Just like any other motorist, Uber drivers should be cautious on the road to avoid harming others. Unfortunately, costly accidents can still happen—no matter how carefully you drive. If you are injured in an Uber accident in Gainesville, FL, understand how to have your expenses covered.
Our Gainesville Uber accident lawyers know the relevant statutes and rules related to Uber car accidents. Our personal injury team can guide you through seeking recovery after your incident.
PIP Insurance: Your Primary Recovery Option After Uber Accidents
Under Florida Statutes § 627.736, Florida is a no fault state when it comes to auto accident injuries. So, you must first use your mandatory personal injury protection (PIP) insurance if you got hurt in the crash.
PIP will help pay for the expenses arising from your injuries, such as medical bills or lost wages. In addition, if someone else in your family got injured in the accident, the coverage can shoulder their expenses too.
If passengers were in your car during the Uber accident, PIP could also help pay for their expenses. However, remember that personal injury protection will only help cover your actual expenses. You cannot recover compensation for non-economic damages such as trauma or loss of consortium this way. On the other hand, PIP will pay for you regardless of who is liable for the Uber accident.
Insurance Requirements For Uber Drivers In Gainesville
Florida Statutes § 627.748 requires all Florida ridesharing services, including Uber, to provide liability insurance for their drivers. Liability coverage helps pay for the crash victim’s injury and property damage expenses if the policyholder causes an accident. Moreover, it may also pay for non-economic damages.
If you meet any of the conditions stipulated in Florida Statutes § 627.737, you would be able to file an injury liability claim with the Uber driver’s auto insurance provider or with Uber itself. The party you will bring the liability claim to depends on the Uber driver’s status during the accident.
Your Uber accident lawyer can work with you in gathering evidence such as dash cam or surveillance footage. They can also check which Florida traffic laws or Gainesville city ordinances the Uber driver violated, further proving their fault in the crash. The attorney can also help you compile the records of your expenses to help estimate your claim’s value.
When The Driver Is Logged On Uber Without Prearranged Rides
Uber must provide the following liability coverage limits for the driver if they are logged on the app but have not accepted any rides yet:
- $50,000 for injuries or death per person
- $100,000 for injuries and deaths per accident
- $25,000 property damage liability
When The Driver Is En Route To A Passenger Or Engaged In A Trip
If the Uber driver was transporting a passenger or on their way to pick one up, then Uber would have to increase the liability coverage by $1,000,000 per accident. This covers injuries, deaths, and property damage.
When The Driver Is Off-Duty
However, if the driver is not logged into the Uber app, they would be considered off-duty. That means their personal auto insurance policy will come into play instead. However, injury liability coverage is not required for motorists here. So, you might have to search for other options to get your expenses covered if you have already exhausted your PIP limits.
Should You Consider An Uber Accident Lawsuit?
Your lawyer could advise you to proceed with an accident lawsuit if the liability insurance limits are not enough to cover all your damages. You could also file the case if the driver does not have injury liability coverage or if they harmed you on purpose, such as via road rage. Insurance companies typically do not cover accidents caused by intentional behavior.
Since the Uber accident happened here in Gainesville, you have to file the lawsuit at the Alachua County Courthouse. The civil court will review the incident and determine how much you could recover, not Uber or the driver’s insurance provider. The Uber accident attorney can serve as your court representative until the case settles.
Should the other party propose settling the dispute through arbitration, your lawyer could still speak on your behalf.
Filing Deadlines For Gainesville Uber Accident Actions
Your Uber accident case follows the statute of limitations imposed by Florida Statutes § 95.11. So, you must file the lawsuit within four years if you suffered injuries or property damage.
However, you would only have up to two years to file if you sue on behalf of a deceased loved one. Your accident lawyer can monitor your progress to help ensure you file on time.
Your lawyer can also look into possible tolling exceptions in your Gainesville accident case. These can extend or suspend the statute of limitations, giving you more time to file the suit. For instance, if you are supposed to sue an Uber driver that flew to another state, the statute clock would pause until the driver returns to Florida.
Comparative Fault Applies In Third-Party Uber Accident Claims And Lawsuits
A successful Gainesville Uber accident action could help you recover damages for your financial losses and the pain and suffering you endured. However, it does not guarantee that you can get the full settlement amount. Due to Florida Statutes § 768.81, you might get a deduction if the court or claims adjuster finds you partly liable for the Uber accident.
For instance, if the court rules that you are 30 percent at fault for speeding while the Uber driver is 70 percent liable for running a red light, you would only get 70 percent of your total damages. Such a rule makes it beneficial to have your lawyer build and review your case to avoid errors.
Speak To Our Uber Accident Team About Your Gainesville Accident
With years of experience in Florida injury and accident law, the lawyers at Law Offices of Anidjar and Levine stand ready to assist with your Uber accident here in Gainesville. We can work with you throughout the settlement process.
Discuss your legal concerns today by calling us or using our live chat support. You can also obtain a free case review through the form on the website. Turn to our team if your Uber driver got into an accident.
We Can Help.