Uber and Lyft Accident Claims in Massachusetts

While an Uber/Lyft-type (transportation network) driver is logged in and available but not on a pre-arranged ride, auto liability insurance must provide at least $50,000 per person and $100,000 total for bodily injury and $30,000 for property damage, plus uninsured motorist coverage and personal injury protection to the extent required by law. During a pre-arranged ride, coverage must be at least $1,000,000 per occurrence for death, bodily injury and property damage, plus uninsured motorist coverage and personal injury protection. The insurance may be held by the driver, the company or both, and if the driver's insurance lapses or denies a claim, the company's insurance must cover from the first dollar.

Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.

Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.

Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.