insurance coverage.
In a typical car accident claim, the at-fault driver’s insurance company will cover the victim’s damages up to the policy limits. If the victim’s damages exceed the policy limits, the victim can file a claim with his or her own insurance company, assuming that he or she has sufficient coverage. When it comes to rideshare accident claims, the situation is more complicated.
Here’s what you need to know about insurance coverage in rideshare accident cases:
- The driver is off the clock: If the rideshare driver is not currently working, his or her personal auto insurance will be primary. If the driver’s personal insurance does not cover all of the victim’s damages, the victim may be able to file a claim with his or her own insurance company.
- The driver is on the clock but has no passenger: If the rideshare driver is currently working but does not have a passenger in the vehicle, the rideshare company’s insurance will cover the victim’s damages, but only to a certain threshold.
- The driver has a passenger: If the rideshare driver has a passenger, the rideshare company’s insurance coverage will apply to any accident that occurs during the course of the ride. This coverage is generally much higher than the coverage provided when the driver is on the clock but has no passenger.
How Our Rideshare Accident Lawyers Can Help You
At Libbos Law, our Massachusetts rideshare accident attorneys are committed to helping our clients navigate the complexities of these claims. We are prepared to handle every aspect of your case so you can focus on your recovery. Our team can handle all communications with the insurance company and, if necessary, we are ready to take your case to trial.
We can help you seek compensation for a wide range of damages, including but not limited to:
- Medical expenses, including the cost of emergency medical treatment, hospital stays, surgeries, medications, medical equipment, and ongoing medical care
- Lost income, including wages and benefits, if you are unable to return to work or if you are forced to work in a lesser capacity due to your injuries
- Lost earning capacity, if your injuries prevent you from returning to work at all or if you are unable to earn the same amount of money as you did prior to the accident
- Physical pain and suffering, including the physical discomfort and pain associated with your injuries and ongoing treatment
- Emotional distress, including anxiety, depression, and other psychological injuries that result from the accident
- Disfigurement, including permanent scarring and/or disfigurement caused by the accident
- Disability, if the accident causes you to become partially or totally disabled
- Loss of enjoyment of life, if your injuries prevent you from participating in activities you once enjoyed
- Loss of consortium, if your injuries have a negative impact on your relationship with your spouse
- Other out-of-pocket expenses associated with the accident and your injuries
