Boston Rideshare Accident Lawyer

If you’ve been hurt in an accident involving a rideshare vehicle, you may be entitled to compensation. Call Cutler & Associates to see how we can help. 

Rideshare services in Boston, such as Uber and Lyft, provide convenient transportation options for residents and visitors. These services offer quick pickups and drop-offs throughout the city, making it easy to get around without needing to rely on public transportation or own a car. Riders can easily hail a ride through their smartphone app and track their driver's arrival in real time. However, this convenience does not come without drawbacks. The rise in popularity of rideshare services has brought with it more automobile accidents in Boston.

If you've been hurt in a rideshare accident here in Boston, you're likely feeling the physical pain of your injuries and the stress of how you'll handle the medical bills and missed work. No doubt, it's a tough situation to be in. On top of that, dealing with insurance claims and legal paperwork doesn't make it any easier. That's when you need a compassionate ally who understands what you're up against.

At Cutler & Associates, we have Boston rideshare accident lawyers on our team who help victims of Uber and Lyft accidents recover both physically and financially. Call us, and let's discuss how we can provide you with the support, guidance, and expert representation you need during this time of adversity. You deserve to be compensated for your injuries, and we’re here to help make that happen.

Rideshare Insurance Coverage Basics

Uber, Lyft, and other rideshares are what the law refers to as transportation network companies (TNCs). The emergence of TNCs in Boston and the rest of the state opened the door to new insurance requirements that impact rideshare companies, their drivers, and passengers. As an accident victim, knowing how insurance coverage can impact your rideshare claim is helpful.

A Quick History

In 2016, Charlie Baker, the former governor of Boston, signed a measure establishing regulations for all transportation network companies (TNCs). TNCs are in charge of regulating ridesharing. For rideshare operations, the state has special insurance requirements.

Three Periods of Rideshare Driving

The law divides a rideshare driver's time into three distinct periods, each with its own unique insurance requirements:

• Period 1: The driver is logged into the rideshare app but has yet to accept a request for a ride.
• Period 2: The driver has accepted a ride request and is en route to get the passenger.
• Period 3: The passenger is in the vehicle, and the ride is in progress until the passenger gets dropped off.

Insurance Requirements

• Period 1: During this time, the state requires rideshare drivers to have a minimum of $50,000 per person, $100,000 per accident for bodily injury, and $30,000 for property damage and personal injury protection (PIP). The driver's or company's insurance provides this coverage.

• Periods 2 and 3: Once a ride has been accepted (Period 2) and throughout the ride (Period 3), the rideshare company must provide commercial insurance coverage. This policy includes at least $1 million in liability coverage per accident and $1 million in uninsured/underinsured motorist coverage. The coverage must be active until the passenger exits the vehicle.

Collision and Comprehensive Insurance

Regarding deductibles, Uber typically has a $2,500 deductible for collision and comprehensive coverage during periods 2 and 3. Similarly, Lyft has a $2,500 deductible for these coverages. Some vehicle insurance providers,  offer gap coverage to help cover these deductibles, reducing the out-of-pocket expenses for drivers.

Coverage of Gaps

A "coverage gap" refers to a situation lacking insurance protection that exposes the policyholder to financial risks. For example, an Uber driver is signed into the rideshare app but has yet to accept a ride request. The law requires "gap coverage" for this. Many TNCs provide some coverage during this time. Still, it might only cover some potential claims or kick in after the personal insurance denies a claim, leaving a gap. Insurance Companies offer policies which can bridge  the difference between the rideshare company's deductible and the driver's personal policy deductible.

Regulatory Supervision

The Transportation Network Company Division (TNC) of the Massachusettts Department of Public Utilities (DPU) oversees these insurance requirements and other state ridesharing rules.

In this type of motor vehicle accident, state-mandated insurance standards aim to safeguard rideshare drivers, passengers, and other parties. Drivers providing ridesharing services must know insurance requirements apply to them so they can remain compliant.

Insurance Reimbursements for Your Injuries

Log in. Make a few clicks. Then boom. Within a few minutes, your Uber or Lyft will show up to whisk you off to your destination. This smartphone-based on-demand transit makes it easier for Boston residents to get around town. You expect a safe trip, but as we all know, accidents do happen. You may be entitled to pursue compensation if you end up in a crash. Let's see how insurance factors into any payments you may receive.

