If you are injured in an accident while taking an Uber or Lyft, there are a few scenarios that affect your options:
(1) The Uber/Lyft Driver is At Fault
In this scenario, there are two claims set up for your injuries. Both claims are set up by the Uber/Lyft’s insurance company. The first claim is the Personal Injury Protection (PIP) claim. The PIP claim is set up to pay for your medical bills and lost wages, if any. There is $2,000.00 available for your medical bills if you have private health insurance and an additional $6,000.00 is available toward any co-pays or deductibles not covered by your private health insurance. You can also submit your lost wages for 75% reimbursement from some or all of the $8,000.00. If you do not have private health insurance or have MassHealth, Medicaid or Medicare, there is $8,000.00 in total available toward your medical bills and/or 75% of your lost wages.
The second claim is the Bodily Injury Claim. This claim would be with the same insurance company as the PIP claim. This claim considers your injuries, symptoms, lost wages, lost earning capacity, pain and suffering, loss of enjoyment of life (things you can’t do since the accident), loss of function and anything else specific to you or your lifestyle that has been affected by the accident. In most cases, the Uber/Lyft driver will have minimal coverage. If that is the case, read the (3) scenario.
(2) The Uber/Lyft Driver is Not At Fault
In this scenario, there are two claims set up for your injuries. The first claim is the Personal Injury Protection (PIP) claim. The PIP claim is set up by the Uber/Lyft’s insurance company to pay for your medical bills and lost wages, if any. There is $2,000.00 available for your medical bills if you have private health insurance and an additional $6,000.00 is available toward any co-pays or deductibles not covered by your private health insurance. You can also submit your lost wages for 75% reimbursement from some or all of the $8,000.00. If you do not have private health insurance or have MassHealth, Medicaid or Medicare, there is $8,000.00 in total available toward your medical bills and/or 75 % of your lost wages.
The second claim is the Bodily Injury Claim. This claim would be set up by the at-fault party’s insurance company. This claim considers your injuries, symptoms, lost wages, lost earning capacity, pain and suffering, loss of enjoyment of life (things you can’t do since the accident), loss of function and anything else specific to you or your lifestyle that has been affected by the accident. If the at-fault party doesn’t have enough insurance coverage to cover your injuries and other effects of your injuries, read (3) scenario.
(3) The Uber/Lyft Driver or the At-Fault Driver Does Not Have Enough Insurance Coverage
If the Uber/Lyft Driver or the At-Fault Driver does not have enough insurance coverage, you can, without any increase in your premium, access your own car insurance policy for additional coverage. If the Uber/Lyft driver at fault or the other party is at fault and only has $20,000.00 in coverage; and your case is worth more, assuming you have Underinsurance Coverage over $20,000.00, you can access that coverage amount minus the $20,000.00. If your Underinsurance Coverage exceeds the Bodily Injury policy limit, you can access it. If you don’t own a car, but live with a relative who does and they have Underinsurance Coverage, you can access their coverage as if it were your own with no effect on their premium.
So don’t worry if you are injured in an Uber/Lyft. You have plenty of options. To access those options, contact Law Offices of Scott M. Syat, P.C. at (617)773-3500.
