Third-Party Claims Against Uber & Lyft
Holding rideshare companies liable when rideshare drivers cause accidents
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All drivers owe a duty to drive safely at all times; Uber and Lyft’s insurance obligations vary depending on whether a driver is logged into the app and engaged in rideshare activity. At Santoro & Gray, we handle the claims of injured rideshare passengers and the families of deceased passengers. We also represent third parties who suffer injuries in rideshare accidents. Generally, third parties can file a personal injury claim against a negligent rideshare driver. In many cases, which we discuss below, third parties may seek coverage under Uber or Lyft insurance policies, and in certain situations may also assert claims based on Uber or Lyft’s own negligence.
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How Santoro & Gray can help you
- What is a third-party claimant?
- The duty of the owner/driver is to provide insurance to passengers and third parties in Boston
- When are Uber or Lyft liable for rideshare accidents to passengers and third parties in Massachusetts?
- Damages available in third-party claims against Lyft and Uber
- How does Santoro & Gray show that Uber and Lyft are liable for a rideshare driver accident?
- Frequently asked questions
- Do you have an Uber or Lyft rideshare claim lawyer near me?
Passengers in a rideshare vehicle typically pursue claims as injured parties against the driver and applicable insurance coverage. Third-party claimants include the following:
- Drivers and passengers in vehicles other than the rideshare vehicle
- Pedestrians
- Bicycle riders
If someone dies, the wrongful death claimant stands in the same legal position as the deceased. For example, the family of a rideshare passenger who is killed would assert the passenger’s claim against the driver and applicable insurance. By contrast, the family of a pedestrian killed in a rideshare-related crash would pursue a third-party claim.
Drivers are liable for injuries they cause when operating a vehicle; private auto coverage applies during personal use, and additional or higher coverage applies when a rideshare driver is logged into a rideshare app.
In Massachusetts, car owners and drivers must have the following minimum insurance coverage while using their car for private use (other rates apply when a rideshare driver is logged in to their app):
- Bodily injury to one victim: $25,000
- Bodily injury to multiple victims in one accident: $50,000
- Damage to someone else’s property: $30,000
- Uninsured coverage (UM): $25,000 per person and $50,000 per accident
- Personal injury protection (PIP): At least $8,000 per person. PIP covers the driver, anyone the driver lets drive their car, anyone living in the owner’s household, any passengers in the vehicle, and any pedestrians
Generally, Uber and Lyft must provide the following minimum insurance coverage for third parties while a driver is logged in and looking for rides; passenger coverage applies only after a ride is accepted.
- Bodily injury to one person. $50,000
- Bodily injury to multiple persons. $100,000
- Property damage. $30,000
Uber and Lyft provide at least one million dollars in coverage for injured passengers (and the families of deceased passengers) if one of their drivers causes an accident while they have accepted a ride and are on their way to pick up the passenger or have the passenger in their vehicle.
Limits for third parties mirror passenger limits once a ride is accepted, though the legal basis for coverage differs. Coverage of up to $1 million may be available, subject to proof of liability and the terms of the applicable insurance policies.
Third parties can pursue compensation for damages against Lyft and Uber to cover losses incurred. Depending on the specific circumstances of your claim, both economic and non-economic damages may be available. For example:
Economic damages
- Medical expenses (both current and future)
- Property damage
- Rehabilitation and assistive devices
- Lost wages and earning capacity
- Vehicle or property damage
Non-economic damages
- Pain and suffering
- Emotional distress and PTSD
- Loss of enjoyment of life
In a wrongful death claim, compensation can include funeral and burial costs, loss of income, and the loss of comfort, education, and companionship your loved one would have provided each eligible family member. These are recoverable as permitted under G.L. c. 229, § 2 and subject to proof.
When it comes to available damages, it’s important to discuss the details with an experienced Boston attorney to determine just what your claim might be worth.
Uber and Lyft don’t deserve special privileges because they’re providing a service – helping people get to their destinations. Their drivers have a duty to drive safely and obey all traffic laws of Massachusetts.
Uber and Lyft may, in certain circumstances, face statutory obligations and potential negligence claims related to driver vetting and safety practices, depending on the facts of the case. These duties don’t just apply to passengers seeking rides; they extend to everyone on the road. Third parties are at risk of rideshare accidents because rideshare drivers may spend significant time using their phones and GPS systems, and often drive long hours in an effort to increase earnings.
Some of the many steps our Boston rideshare accident lawyers take to show a rideshare driver was negligent and that Uber or Lyft should be held accountable include the following:
- Work with investigators who examine the accident site, speak with witnesses, and question residents and businesses about the accident.
- Review the police reports and speak with the law enforcement who investigated the accident.
- Formally question the rideshare driver in person and in writing.
- Examine the insurance policies and coverage the driver has and the coverage Uber or Lyft provides.
- Work to show that the rideshare driver was on-duty (that their app was on).
- Work to show that the rideshare driver had accepted a ride.
- Contest arguments by Uber or Lyft that third parties are not covered.
- Contest arguments by Uber or Lyft that a third party was comparatively negligent.
- Use other strategies depending on how the accident happened.
Frequently asked questions
Who can I pursue for damages after a rideshare accident?
Depending on the circumstances of your case, you can pursue damages for a third-party claim against the Uber or Lyft driver, the rideshare company, or another third party while being transported in a Lyft or Uber vehicle.
What should I do immediately after a rideshare accident?
If you’ve been injured in any car accident, get medical attention as soon as possible – even if your injuries seem minor. Next, document the scene. Take photos. Collect witness information. Note details about the drivers and vehicles involved. Then, contact an attorney as soon as possible to help you file a timely third-party claim against Uber or Lyft.
How long do I have to file a lawsuit for a third-party claim in Massachusetts?
The deadline to file a personal injury lawsuit in Massachusetts is generally three years.
Yes. Our personal injury lawyers meet clients at 131 Dartmouth Street, 3rd Floor, Boston, MA 02116. We represent clients in Back Bay, the Seaport District, Allston, Cambridge, and across Greater Boston. Our lawyers are available for in-person, phone, and online consultations. If your rideshare injuries prevent you from coming to our office, we can arrange to meet you at your home or another location.
Our attorneys are ready to guide you through each step of the claims process.
Get help from our Boston rideshare claims lawyers today
Uber and Lyft have a duty to take reasonable steps to promote safe driving and to provide applicable insurance coverage.
We’re experienced personal injury lawyers. Contact Santoro & Gray today for a free, confidential case evaluation. Our team is here to support you, tell your story, and fight for your truth.