Who caused the collision? What insurance policy does the rideshare driver have? What's the role of the TNC's commercial liability insurance policy? The answers to these questions determine the amount of compensation you could recover for your injuries and losses.

Third-party Liability

Insurance against liability is mandatory for ridesharing companies. Uber and Lyft will reimburse up to $1 million for any harm an accident causes to another person or their property under the terms of their insurance policies. If the at-fault driver has insufficient coverage to compensate the passengers for their losses, many carriers also provide third-party liability coverage up to $1 million per vehicle accident.

Commercial Liability

What if the Uber or Lyft driver is at fault? The ridesharing company's commercial liability insurance policy would pay the losses after the driver's insurance pays the $20,000 in damages.

Coverage Limits

Auto insurance companies set limits on what policies will cover. For example, if the damages are beyond the policy’s million-dollar liability insurance coverage limit, you may need to sue Uber or Lyft to recover  more money.

Statistics on Rideshare Accidents

As of 2021, there were over 20,000 Uber and Lyft drivers in Massachusetts, according to the Transportation Network Company Division. In 2023, there were over 35 million rideshare rides started in Boston alone. The popularity of this "hi-tech carpooling" gives rise to more collisions, life-altering injuries, and expensive medical treatment for the victims. Are you seeking much-needed compensation? Turn to a Boston ridesharing accident lawyer for help.

Let's examine data highlighting the effects of these ridesharing collisions on drivers, passengers, and other parties.

• According to the National Highway Traffic Safety Administration (NHTSA) data, 857 people died in crashes involving "for-hire" cars in 2018, which includes ridesharing services. This figure represents a 10% increase from the previous year's.
• The 2019-2020 Uber safety report states that in collisions involving Uber rides between 2019 and 2020, 101 US individuals perished.
• In 2019 and 2020, there were 5.8 fatal crashes involving drivers and passengers for every 100 million miles driven, according to Uber's Safety Report.

These days, a lot of Bostonians favor ridesharing over other forms of transportation. Despite the convenience of these smartphone-based rides, statistics remind us of the potential hazards drivers, passengers, and others face on the road.

Common Injuries Accident Victims Experience

Boston made history in 2011 when the Boston Bruins won their first Stanley Cup since 1972. Just a year or two later, ridesharing became popular in Boston. Since then, ridesharing has become a staple in our community. Like any other vehicle collision, rideshare accidents can result in injured victims suffering various forms of bodily harm. The following are the most common injuries:

• Shattered Bones: Serious medical attention may be necessary for fractured bones. For example, a passenger may get a broken arm or leg if an Uber car gets hit from the side or rear.
• Whiplash: This neck injury is an abrupt, forceful movement of the head forward and backward. This motion strains the ligaments and muscles. Whiplash is a typical ailment sustained in motor accidents.
• Traumatic Brain Injury (TBI): A TBI results from a high-impact impact on the head that damages brain tissue. The injury can range from mild to severe concussions to permanent brain damage.
• Soft Tissue Damage: Soft tissue injuries include harm to the muscles, tendons, and ligaments. These wounds could take a while to heal. For example, a passenger in an Uber or Lyft vehicle may suffer a ruptured rotator cuff if the car gets involved in a side-impact collision.

In the best-case scenario, car accident victims could walk away with minor scrapes and bruises. However, far too many of these crashes result in catastrophic injuries.

The Main Reasons Behind Most Rideshare Incidents

Why do rideshare accidents take place? App-based ridesharing is still relatively new compared to taxis, traditional carpooling, and public transportation. But here's what isn't new: the causes of accidents. Here are the most frequent reasons for collisions:

• Fatigued Drivers: Some Uber and Lyft drivers work long shifts without taking breaks. They can get drowsy, causing them to make mistakes  leading to disastrous collisions.
• Distracted Drivers: Driving, eating, chatting on the phone, sending or receiving messages, or using a GPS device while operating a vehicle can distract ridesharing drivers.
• Careless Drivers: Driving is careless and endangers oneself and other drivers. A few instances of reckless driving include running stop lights, speeding, and crossing no-passing zones.

