In Miami, residents and tourists alike make liberal use of ridesharing services like Lyft. Although these transportation services offer simple and affordable travel options, you face a risk each time you set foot in one.
Florida does not require rideshare services to comply with the same rules and regulations as taxicab drivers and companies, primarily because rideshare drivers operate as independent contractors. Nevertheless, Lyft must provide liability insurance coverage to compensate victims who sustain injuries due to driver negligence.
A rideshare accident lawyer in Miami, FL, can help you fight for the fair financial compensation you deserve if you suffered serious injuries in an accident involving a rideshare vehicle. The Miami car accident lawyers at the Law Offices of Anidjar & Levine assist clients who sustained injuries in Lyft crashes in Miami. We can help you pursue a financial settlement for your injuries, lost wages, and pain and suffering. We’re ready to offer a free consultation.
How do I Recover Compensation After a Lyft Accident in Miami?
After any car accident in Florida, you must file a claim with your personal injury protection (PIP) policy. State law mandates PIP policies to provide at least $10,000 in coverage for medical expenses, lost wages, and death benefits. If you suffered minor injuries, your PIP policy will provide compensation regardless of who was at fault for the crash.
However, $10,000 is a relatively low amount. After all, Healthcare.gov reports that a few days in the hospital could cost $30,000. If your bills are large, we can explore alternatives for covering your expenses and losses. That includes determining if the rideshare company or driver could be held responsible for the accident.
How Do I Get Additional Damages?
The reason you go through your own insurance’s PIP coverage is, in theory, to allow you to access the compensation you need quickly. Unfortunately, those same laws restrict who can access certain damages, such as pain and suffering.
However, if you meet the state’s serious injury threshold, you can seek additional compensation from the at-fault driver’s insurance company. Outlined in Florida Statute § 627.737, serious injuries are ones that cause:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Significant and permanent scarring or disfigurement
Ironically, cases involving serious injuries can result in the other parties putting up the toughest fight. While it may seem like your serious injuries are hard to argue with, you may find yourself and your experiences belittled because the other side has more to lose.
If you suffered serious injuries in a rideshare crash in Miami, having one of our Lyft collision attorneys on your team can bolster your defenses against such attacks. Furthermore, we don’t just fight against your case being undervalued, but also argue for you to receive the appropriate level of damages.
Determining Who’s at Fault in a Rideshare Accident Case
Identifying the at-fault party requires proving negligence. In a Lyft crash case, the same legal standard applies. However, because of the complex relationship between Lyft and its drivers, we must consider other legal implications:
- If you sustained injuries as a Lyft passenger, the company’s commercial insurance policy should cover your injuries, as long as the driver was at fault.
- If another driver struck your Lyft vehicle, you will likely need to file a car insurance claim with that driver’s insurance company.
- If an off-duty Lyft driver caused your injuries, your claim will likely have to go through the driver’s insurance policy.
- If the driver was en route to pick up a fare, Lyft’s policy likely applies—as long as they had the Lyft app running for guidance.
As you can see, pursuing a fair settlement for your injuries can become a complex proposition in these cases. Lyft itself employs several tactics to avoid being held accountable, pushing liability on their drivers, who are independent contractors. For that reason, you should consider seeking assistance from an attorney.
We offer comprehensive legal assistance for victims of injury accidents involving rideshare companies like Lyft. If you suffered serious injuries in your crash, we can identify the at-fault party and pursue a financial settlement on your behalf.
The Rideshare Could Be Just One Component of Your Case
It’s possible that your collision involved more factors than just you and the rideshare. For instance, was there road construction? Did it seem like some equipment failed in your vehicle or the other party’s? Were other drivers involved?
We consider these variables in your case to identify other possible liable parties. This can be especially helpful if your expenses are high, Lyft avoids responsibility, and the negligent driver’s insurance coverage is limited. In that case, we can also file a claim or lawsuit with another party, such as an auto parts manufacturer who made faulty equipment or a government entity that failed to maintain a roadway.
You may not even have the full information about your crash yet, especially if you are entangled in a back-and-forth with Lyft, a Lyft driver, or an insurance representative. Our team can take over this part of the investigation while also handling the Lyft aspect.
How Much Is My Lyft Accident Claim Worth?
You likely have the right to pursue a financial settlement for your injuries, lost wages, and pain and suffering. You may also have a valid basis to seek compensation for any future medical care you will require and future lost wages. Damages could also include:
- Lost work benefits
- Reduced earning ability
- Lost commissions or sales
- Changed quality of life
- Car repair or replacement
- Other property damage
You may have other unique losses that we can include in your claim or lawsuit. The Law Offices of Anidjar & Levine offer a personalized approach to our clients, both in determining your eligible damages and pursuing them.
How does a Rideshare Collision Attorney Calculate a Claim?
To calculate the dollar value of the injuries listed in your claim, we will assemble:
- Medical bills you have accrued
- Receipts for out-of-pocket expenses
- Testimony from experts
We will compile information related to any of your treatment to date. We will also document your lost wages using information from your employer, pay stubs, and other relevant supporting documents.
