When you climb into an Uber or Lyft, the last thing on your mind is getting into an accident. But in the blink of an eye, your rideshare trip can turn into a painful ordeal if another vehicle crashes into you. In the aftermath of such a jarring event, you may find yourself facing mounting medical bills. It is a difficult situation that no one should have to face alone.
If you have been involved in a rideshare accident in Massachusetts, you likely have many questions swirling in your mind. One of the most pivotal is whether it is in your best interest to settle your claim with the insurance company or take your case to court. The answer depends on the unique circumstances of your accident and injuries. Let’s explore the key considerations to help you make this important decision.
Pursuing a Settlement
For many rideshare accident victims, the thought of going to court is daunting. You may prefer to resolve your claim by reaching a settlement agreement with the insurance company. A settlement has several advantages:
- Faster resolution: Lawsuits can drag on for months or even years. With a settlement, you can often wrap up your claim in a much shorter timeframe.
- Lower legal costs: Although most rideshare accident attorneys work on contingency (meaning they only get paid if you do), going to trial still tends to involve higher legal fees than settling. More of your compensation goes into your pocket with a settlement.
- Guaranteed payout: When you go to trial, there are no guarantees. The jury may side against you. With a settlement, you have the certainty of knowing exactly how much money you will receive.
- Privacy: Court cases are a matter of public record. Anyone can look up the details of your lawsuit. A settlement allows you to maintain your privacy.
However, insurers are under no obligation to offer a fair settlement. They are banking on you accepting a lowball offer so you can pay off your bills and move on with your life. Once you accept a settlement, you generally cannot go back and ask for more money later if your expenses exceed what you were paid. Settling too soon can leave you facing financial hardship. This is why it is so critical to have an experienced rideshare accident lawyer advocating for you. Your attorney can assess whether a settlement offer is fair based on the extent of your injuries and losses. Your lawyer will handle all the negotiations with the insurance adjuster and advise you if it makes sense to settle or escalate to a lawsuit.
Taking Your Case to Court
If the insurance company refuses to make a reasonable settlement offer, you may need to file a lawsuit to pursue the compensation you deserve. Taking your case to court has several potential advantages:
- Higher compensation: Juries sometimes award higher damages to accident victims than they would have gotten through an insurance settlement, especially in cases involving very serious injuries.
- Sense of justice: For some injured victims and their families, having their day in court is not just about the money. It is about holding the at-fault party publicly accountable. A courtroom victory can provide an important sense of justice.
- Punitive damages: An outrageous case of negligence or reckless disregard for human life could merit punitive damages to punish and deter the behavior. Settlement agreements never include punitive damages.
However, going to court also carries risks. There is no guarantee a jury will find in your favor. If you lose your case, you could wind up with no compensation at all after a long and stressful trial. Even if you win, the defense could file an appeal that further draws out the legal process.
Fortunately, filing a lawsuit does not necessarily mean you will end up in front of a jury. The vast majority of cases settle before reaching that point. Sometimes, filing a lawsuit is the catalyst needed to pressure an insurer to offer a fair settlement.
Discuss Your Options with an Experienced Massachusetts Rideshare Accident Lawyer
At Altman Nussbaum Shunnarah, our knowledgeable legal team has a track record of success standing up to rideshare companies and their insurers. We know the tricks and tactics they use to minimize and deny claims. Our skilled negotiators will aggressively pursue the maximum compensation available under Massachusetts insurance regulations. If the insurance company refuses to treat your claim fairly, we are always prepared to battle for you in the courtroom. Call or contact us now for a free consultation. We are ready to fight for the justice you deserve.