Uber's insurer and the rental car company keep blaming each other - what are they trying to dodge?
“uber passenger in new bedford got out and got hit by a rental car now the personal insurance and rental company are both saying not us why”
— Melissa R., New Bedford
A broken pelvis after an Uber drop-off can turn into a three-insurer blame circus fast, especially when the car that hit you was a rental.
Why every insurer is suddenly acting confused
Because "primary coverage" means real money, and nobody wants to be first in line.
If you were riding in an Uber in New Bedford, got dropped near downtown, stepped into the crosswalk, and a rental car drilled you hard enough to break your pelvis, you'd think liability would be simple.
It usually isn't.
The driver who hit you may have a personal auto policy.
The rental car company may have sold some kind of liability coverage, or may be trying to say the driver declined it.
Uber has a big policy, but Uber's insurer will often say your injuries came from the rental driver, not from anything the Uber driver did.
So now you've got multiple companies playing hot potato while you're dealing with a pelvic fracture, missed work, and rehab.
That's the game.
In Massachusetts, the fracture changes the whole case
Massachusetts is a no-fault state for car crashes, which means the first chunk of medical bills usually gets routed through PIP coverage instead of straight to a fault claim.
But here's what most people don't realize: a broken pelvis is a fracture. That matters.
A fracture usually clears the threshold that lets you pursue a bodily injury claim against the people who caused the crash, instead of getting boxed into the limited no-fault system.
So if this happened near Purchase Street, Acushnet Avenue, Route 18, or one of those ugly downtown crossings where drivers rush the light and barely look, the insurers can't just hide behind "Massachusetts is no-fault" and call it a day.
Not with a pelvic break.
The rental car fight is usually about who pays first
This is where it gets ugly.
The rental driver's personal insurer may argue the rental company's coverage should be primary.
The rental company's carrier may argue the driver's own policy comes first, and their coverage is excess only.
If the driver was using a credit-card benefit, that can get dragged in too, though those benefits often focus on damage to the rental car, not your injury claim.
Meanwhile, your health insurer is paying some treatment and keeping score for reimbursement later.
And if Uber's stop was unsafe - double-parked, dropped in traffic, dumped you outside a marked crossing, or stopped where you had to walk into moving cars - Uber's side may have exposure too.
That's why you keep hearing versions of the same line: "We're still investigating."
Translation: nobody wants to open their wallet before they have to.
More than one party can be at fault in Massachusetts
Massachusetts doesn't require you to pick one villain if the facts point to several.
If the rental driver was speeding through the crosswalk and the Uber driver let you out in a stupid spot, both can share fault.
That matters because one insurer will try to pin everything on the other, hoping you get tired or make a bad recorded statement.
And yes, subrogation and contribution fights can happen behind the scenes after one company pays. One carrier may pay part of the claim, then go after another carrier for reimbursement. That is their problem, not your injury's value.
What matters for your case is whether the evidence shows overlapping fault.
A few things usually drive that in New Bedford cases:
- where the Uber stopped, whether there was a marked crosswalk, whether the rental car had a green but failed to yield, whether police photographed the scene, and whether nearby cameras from storefronts or traffic poles caught the impact
Why they keep calling you
Because your words can save them money.
If the rental carrier gets you to say you were "already out and away from the Uber," Uber's insurer likes that.
If Uber's insurer gets you to say the drop-off was fine and "the other car came out of nowhere," the rental side likes that less, but Uber likes it a lot.
If either one gets you to downplay pain, say you looked at your phone, or admit you crossed outside the lines, they've got ammunition on comparative fault.
In Massachusetts, if they can push your share of fault past 50 percent, your claim can get wiped out. Even short of that, every point of blame they stick on you cuts the value.
The evidence that usually matters most
The police report from New Bedford PD is only the start.
For a case like this, the real pressure points are the Uber trip record, the exact GPS drop-off location, the rental agreement, the declarations page for the driver's personal policy, any supplemental liability the rental driver bought, and the medical records from St. Luke's showing the pelvic fracture right away.
That ER record is gold.
It ties the crash to the injury before the insurers can start mumbling about "preexisting pain" or some other nonsense.
Also, if you missed shifts after surgery or rehab, your wage loss is not some side issue. A pelvic fracture can flatten someone for months. For a nurse or any worker who spends hours on their feet, transfers patients, or moves equipment, this is body-changing stuff.
And one more Massachusetts wrinkle: if one insurer finally pays, don't act shocked when health insurance or MassHealth starts looking for reimbursement from the settlement. That subrogation piece is normal. It doesn't mean the claim was fake or overpaid. It means everybody wants their cut once real money shows up.
The delay is not because your case is confusing to them.
It's because it's expensive.
Sean Flaherty
on 2026-03-24
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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