Was driving to drop off a rider with Uber 2 cars stopped so fast in front of me inside the tunnel I was going like less than 10 miles per hour I rear ended. The car in front of me no damage to the other car only my car has damage and I hit my head into the windshield and suffered a brain injury which I went thru a brain surgery ,I've been out of work for two month and still not ready to go back to drive will I be elligible for pain and suffering and lost wages from Uber insurance ?
I am sorry to hear about your accident. If you have a claim it would be against the other vehicle(s), not Uber. You will have a liability issue with your claim. In Massachusetts, a vehicle that strikes another vehicle from behind is presumed to be 80% at fault in the accident. This can be disputed with evidence that shows the other car(s) stopped too quickly or were negligent, causing your injury. The best form of evidence would be video from the tunnel which can be requested. Also, any witnesses to the other vehicles behavior would helpful. It is better to have witnesses that were not in your car or people that you did not know. Insurance companies believe these folks are without bias and are more likely to be truthful. It is important for you to contact a Massachusetts car accident/personal injury attorney before important evidence disappears.
Sounds unlikely that you will be able to collect for pain & suffering. In Mass. you must be 50% or less at fault for the crash to hold the other drivers liable. Rear-ending another vehicle usually makes you mostly at fault for the crash, barring any strange circumstances. You should speak to a lawyer. You do have Personal Injury Protection coverage that is no-fault and you potentially can get some of your lost earnings there.
From Uber’a insurance? I thought you had to carry your own insurance and of course than you Sue the driver and the owner of the car and maybe you could sue Uber as employer
Does Uber pay workers comp? Do you know who caused the accident. You can’t really recover pain and suffering from workers comp but there is a recovery there to be obtained if it’s obligated. The case against a sudden and unusual stop is tough! You did the same thing only hit someone.
If you are determined to be 100% at fault, which from your loss facts it sounds like a distinct possibility that you will be, then you have no case for any type of claim against the driver in front of you.
You should be more concerned about liability claims being brought against you. Uber has liability insurance so make sure you report the accident to them so they can then file a report with their insurance company. For your vehicle's damages, Uber will not take responsibility for that. You will need to report the claim to your own insurance company for the first party coverage/collision coverage and for possible liability claims as well. Depending on how your policy reads, however, your auto insurance carrier may deny coverage to you since you were using the vehicle for commercial use. Report it, anyway, and get the ball rolling.
However, in the off chance you can prove some liability on the other driver, even if your insurance company denies coverage, you can put in a bodily injury claim against the other driver and if he or she has no bodily injury insurance or no insurance, Uber's insurance company, James River Insurance, does carry a $1,000,000.00 Uninsured/Underinsured liability policy.
If that's the case, then your best bet is to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front. Good luck!
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