Rideshare companies like Uber and Lyft offer a convenient way for Miami residents and tourists alike to travel from South Beach to Little Havana to everywhere in between. However, when rideshare vehicles are involved in accidents, seeking compensation for your injuries can be tricky.
It may help to have a Miami rideshare accident lawyer on your side. Our attorneys can determine liability for your crash and file a claim with the appropriate insurance provider. We will fight for a fair settlement for your medical bills, lost wages, and more.
Vehicle Accidents Have Increased With the Advent of Rideshare Services
According to US News & World Report, rideshare drivers have made more than 11 billion trips in the United States since entering the market in 2011. While the number of drunk driving accidents has decreased during that time, the total number of accidents has gone up. There are several reasons why ridesharing may lead to more vehicle collisions:
- More cars on the road – More rideshare vehicles means more cars on the street. While choosing rideshare over drinking and driving is a responsible decision, it does nothing to decrease the number of overall miles traveled. Additionally, the money-making opportunities presented by Uber and Lyft contribute to more motorists on the road to make a living.
- Technology creates a distraction – Rideshare drivers use an app to locate riders and GPS to navigate around Miami. Even when devices are hands-free, this can create a driving distraction that can lead to an accident.
- Pedestrians are vulnerable at pick up and drop off – Rideshare drivers have to pick up their passengers near storefronts, sidewalks, and other heavily-populated areas. This poses a risk for pedestrians.
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Rideshare Accident Liability
Determining liability for a rideshare accident can be complicated. Depending on the circumstances of your crash, an Uber or Lyft driver may bear responsibility, or the fault could rest with a third-party motorist. Financial obligation can also vary based on whether the rideshare driver was on duty at the time of the collision.
The Uber or Lyft Driver Is At Fault
If your rideshare driver behaved recklessly or negligently behind the wheel, they may be financially liable for your accident. You can pursue a claim with their insurance provider, but the applicable policy will depend on whether the driver was on duty.
If the driver was not on duty, you would file your claim with their personal insurance provider. However, if they were on duty, policies provided by Uber and Lyft may cover your damages. Coverage is as follows:
- When the app is on/waiting for a ride request
- $50,000 per person/$1000,000 per accident in bodily injury liability coverage
- $24,000 in property damage liability
- When in route or transporting passengers
- $1 million in liability
- Uninsured/underinsured motorist bodily injury or first-party injury insurance
- Contingent comprehensive and collision up to the actual cash value of the car ($2,500 deductible)
These coverage amounts are the same as those established by Florida Statutes § 627.748. Coverage applies whether you were injured while riding in an Uber or Lyft or as a passenger in another vehicle hit by an Uber or Lyft.
Keep in mind that rideshare drivers are independent contractors, not employees. This means that Uber and Lyft are not vicariously liable for a driver’s negligence. Therefore, while you can file an insurance claim with the rideshare companies’ policies, it is very difficult to sue Uber or Lyft.
A Third-Party Driver Caused Your Crash
If you were in an accident involving a rideshare vehicle and another motorist, you can seek compensation from the third party if they caused the accident. Your options for recovering damages include filing an insurance claim or pursuing a personal injury lawsuit.
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Personal Injury Protection and Rideshare Insurance Coverage
According to Florida Statutes § 627.736, Florida drivers must carry a minimum of $10,000 in personal injury protection insurance (PIP) to pay for car accident injuries, regardless of fault. Therefore, if you are a Florida resident with PIP, you must turn to these benefits first. If you sustained a severe injury or treatment costs exceed your PIP, you may also pursue an insurance claim or lawsuit against the at-fault driver.
However, if you are visiting Miami from a state that does not require PIP, your only option for recovering damages is to seek an insurance settlement with the liable driver or file a personal injury lawsuit.
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Miami Car Accident Damages
After our attorneys pinpoint liability for your accident, we can seek compensation from the at-fault party and the correct insurance provider. Damages may include:
- Emergency medical transportation
- Emergency room bills
- Doctor and hospital fees
- Physical therapy and rehabilitation
- Lifecare expenses
- Lost income
- Future lost wages, benefits, and earnings
- Vehicle repairs
- Physical pain and suffering
- Emotional and mental anguish
- Loss of enjoyment of life
- Wrongful death compensation if your loved one was in a fatal collision
Many rideshare accident cases settle through insurance. However, if we must go to court to get the awards you need, we will. However, you must file your personal injury case within four years and a wrongful death action within two years, according to Florida Statutes § 95.11. The clock starts at the time of your accident or your loved one’s death
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Our Rideshare Accident Lawyers Are Here for You
A Miami rideshare accident lawyer with the Law Offices of Anidjar & Levine can handle every detail of your case. We will:
- Draft and file your claim or suit
- Investigate your accident and collect evidence proving liability
- Calculate your damages
- Fight for you during negotiations
- Communicate with insurance companies on your behalf
- Provide you with regular case updates
- Represent you in court if needed
Call the Law Offices of Anidjar & Levine
Our firm works on contingency, meaning our fee comes from your successful settlement or verdict. We only collect our payment from a potential settlement or verdict. To learn more, call our offices today for a free consultation.
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