The Centers for Disease Control and Prevention (CDC) reports careless Uber or Lyft drivers caused 424,000 injuries and over 3,100 fatalities in 2019. According to the National Highway Traffic Safety Administration (NHTSA), drowsy drivers caused 4,111 fatalities between 2013 and 2017.

Regardless of why the crash happened, consider talking to an attorney if you were harmed in a rideshare accident.

What to Do After an Accident Involving a Lyft or Uber

Were you injured in an Uber or Lyft accident in Boston? As the shock of the accident wears off, you must make some quick decisions. The goal is to secure your safety and protect your right to compensation.

The following three actions are among the most critical steps to take:

Get Medical Help

You should get a medical evaluation immediately, even if you think your injuries are minor. You could call 911, go to the ER, or make an appointment with your primary care physician.

This step serves three primary purposes:

1. It ensures you get the treatment for your injuries, even minor ones.
2. Your medical care documents your injuries' full scope and how they impair your day-to-day activities.
3. It provides a record of the expenses associated with the accident.

Report the Accident

Make sure the Boston Police Department, or other local law enforcement authorities respond to the Uber or Lyft collision. The responding agency will create a police report. These reports have vital information, including:

• The location, date, and time of the accident
• A breakdown of the involved vehicles, the crash, and the path of travel
• Diagrams of the accident scene and vehicle damage
• A police officer's observations and assumptions about what caused the accident
• Any injuries sustained by Uber and Lyft drivers or passengers

Why does this information matter? The information contained in these reports can help identify the responsible party. A police accident report is an official document that insurance providers use when settling claims.

Consult an Uber or Lyft Accident Attorney

Do you need clarification about how to pursue a rideshare claim? Set up a free consultation with a Boston personal injury lawyer. Here at Cutler & Associates, we can offer you advice on how to proceed with your case. Do you want to file an insurance claim? Can you bring a legal action? Whatever your question, a rideshare attorney can give you straightforward answers and point you in the right direction.

Typical Parties Responsible for Uber or Lyft Accidents

The sounds of skidding tires, crushed metal, and shattered glass ring in your ears. There's a violent jolt to your body. The rideshare vehicle just crashed. Days afterward, you're facing chronic pain, doctor visits, and piles of medical bills. None of this is your fault. So, who's responsible for your hardship? When you find yourself in this situation, the following parties could be liable:

• Other Drivers or Parties: Pedestrians, drivers, or auto part manufacturers can all cause accidents. What if faulty brakes caused the accident? The makers of the brakes may be liable.
• The Ridesharing Company: What if a rideshare service fails to identify a driver with a long history of driving under the influence (DUI) during the screening process? If this driver crashes while driving intoxicated, liability may fall on the shoulders of the company as well as the driver.
• The Uber or Lyft Driver: Did the driver violate Boston traffic laws? For example, if a Lyft driver ran a red light and caused an accident, they would be held accountable.

One aspect of these accidents that sets them apart from regular car accidents is that multiple parties may be responsible for damages. This reality makes collecting compensation more difficult, often involving multiple insurance companies. However, if you enlist the help of an experienced Boston rideshare accident attorney, they'll know how to identify every party who contributed to the incident who caused you harm.

When to File a Personal Injury Lawsuit

Is it possible to sue after an  at-fault Uber or Lyft automobile accident? Absolutely. You have the legal right to file a lawsuit under Boston law. Here's a general overview of when it might be necessary or advisable to pursue legal action:

• When Insurance Does Not Cover All Damages: Rideshare companies and personal insurance policies might not cover all the damages incurred in an accident. If the insurance compensation falls short of covering your expenses, a lawsuit may be necessary to get the full amount.
• Disputes Over Fault: If there's a dispute over fault in an accident, and you think the other party is responsible, you may need to sue to establish liability and damages.
• Serious Injuries and Long-Term Consequences: If you suffer serious injuries resulting in long-term health issues, permanent disability, or the need for ongoing medical treatment, it might be necessary to file a lawsuit to obtain adequate compensation for ongoing care and future needs.
• Negotiation Failures: If attempts to settle the matter out of court fail and the insurance company or responsible party refuses to offer a fair settlement, filing a lawsuit might be the next step.
• Needing More Compensation: Filing a lawsuit may lead to higher compensation by allowing a more detailed examination of your injuries, which an insurance settlement may not fully recognize.

