Experiencing a car accident is unsettling, and it can be even more confusing if it occurs during a rideshare trip. Additionally, you’ll likely need to navigate state fault laws and the company’s extensive commercial insurance. Here’s some important information:
The Massachusetts 51% rule
In Massachusetts, the rule of Modified Comparative Negligence applies. This rule determines the eligibility of your claim:
- If you are found to be 50% or less at fault, you are eligible to recover damages.
- If you are 51% or more at fault, you are legally prohibited from receiving any compensation.
This means that even minor errors on your part, such as slight speeding or quick lane changes, can be used by the insurance company to assign just enough blame to you to reach that 51% threshold, potentially nullifying your claim.
The legal complexities of rideshare
Accidents involving Uber or Lyft become more intricate due to layered insurance policies. When a claim is made, the rideshare company’s insurer, which might cover up to $1 million if the driver has a passenger, is highly motivated to shift blame onto the victim
- The insurance strategy: Their primary aim is to demonstrate that you contributed to the accident, even slightly. Every percentage of fault attributed to you reduces their financial responsibility.
- The dispute: Insurers for both the driver and the rideshare company often debate over negligence, yet they consistently collaborate to increase your share of the blame for the accident.
With this in mind, an experienced attorney can help you with expert testimony and digital evidence that can reduce your fault below that critical 51% threshold. Each accident has its own strategy, so if you have been involved in a crash, contact a lawyer at once.