To document your projected future costs as well as determine other damages you could receive, we will collect information from your doctors and medical providers and potentially obtain testimony from medical experts. For instance, a psychologist can illustrate how your symptoms are consistent with a PTSD diagnosis, warranting further financial and medical support for you in the future.
If you cannot return to work for a period of time, or if you developed a long-term or permanent disability, we will calculate the value of your future lost wages and opportunities. Again, experts can testify for you in this area, including economists and actuaries. Finally, we will calculate your pain and suffering and evaluate any physical or functional losses you sustained
What Will a Lyft Accident Lawyer Do to Help Me?
We will protect your legal rights and pursue the financial compensation you deserve for your injuries. We will make sure you get the medical care and treatment you need, putting you on the road to healing and getting back to work.
Our team will:
- Gather relevant evidence and testimony
- Assemble your insurance claim
- Submit it to the insurance company
- Negotiate on your behalf to obtain a fair settlement offer
- Explain all terms and options to you
If the insurance company fails to offer a reasonable settlement, we can file a Miami personal injury lawsuit to resolve your case.
It is important to remember that the insurance company and its lawyers may not have your best interests at heart. Instead, many insurers endeavor to minimize the claims they must pay out. The insurer in your case may attempt to get you to sign a waiver or try to deny your car accident claim.
Our legal team will protect you from these attempts, but it is critical that you do not give a statement or sign any documents without first talking to us.
How Will a Lawyer Prove Fault and Liability for a Lyft Accident?
Establishing liability for a Lyft accident requires an in-depth knowledge of the Florida statutes and careful documentation of the incident. As with any personal injury claim, we must demonstrate that your case involved the four legal elements of negligence to establish fault and liability:
- Duty of care
- Breach of duty
- Actual damages
For example, a Lyft driver owes a duty of care to passengers and the public. This requires that they obey traffic laws and operate their vehicle safely at all times. If a driver fails to heed the speed limit or texts behind the wheel, they breach that duty of care. If they cause an accident as a result of this breach, they have liability for any damages they cause.
The final element we must prove is actual damages. We will assemble and provide documentation regarding your treatment costs, lost wages, future care costs and income loss, and pain and suffering.
We Can Start On Your Case Without Any Upfront Fees From You
Our legal team will handle your case on a contingency basis. This means you don’t have to pay us upfront for our services. In fact, we don’t get paid unless we recover financial compensation for you. If we do win your case, our agreed-upon fee will be a percentage of your award. This arrangement allows us to start on your case right away.
It is important to pursue your Miami Lyft accident as soon as possible. As part of our investigation, we will review the evidence and speak with accident witnesses who can confirm your version of events. As mentioned earlier, we may consult with expert witnesses who can give a professional opinion that supports your case, as well.
Florida Limits the Time You Have to Sue After a Miami Lyft Accident
We want to give your case the time and attention it deserves. However, if you are planning to sue for damages, Florida law puts your case filing on a timetable.
Per Florida Statutes § 95.11(3)(a), we have four years from the accident date to pursue legal action against the liable party. If you are filing a wrongful death action, we have two years, per Florida Statutes § 95.11(4)(d). Missing your case’s deadline means you will risk losing your right to seek compensation for your Miami Lyft accident.
Moreover, the statute of limitations isn’t just a deadline, but time we can use productively. The following are all parts of your case that we can handle before even considering a lawsuit:
- Preserving crucial physical evidence
- Talking to witnesses while their memory is fresh
- Investigating the circumstances of your accident
- Identifying other possible liable parties
- Understanding the full extent of your injuries
- Determining how your injuries will affect you in the future
- Reviewing and negotiating settlement offers
We will advise you of the timeline and whether any exceptions to the law apply to your case. Generally, the sooner you reach out to us, the sooner we can start working for you. You should seek to hold the liable party accountable for your injuries and losses. You don’t have to risk losing your right to pursue action.
Hear What Others Say About Working With Us
Our legal team aims to help every client recover as fully as possible after suffering injuries and losses in an accident. We care about the people we serve, and our attorneys are proud of the sentiments past clients have shared with us. Here’s a sampling of what past clients have said about our services:
- “Anidjar & Levine is a great law firm. They gave us a free consultation over the phone and we were able to resolve our case easily. Evans was most friendly, honest and sincere with our case and I would highly recommend this law firm to those struggling with finding the right law firm. Keep up the good work guys!” – Kharmen W.
- “What unbelievable professionalism. If you have to hire an attorney to represent you during a difficult time, there is no other choice than Anidjar and Levine. Everyone I dealt with was great. Special thanks to Jonathan Holtz.” – Scott S.
Consult With a Lyft Accident Lawyer in Miami Today at No Cost
The Law Offices of Anidjar & Levine understand how frightening and confusing it can be to deal with an injury accident. When your crash involves the complicated legal aspects of ridesharing, it can become overwhelming. We will take care of everything for you. Our tea will update you regularly throughout your case, and you will even get your attorney’s phone number so that you can reach us at any time.
We offer free case evaluations for clients who sustained injuries in a Lyft accident in Miami. Contact us to learn how we can assist you in getting the financial compensation you deserve for your injuries.
We Can Help.