Not sure if any of the scenarios apply to your case? Seek legal advice from a skilled attorney, and do it as soon as possible. Under Massachusetts law, you typically have three years to file a lawsuit, and the countdown starts on the day of the accident.

Why It's a Good Move to Hire an Attorney

Attorneys for rideshare accidents in Boston provide a variety of legal services. Here are three solid reasons you will fare much better with an attorney than without one, particularly if you were injured.

1. Legal and Industry Knowledge 

Disagreements over ridesharing accidents frequently involve legal and regulatory norms for labor, data protection, and technology. Personal injury lawyers are up to date on the latest industry developments to provide their clients with the best possible legal representation.

2. Handling of all Legal Matters

Attorneys help determine fault and build a strong case by doing all of the following, as needed:

• Gathering proof
• Securing testimonies from witnesses
• Examining police reports
• Accident analysis/reconstruction
• Examining data from the Lyft or Uber apps
• Developing legal strategies
• Filing all paperwork with the court on time
• Communicating on your behalf

3. Negotiation and Settlement Talks

A competent lawyer can skillfully negotiate a fair settlement to ensure clients receive the maximum amount possible without having to go to trial. Without an attorney representing you, insurance companies are not inclined to settle for a fair amount which will cover the full scope of your damages.

What to Ask Lyft and Uber Accident Attorneys

Were you in a car accident involving a ridesharing service? Chances are you're dealing with serious injuries, mounting medical costs, and lost wages from missing work. That's a heavy burden for anyone to handle alone, so don't. Let an attorney take the bulk of that load off your shoulders. But how do you determine whether a potential lawyer fits your case? Ask them the following three questions:

1. What background do you have handling ridesharing accidents?

Find a lawyer who has handled cases involving rideshare accidents. Motor vehicle accidents involving ridesharing are not like regular car crashes. Numerous parties, including the ridesharing company, the rideshare driver, and other drivers on the road, are frequently involved in these complex instances. A Boston rideshare accident lawyer with experience in cases like yours will have the best chance of helping you win your personal injury application.

2. What strategy are you going to use for my case? 

Are you interested in learning the attorney's approach to your Lyft or Uber lawsuit? This discussion includes topics like how they plan to gather evidence, negotiate  with an insurance company, and, if necessary, take your case to court. Make sure the lawyer's plan of action aligns with your goals for the case.

3. What is the cost of your services? 

Certain lawyers only get paid for winning Lyft or Uber cases, which is known as a contingency fee payment. Others may charge by the hour or need retainer payments in advance. At Cutler & Associates, we handle these types of cases on contingency. You will never have to pay us upfront.

Let Us Handle Your Rideshare the Right Way

An accident involving a rideshare upends your life. The medical expenses mount, and you're unable to return to work due to your injuries. You're struggling with your finances. How do you tackle this new reality? Where do you seek assistance?

Cutler & Associates can be your lifeline. Let our legal team provide you with the compassionate, knowledgeable, and committed guidance you need at this trying time.

Why partner with Cutler & Associates?

• Experience That Gets Results: Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. The foundation of our firm's reputation is trust, tenacious representation, and excellent courtroom performance.
• Client-Centric Representation: Every case is different, and we at Cutler & Associates know this. For this reason, we commit to offering specialized legal methods that are suited to your unique requirements. We spend time understanding, listening to, and resolving your concerns. At every step of the journey, you will feel appreciated and heard.
• A Track Record of Excellence: Our track record speaks for itself. Our attorneys have the perseverance, zeal, and well-honed abilities to succeed in settlement negotiations or courtroom presentations.

Contact Cutler & Associates Now

Don't let the chance to receive justice and compensation pass you by. Contact Cutler & Associates right now at (617) 542-5000 or (800) 600-4000. We can show you that we'll be your most ardent supporters.