It’s no secret that Uber is reinventing the transportation scene. In 2018 alone, ridesharing companies completed an astonishing 81.3 million in rides in Massachusetts. Although thousands of Massachusetts residents rely on Uber, few understand the legal proceedings surrounding Uber and its drivers. If you have been injured in a car crash involving Uber, you should contact a Massachusetts accident attorney as soon as possible. Whether you are an Uber driver, a rider, or a third party injured by an Uber, seasoned Attorney David Tapalian can help you navigate your claim.
Although Ubers operate similarly to taxis, there are some regulations that apply to other transportation services that do not apply to Uber. Uber drivers are not considered employees of Uber like taxi drivers are employees of their taxi company. Uber drivers are instead considered “private contractors” because they operate their own vehicles. Uber claims that they simply facilitate transactions between individuals, and thus the company has been protected in many lawsuits. However, recent Massachusetts legislation has been enacted to hold Uber more accountable. The Transportation Network Companies Act ensures that each Uber ride is insured with up to $1 million in liability insurance shared by Uber and Uber drivers. This new legislation can be difficult to comprehend, but Massachusetts Uber accident lawyer David Tapalian is here to walk you through this complex legislation.Uber Drivers
According to Massachusetts law, Uber drivers have to carry at least $100,000 of total coverage for injuries per accident from their personal insurance. With this new ridesharing law, Uber has to cover any gap in liability insurance of up to $1 million in the event of an accident, but only in certain scenarios:
- If you are driving but do not have the Uber app open: only your personal insurance can provide coverage for an accident.
- If you are driving and have the Uber app running while waiting for someone to request a ride: Uber’s insurance policy is active, but cannot exceed $50,000 for additional coverage of injuries from an accident.
- If you have an Uber rider in the car with you during the collision: you are covered by Uber’s $1,000,000 coverage policy.
As a passenger, Uber is responsible for providing you with a safe ride to your destination. If they fail to provide you with a safe trip, you are entitled to compensation from Uber and/or the responsible driver. Even if the driver at fault does not have insurance, Uber legally has to provide third-party liability insurance to some extent.Third Party Victims Injured by an Uber Driver
If you are a driver, pedestrian, or biker injured in a collision by an Uber driver, you are covered by Uber’s third-party insurance policy. You may also be eligible to initiate a civil action lawsuit against Uber or the responsible driver. However, before proceeding with any legal actions it is imperative that you consult a Massachusetts Uber accident attorney like David Tapalian. The legality of the situation is complex and often requires a legal expert’s evaluation.What to Do if You Are in an Uber Accident
If you are injured in a crash with an Uber driver, there are steps you can take to help ensure that you have the strongest claim possible.
- Contact the Police right away and stay at the scene to answer first responders’ questions. Having a solid, accurate police report strengthens your credibility.
- Call 911 or go to a hospital to treat your injuries, and keep detailed records of your hospital bills and documents. Much of the compensation you receive will be determined by your medical treatment.
- If you are an Uber driver, screenshot your Uber app to prove that you were using Uber and driving a passenger at the time of the accident.
- If you are an Uber rider, screenshot your Uber app to maintain the contact information of your driver. In the app, you can see your driver’s name, cell phone number, and license plate.
- Collect evidence at the scene like photos of the damage and names of witnesses if possible.
- Inform Uber of the accident ASAP. Don’t agree to any settlement offers before discussing with your legal representatives.
Filing a claim against such a large corporation like Uber may seem daunting. To ensure that you have the best legal representation on your side, you should consult Massachusetts Uber Accident Lawyer David Tapalian today. With offices in Providence, RI, Warwick, RI, and Seekonk, MA, Tapalian Law is easily accessible for anyone in the Massachusetts area. Our dedicated team of personal injury experts will help create a legal plan to strengthen your claim and guide you through the steps to receive the compensation you deserve. These claims are often complicated, but Attorney Tapalian will be with you every step of the way. Call Tapalian Law at 401-552-5000 or contact us online today.