Uber has revolutionized how we get around the world. Customers can request and pay for a ride anywhere they want to go with the touch of a button. But this convenience does not come without risks. If you were in an Uber accident—either as an Uber passenger or another driver—you could be facing serious injuries and losses.
A Fort Myers Uber accident lawyer from the Law Offices of Anidjar & Levine can help. You might be entitled to compensation, and we can handle every step of the process. We offer free case reviews so you can readily learn your options.
How Uber Auto Insurance Works
Uber has commercial auto insurance in place to protect drivers, passengers, and pedestrians in the event of an accident while using the Uber app. Three accident scenarios could occur.
The App Was Turned Off
The driver’s personal auto insurance and coverages apply if the driver is offline or the driver’s app is turned off. Uber’s auto insurance does not apply in this situation.
The App Was On, and the Driver Was Waiting for a Ride
Was the driver awaiting a ride request? The driver is covered for third-party liability if they don’t have personal auto insurance or their own personal insurance will not cover the crash. Uber maintains the following auto insurance in the event of an accident:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per person
- $25,000 in property damage per accident
The Driver Was Picking up Passengers or on the Road
In the event of a covered accident, Uber maintains $1,000,000 in third-party liability insurance in the event of a crash.
What If an Uber Driver Hit My Car?
The state of Florida is a no-fault state. This means that if you are hurt in a Uber accident, you should first seek compensation from your own insurance.
Personal injury protection (PIP) insurance is required for all drivers in Florida, and it can provide up to $10,000 in immediate coverage for medical and non-medical costs. You must seek medical treatment within 14 days of the accident to be eligible.
You may be able to file a claim through the rideshare driver’s insurance or, in some cases, the rideshare company’s insurance if your coverage is insufficient. You could also file a lawsuit against the driver if the driver’s insurer denies the claim or if the company coverage doesn’t apply. To do so, you must have suffered serious injuries under Florida law.
What Is Considered a Serious Injury?
Only certain, significantly impairing injuries are considered serious under Florida law. Some of them are:
- Significant disfigurement or scarring
- Being unable to work for more than 90 days
- Severely limited bodily function or organ
Can Uber Be Held Liable for the Accident?
It is more difficult to file a lawsuit against Uber. Drivers for Uber are classified as independent contractors rather than employees. Because of that, Uber is rarely held liable in the event of an accident. However, in Fort Myers, there are strict requirements for who can work as a driver, so Uber could be held liable for negligent hiring.
To be an Uber driver in Fort Myers, a driver must:
- Have a license for at least a year
- Hold a Florida registration, license, and insurance policy in their name
- Have a 15-year-old vehicle or newer
- Have a 4-door car in good condition with no cosmetic damage
- Have no commercial branding on their vehicle
What to do If You’ve Been Involved in an Uber Accident in Fort Myers
In Lee County, there were 12,547 crashes in 2019 alone, 7,570 of which resulted in injuries, per the Florida Highway Safety and Motor Vehicles (FLHSMV). In Fort Myers, car accidents are not uncommon, but you may not know what to do in the aftermath.
Consider taking these important steps after a crash:
Call the Police
If you’ve been in an accident with an Uber driver, whether as a pedestrian, another driver, or a passenger, you should proceed as you would in any other accident. Make sure you check for injuries first. If you need assistance, dial 911 and ask for medical help right away. If you don’t have injuries, make sure everyone else involved wasn’t injured. If they are hurt, call 911.
Even if no one was hurt, you should probably contact the authorities to make a police report.
File a Police Report
Under Florida Statutes – Motor Vehicles § 316.065, you must report car accidents to the Florida Highway Patrol or the police if:
- There was a death or injury
- There was $500 or more in property damage
However, if an Uber driver is involved in an accident, you should definitely call the police and have them file a report—regardless of whether you are required to do so by law. This will be necessary to prove and establish any claim you make.
Gather and Collect Information
After you’ve taken care of the report and injuries, you can focus on dealing with documenting the accident. You’ll want to get everyone’s names, contact information, and insurance information. Be sure to take pictures and videos of the situation and talk to witnesses.
If the accident happened while you were riding in an Uber, you should report it to Uber via the Uber app or Uber customer service if you or anyone else was injured. They have a section on the app where you can report accidents at the end of your ride.
Contact a Fort Myers Uber Accident Lawyer’s Office
Following an accident involving an Uber driver, your top priority should be to recover from the ordeal. An Uber accident lawyer can obtain and collect important documents and assist you with the insurance claims process. Your Uber accident lawyer can go over the details of your accident with you and help you build a strong case in your favor.
Allow the attorneys at the Law Offices of Anidjar & Levine to fight on your behalf for the compensation you deserve. We don’t get paid unless you do. Call us for a free consultation today.
We Can Help.