Why Uber and Lyft Claims Take Longer Than Regular Car Accident Cases

All car accidents are complicated. To recover compensation, your car accident lawyer needs to show how the accident happened, who is responsible, and what damages you deserve. Insurance carriers often look for ways to deny your claim or reduce the amount you receive, which can make the process more challenging.

Uber and Lyft accidents have extra layers of complications. Your right to compensation from a rideshare company (which has much more insurance coverage than its drivers) depends on showing that the driver’s app was on at the time you were a passenger. Multiple insurance companies (yours, the driver’s, and the rideshare company’s) often mean each company will try to argue that the others should pay, delaying settlement. Other complex factors can delay your case, too.

At Santoro & Gray, we have the skills and experience to calmly and clearly pursue your right to compensation. We can work through the delaying factors and seek a just settlement or persuasively present your personal injury claim to a jury. The delaying factors include the following:

The driver’s app status

The following insurance carriers may be responsible for paying your personal injury damages, which can include medical bills, lost wages, pain and suffering (if you meet Massachusetts’ no-fault threshold requirements), and property/vehicle damage:

• All drivers in Massachusetts must have minimum liability insurance coverage and personal injury protection (PIP) insurance.

o If you’re in a car accident while riding in an Uber or Lyft, the PIP policy should pay some of your medical bills and lost wages, regardless of fault.

o The liability insurance for the Uber or Lyft driver (or another responsible driver) should pay your personal injury claim (again, subject to the threshold requirement for pain and suffering).

• If the Uber or Lyft driver is logged into the app but has not yet accepted a ride request, Massachusetts law requires contingent liability coverage of at least $50,000 per person, $100,000 per accident for bodily injury, and $30,000 for property damage, which Uber or Lyft should provide if the driver’s personal automobile policy does not apply while the driver is logged into the rideshare platform.
• Once a ride is accepted, or a passenger is in the vehicle, Massachusetts law requires transportation network companies such as Uber and Lyft to provide at least $1 million in third-party liability coverage per accident, if the driver is negligent.

The threshold requirements, outlined in M.G.L. c. 231 § 6D, provide that a car accident victim can only seek pain and suffering damages if:

• The victim’s reasonable and necessary medical bills exceed $2,000
• The victim dies
• The victim suffers the loss of a body part
• The victim has a permanent and severe disfigurement
• The victim loses their sight or hearing (according to the terms of the statute)
• The victim suffers a fracture

Our Boston rideshare accident lawyers can work to obtain the necessary evidence to show whether an app was on and whether the Uber or Lyft driver had accepted a ride. We can also explain what other insurance coverage may apply, such as UM/UIM coverage and collision coverage.

Multiple insurance carriers

In any one Uber or Lyft accident, there may be multiple insurance policies that cover your claim. These policies include:

• The rideshare driver’s insurance policy
• The insurance policy of another driver (other than the rideshare driver)
• The PIP policy
• Uber or Lyft’s policy
• Your own uninsured/underinsured policy if the driver’s coverage (or the applicable rideshare coverage) doesn’t cover your claim.

Even when we can show that Uber or Lyft should cover your claim, there are still likely to be disputes about which insurance company should pay your claim and the exact amount that each company should pay. It can take extra time to reach an agreement or a decision about how much each insurance policy carrier should pay your claim and how much they should pay.

Increased work to obtain digital evidence

Anyone outside of the rideshare car (such as an occupant of another car, a pedestrian, or a bicycle rider) will need to obtain the appropriate digital records from Uber or Lyft. Even if the person who requests the ride is injured, they may not have access to their Uber or Lyft accounts or may need further information from Uber or Lyft.

Rideshare digital records include:

• Confirmation that the driver’s app was on
• The GPS route data
• Timestamps (for accepting a ride, picking up a passenger, and dropping off a passenger)

Additional information—such as vehicle speed or phone usage—may require data from other sources, such as vehicle data recorders or mobile phone records.

Uber and Lyft control this information. That means that our rideshare accident lawyers need to make formal requests to access the information, which can take a long time, especially if the rideshare company refuses to cooperate. We may need to make formal demands through the Boston courts to access the information.

Additional factors

Other factors that may delay your claim include:

• Uber or Lyft may need time to decide which local counsel will handle their side of the dispute. The local lawyer will then need to communicate with Uber or Lyft about how the case is proceeding, what can be negotiated, and what disputes may require a jury trial.
• There may be multiple victims. For example, the Uber or Lyft driver may also be injured. That driver may need time to recuperate and may have their own insurance claim (PIP or a third-party claim), which can delay your case. Victims outside of the car may also have claims against the Uber or Lyft driver.
• We may also need to review whether Uber or Lyft properly hired or monitored the driver who caused your accident. This review may include examining whether Uber or Lyft conducted a proper background check on the driver and whether they properly investigated any complaints against the rideshare driver.

If an Uber or Lyft driver sexually assaults a passenger, we can take time to coordinate your claim with any criminal actions, ensure that you are receiving the sexual assault counseling you need, show how the assault occurred, document all your personal and emotional damages, and seek the compensation you deserve.

Contact our Boston Uber and Lyft car accident lawyers today

At Santoro & Gray, we anticipate and quickly work through the various roadblocks that can delay your car accident claim. Our rideshare accident lawyers have the skills and experience to handle complex personal injury claims.

Please call us or complete our contact form for a free, confidential consultation. We’re here to support you, tell your story, and fight for your truth.