1. Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
2. Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
3. Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
4. Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

Where these accidents often differ with ridesharing, is that there are now multiple levels of personal involvement; the rideshare company itself, the driver – who is an independent contractor, the passenger, and any other 3rd parties involved in the accident. The competing interests and responsibilities of these multiple actors can lead to difficulty obtaining relief for an injured party.

An important fact to know is that individuals who drive for rideshare companies are not “employees,” in the legal sense. Rather, they are independent contractors. This is significant for a couple for reasons. First, from the perspective of the driver, they are not entitled to Workers’ Compensation in the event of a workplace accident. Next, you are required to carry your own insurance. As we will see, when the accident occurred in the course of the driver’s day has huge significance. For example, according to Uber’s website, they offer supplemental coverage of varying amounts depending on the status of the driver.

Offline or the Driver app is off

• The driver’s personal insurance company and coverages apply

Available or waiting for a ride request (Uber maintains, on behalf of the driver)

• Third-party liability if your personal auto insurance doesn’t apply
• $50,000 in bodily injury per person
• $100,000 in bodily injury per accident
• $25,000 in property damage per accident

En route to pick up riders and during trips (Uber maintains, on behalf of the driver)

• $1,000,000 third-party liability
• Uninsured/underinsured motorist bodily injury
• Contingent comprehensive and collision
• Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)
• Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible

If you are driving for a rideshare service like Uber or Lyft, it is important to understand what you are and are not covered for and when. Massachusetts has a minimum requirement for vehicle insurance coverage and insurance companies often require you to provide notice you will be using your vehicle to provide rideshare services.

The third aspect of the independent contractor-Uber/Lyft relationship we will touch on revolves around a legal doctrine known as “respondeat superior.” Respondeat superior stands for the proposition that an employer can be found liable for the actions of their employee. However, this doctrine is generally unavailable in cases involving independent contractors. What this means is that Uber and Lyft are able to distance themselves from any tortious actions of their drivers.

At this point, it should be clear that these rideshare companies have positioned themselves to avoid direct liability for the actions of their drivers. In practice, this means it can often be difficult to ascertain whose insurance companies to target in order to handle claims. As is a recurring theme in our practice, the involvement of insurance companies tends to complicate matters. It is usually in your best interest to work with an experienced rideshare injury attorney.

Finally, while to this point the article has focused on the driver’s legal work status (independent contractor) and insurance, the reality is that with any motor vehicle accidents, injuries can occur to the driver, passenger(s), and 3rd parties. If you are the passenger or 3rd party in a rideshare accident, you are accorded the same personal injury rights as any other motor vehicle accident. Like other motor vehicle accidents, it is in your best interest to seek the services of an experienced personal injury attorney who can help you through the process.

To answer that we should look at where the accidents typically take place. Two (2) common locations where pedestrian accidents occur are in crosswalks and parking lots. Intuitively, this makes sense as these are areas where people and cars intersect. By their nature, these are high pedestrian-traffic areas. Drivers are taught to be aware of pedestrians in these areas.

Crosswalks

When a vehicle approaches a crosswalk, drivers are instructed to slow down and be vigilant for pedestrians. If a person is already in the crosswalk, then they have the “right of way” and drivers must always yield to them. From the pedestrian’s perspective, the different types of crosswalks have slightly different rules.

For example, some crosswalks are controlled by a walk signal button, i.e., there is a button to push that will expedite a red light, making it safe to cross. At these types of crosswalks, upon pressing the walk-signal button, the pedestrian must wait until the “walk” signal flashes and it is safe to cross. Some intersections do not have a walk signal button and only have painted crosswalks. At these crossings, pedestrians always have the right of way. Finally, some intersections have no crosswalk at all, e.g., side streets, driveways, and parking lots. Again, pedestrians have the right of way and drivers are required to yield as if a crosswalk was there.

Parking Lots

Another common site for pedestrian accidents are parking lots. Parking lots provide a unique situation where cars and pedestrians are constantly around each other. So it makes sense that the potential for pedestrian accidents is higher. Most parking lots do not have marked crosswalks and if they do, they only mark a path across the main roadway between the store(s) and the actual parking spaces. Therefore, as mentioned above, pedestrians do have the right of way and drivers must yield to them.

Within the context of parking lots, but also applicable to driveways, many accidents involve a driver who is backing up. Often, drivers rely solely on their mirrors, which leaves the driver with blind spots. Even cars with rear-facing cameras cannot clear all possible blind spots. While the safety impetus falls on the driver, it is always good practice to keep an eye out for any vehicles backing out of a parking space or driveway.

That last line is notable. It is important to remember that simply because the law is on your side and you have the right of way, it does not mean you should not be vigilant. Pedestrian-vehicle accidents are mostly one-sided when it comes to physical damages. Further, the most common reason for these accidents are carelessness of the driver. Checking our phones, changing the radio station, or turning to talk to the person next to us are things we have all done and only take a second or two.

Unfortunately, when driving a vehicle, these lapses in focus can be dangerous. Combine the vast discrepancy in size between a vehicle (even a slowly moving one) and a pedestrian, and the potential for serious bodily injury is high. That is why it is incumbent on drivers and pedestrians to pay extra attention in high pedestrian-traffic areas, like parking lots and crosswalks.

However, if you find yourself the victim of a pedestrian accident, it is in your interest to contact an experienced attorney who can help you determine the legal remedies available to you.

• The driver panicked or made a spur-of-the-moment decision;
• Intoxication/drunk driving/operating under the influence;
• Unlicensed operator, i.e., if the other driver doesn’t have a license;
• Outstanding warrant or stolen vehicle (i.e., he/she would be arrested if police were called to the scene).

What Should I do if the Other Driver Leaves the Scene? Most importantly, DO NOT chase after the other car. This only puts yourself and others in danger through the chase itself or eventually confronting the driver. When you realize another driver is attempting to leave the scene, there are a few things you can do. First, try to identify the vehicle in question. If you can, take a picture of the other vehicle, ideally the license plate, but a photo of other identifying information, e.g., color, make, or model, is also helpful to the police. If there are witnesses, you can also ask them to provide any information they may have. Second, call the police. Give them all the information you have, including any photos or observations of the other car. Even if you only got a partial view of the license plate, that could be helpful. Will My Insurance Cover Me? There are two types of insurance that cover these situations: Uninsured Motorist Coverage will pay the compensation for your injuries. This is required coverage, meaning everyone in Massachusetts has it, although the amount of the insurance varies depending on what you paid for. So in many situations, you won’t be any worse off because the other car fled the scene. Collision Coverage will pay for any damage to your car. This is an optional coverage, meaning you may not have it. Am I entitled to additional damages? Yes, depending on the facts of the case. For example, if the paint of your car was scratched, as a general proposition, a court will not find injuries necessitating compensation. However, if you were to suffer physical and or emotional harm due to being in a car accident, you may be able to pursue a claim against the driver. Furthermore, as leaving the scene is a crime in Massachusetts, a judge in the criminal case could order the driver to pay damages. Even if this were to happen, you can still pursue a civil lawsuit seeking additional compensation for your injuries.

If you’ve been injured in a hit and run accident, call the Car Accident Lawyers at Marcotte Law Firm for a free, no obligation consultation.