What If Uber or Lyft Denies My Claim?
Strong advocacy when rideshare companies deny personal injury and wrongful death claims for invalid reasons
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Residents and visitors in Boston regularly rely on Uber and Lyft to transport them to work, medical appointments, the city’s museums and restaurants, and destinations throughout the city. All drivers owe a duty to drive safely; Uber and Lyft’s insurance obligations depend on whether the driver is logged into the app and engaged in rideshare activity.
At Santoro & Gray, we hold rideshare drivers and Uber and Lyft to their duty to provide applicable insurance coverage for injuries caused by on-duty rideshare drivers. Our Boston rideshare accident lawyers understand when Uber and Lyft can legitimately deny coverage and when they may be liable for your injuries.
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How Santoro & Gray can help you
- Do I have the right to file an accident claim when rideshare accidents happen?
- When can Uber or Lyft validly deny an insurance claim for personal injuries or fatalities?
- When are Uber or Lyft denials of insurance coverage invalid in Massachusetts?
- How do you show that rideshare insurance denials are invalid?
- How do you hold Uber of Lyft accountable for improper insurance denials?
- Do you have a Boston rideshare denial lawyer near me?
Yes. If your Uber or Lyft causes an accident and the accident causes your injuries, you have the right to file a personal injury claim against the driver. Families have a right to file a wrongful death claim if a rideshare driver’s negligence causes the death of your loved one.
The lawyers at Santoro & Gray have the experience and resources to determine how your accident occurred and why the rideshare driver is liable. Common causes of rideshare accidents include driver distraction (e.g., using a GPS or mobile phone, texting), speeding, and driving while tired.
Our attorneys may seek compensation for financial and personal damages due to the rideshare accident. In personal injury cases, these damages include medical bills, lost income, pain and suffering, and other damages. In wrongful death cases, these damages include the funeral and burial costs, the loss of financial support, and the loss of personal love, comfort, companionship, and guidance.
We can anticipate the arguments that rideshare companies may make to try to deny or limit your claim – and we work aggressively to counter those arguments.
Rideshare companies in Massachusetts can deny liability for a rideshare accident:
- If the driver was not liable for the accident. For example, if another driver caused the crash, you may have a claim against that other driver. Uber and Lyft are not vicariously liable for the negligence of a non-rideshare driver, although rideshare insurance coverage may still apply in certain circumstances.
- The driver was not on duty. Drivers who use their car for reasons other than providing rides for passengers (such as running errands or driving their child to school) are personally liable for any accidents they cause. Uber is not liable for accidents due to personal use. Rideshare drivers must have minimum liability coverage to pay for personal injury and wrongful death claims.
- Your claim is not timely. Generally, the time limit for filing personal injury claims is within three years of the date of the accident, and wrongful death claims within three years of the date of death.
Rideshare can limit their payments under the following conditions:
- Their rideshare driver was looking for riders but had not yet accepted a new ride. During this phase, there are no passengers. Here, Uber’s and Lyft’s insurance covers $50,000 in bodily insurance per person, $100,000 per accident, and $30,000 in property damage, and applies to third parties, such as pedestrians or occupants of other vehicles, not passengers.
- Comparative negligence. If a rideshare driver causes an accident with another driver and the other driver was partially responsible for the accident, the claim of the other driver can be fully denied if the other driver was more than 50 percent responsible for the accident. The claim of the other driver is reduced by their percentage of fault.
Vehicle accidents
Rideshare companies must provide applicable insurance coverage if their driver had accepted a ride and was on their way to pick up a passenger, or a rider was in their car. Uber and Lyft must provide applicable insurance coverage if the rideshare driver is liable for the accident. The insurance coverage Uber and Lyft must provide is at least $1,000,000 when a driver has accepted a ride or is transporting a passenger, if the driver is at fault.
At Santoro & Gray, we can work to show that a rideshare driver’s app was on. We can also work to show that a driver had accepted a ride. This work includes examining the driver and passenger app information.
The rideshare driver may also be eligible for property damage coverage up to the actual cash value (minus a $2,500 deductible), subject to other conditions. Additionally, rideshare drivers and passengers may be eligible for uninsured motorist coverage during an accepted ride, subject to policy terms and reporting requirements.
Denials of coverage or limitations of coverage by Uber or Lyft should not apply if:
- A rideshare driver has accepted a ride or has a passenger in their vehicle
- The rideshare driver is liable for the accident
- The claim is timely
Sexual assaults
Rideshare companies often deny responsibility for sexual assaults by drivers, but may be held liable under negligence-based theories where the plaintiff can prove negligent hiring, retention, supervision, or failure to act on known risks.
We may be able to hold Uber or Lyft responsible for the unconscionable acts of their drivers on the basis that they should have taken reasonable steps to prevent the assault. Preventive steps, which may justify a sexual assault claim, include:
- Failing to properly vet a driver by conducting a criminal background check
- Failing to respond to complaints by other passengers about sexual assault or abuse by a rideshare driver
- Failing to implement policies and procedures to educate and monitor rideshare drivers about sexual assault and abuse
At Santoro & Gray, we can work with the police, our own investigators, and other liability experts (such as traffic reconstruction experts) when necessary to show how your accident happened and why the rideshare driver is liable.
We understand current laws that govern rideshare driving in Massachusetts, including applicable statutes of limitations requirements for filing personal injury and wrongful death claims. Our lawyers understand Uber and Lyft’s insurance obligations that govern when they are liable and what compensation they must provide. We can also work with your doctors, employers, and others to show your economic and non-economic damages.
Our Boston rideshare accident lawyers hold Uber and Lyft accountable to provide coverage for injuries and deaths their rideshare drivers cause. We can file the appropriate court responses when Uber and Lyft make improper denials. If Uber and Lyft negotiate in bad faith, we may pursue claims under Massachusetts unfair insurance practices laws against the responsible insurer if the insurer's claims-handling conduct violates those laws.
Yes. Our firm is located at 131 Dartmouth Street, 3rd Floor, Boston, MA 02116. We represent rideshare accident victims in Back Bay, the Seaport District, Allston, Cambridge, and across Greater Boston. Our attorneys are available for in-person, phone, and virtual consultations. If your health prevents you from traveling, we can make arrangements to come to you.
We can explain your rights and be your advocate with insurance companies.
Contact our Boston Uber and Lyft insurance claim lawyers today
At Santoro & Gray, we anticipate the arguments Uber and Lyft will likely make to try to deny your claim. We can often counter those arguments. Our rideshare lawyers file personal injury and wrongful death claims when rideshare companies are responsible for accidents or assaults by their drivers.
Please contact us to schedule a free, confidential case evaluation. We’re here to support you, tell your story, and fight for your truth.