Boston Uber Car Accident Lawyer
A rideshare accident is more complicated than other crashes, but a Boston Uber car accident lawyer can help you determine how to proceed with your case.
Any car accident can result in a confusing situation when it comes to determining fault, but a crash caused by an Uber driver can be especially so. Rideshare companies like Uber have contingent insurance policies that cover injuries and damages caused by their drivers—but only under certain conditions.
The trick is determining which conditions were in effect at the time of your collision. And even after all of this is sorted out, there’s still the issue of negotiating a fair settlement that will cover all of your losses in full. This is a difficult situation, but it can be made substantially easier with the help of a Boston Uber car accident lawyer from Joel H. Schwartz, PC.
Was Uber Financially Responsible for the Wreck?
In the most general terms possible, there are effectively three broad situations with different “statuses” where Uber’s insurance policies are concerned. Because Uber drivers are independent contractors, Uber is not liable for their actions in all situations.
In the first scenario, the Uber driver hit you while he or she had a paying passenger in the car or had accepted a new ride and was on the way to pick the fare up. In this situation, Uber’s full insurance policy goes into effect, providing you with the highest potential policy limit.
In the second scenario, the Uber app is turned on with driver mode engaged, but the Uber driver is waiting on a new fare. Under these circumstances, Uber has a less comprehensive contingency policy that applies.
In the third scenario, the Uber driver is effectively off the clock and the app is turned off. Uber has no liability in this situation, and the collision would be treated like a normal crash with the driver’s personal insurance being responsible once your own no-fault policy is exhausted.
Proving Uber’s or the Driver’s Liability
The first scenario is obviously the most clear-cut. However, there is quite a bit of gray area in the second and third scenarios. Uber might try to deny that the app was active in scenario two, while the driver in scenario three might claim that the app was turned on, hoping to get out of using his or her own private insurance.
In this scenario, your attorney may have to request cell phone records from the driver’s provider in order to determine if the app was in use. If this is inconclusive for some reason, a deposition might be necessary. By deposing the rideshare driver and potentially an Uber representative, questions can be asked while they are under oath to obtain the truth of the matter.
Consult with a Boston Rideshare Car Accident Lawyer
Accidents with Uber drivers might be confusing to make sense of, but untangling the facts of the collision are necessary to obtaining the compensation you deserve.
Make the process as smooth as possible by working with Joel H. Schwartz, PC. To schedule a free consultation, give us a call at 1-800-660-2270 or complete the online contact form at the bottom of this page.