If you suffered injuries in an Orlando ridesharing accident, you may be eligible to receive compensation for your losses. With an Orlando ridesharing accident lawyer from the Law Offices of Anidjar & Levine on your side, you can get assistance filing a claim with their insurance company to recover your damages.
We offer free consultations so you can find out more about your options and what your case is worth. We represent victims of both Uber and Lyft accidents.
In This Article
- How To Prove Fault in an Orlando Rideshare Accident Case
- Liability for Rideshare Accidents in Orlando
- How Shared Fault Could Impact Your Compensation in an Orlando, FL, Rideshare Accident Case
- How Rideshare Accident Claims Work
- How to Handle the Insurance Company
- Getting Compensated for Your Damages
- File Your Claim Before the Statute of Limitations Expires
- Hiring an Orlando Rideshare Accident Lawyer to Take on the Insurance Company
- Injured by Uber or Lyft in Florida? Our Orlando Rideshare Attorneys Can Help
For a free legal consultation with a ridesharing accidents lawyer serving Orlando, 800-747-3733
How to Prove Fault in an Orlando Rideshare Accident Case
Since the insurance company requires proof of your claim, you will need to provide evidence of fault and liability. Your attorney can obtain evidence of your claim from various sources, such as:
- Highway patrol official accident report, as required by Florida Statute §316.066
- Video footage or photos of the accident scene
- Eyewitness statements (passengers in the car, third-party motorists)
- Expert witness testimony
- Medical diagnosis and reports of your injuries
- Receipts and bills of all your accident-related expenses
We can gather all of the evidence and submit it to the insurance company for review. All the evidence that we provide may both establish liability and estimate the value of your claim.
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Liability for Rideshare Accidents in Orlando
When you’ve been seriously injured in a rideshare accident in Orlando, figuring out who is responsible for your injuries will be one of your attorney’s most important responsibilities.
The liable party will be responsible for compensating you for your damages accordingly. However, rideshare accidents can occur in a multitude of ways. Some of the more common causes of these collisions include:
- Distracted driving
- Drunk driving
- Drugged driving
- Drowsy driving
- Aggressive driving
- Reckless driving
- Dangerous road conditions
- Defective or malfunctioning motor vehicle parts
Your attorney will conduct an in-depth investigation into the cause of your rideshare accident to figure out who is at fault. In many cases, if the Uber or Lyft driver was engaging in unsafe driving practices, the driver and the rideshare service provider could share liability for your damages.
However, if dangerous road conditions or defective auto parts caused your accident, other parties could be responsible for your damages, such as:
- Government officials
- Motor vehicle dealerships
- Government agencies
- Maintenance technicians
- Safety inspectors
- Auto parts designers/distributors
To prove negligence, your attorney will need to show that the elements of negligence have been met as follows:
- Duty of care
- Breach of duty
The burden of proof in a rideshare accident claim is based on a preponderance of the evidence. This means your attorney will need to gather compelling evidence to prove that the defendant is more likely than not responsible for causing your injuries.
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How Shared Fault Could Impact Your Compensation in an Orlando, FL, Rideshare Accident Case
It is more common than you might think to be partially responsible for causing your rideshare accident injuries. In fact, many injury victims hesitate to contact a lawyer for help because they believe sharing fault will prevent them from recovering compensation for their damages.
However, Florida operates under a pure comparative negligence system. Here, if you are partly responsible for causing your injuries, you will not be prohibited from recovering compensation. In fact, you could share the majority of the faults for causing the accident and still recover damages for the fault that is not yours. Your injury settlement will need to be reduced to account for the shared liability.
For example, if you were fiddling with your navigation system when you were suddenly struck by a Lyft driver who was texting and driving, the judge may find you 35% responsible for causing your injuries. If the jury awarded you $100,000 for your damages, your injury settlement would be reduced by 35%. This would leave you with a rideshare accident injury settlement of $65,000.
Since sharing liability for your injuries can still have a significant impact on the outcome of your case, it is critical that you retain a legal advocate who will ensure liability is appropriately evaluated in your case.
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How Rideshare Accident Claims Work
There are multiple ways rideshare accident victims can recover the compensation they are entitled to. However, the two primary ways include filing a claim with the insurance company and filing a civil lawsuit against the liable party. Here is more about what you can expect at each of these stages of the claims process:
Filing a Rideshare Accident Insurance Claim
Following a rideshare accident, one of your first opportunities may be to file a claim with Uber or Lyft’s insurance company. These rideshare service providers often provide their affiliated drivers with $1 million auto insurance policies. However, these policies are only in effect during specific times. These include:
- When the driver is in driver mode
- When the driver is waiting to pick up a ride
- When the driver is transporting a ride
- When the driver is on their way to pick up a ride
If the accident occurred outside of these situations, the rideshare company’s auto insurance policy may not be in effect. Instead, the driver‘s personal auto insurance policy should be in effect.
However, you may not need to file a claim with the rideshare drivers insurance company, as Florida is a no-fault state for auto insurance purposes. You can learn more about what this means when you learn more about filing a claim with your own insurance company.
Filing a Claim With Your Own Insurer
Florida is a no-fault state for auto insurance purposes. This means you are required to carry personal injury protection (PIP) coverage as part of your own auto insurance policy. Then, when you were involved in an accident, you could file a claim with your own insurance company.
However, be warned. Filing a claim with your own insurance company comes with risk. Not only are you unlikely to recover your damages in full from the insurance company, but when you file a claim with your insurer, they are within their rights to increase the amount of your premium when your policy renews. For this reason, you should always be prepared to bring your case decor in addition to filing a claim with the insurance company.
Pursuing a Civil Rideshare Accident Lawsuit
Filing a civil lawsuit against the at-fault party may be one of the best ways for you to recover maximum compensation for your damages. In court, you have the chance to recover both economic damages and non-economic damages. In filing a claim with the insurance company, you may only be able to recover certain types and amounts of damages.
However, when you file a civil rideshare accident lawsuit, the court has the opportunity to award you compensation for every single way your life has been affected by your injuries. Although you may be intimidated by the thought of bringing your case to court, your attorney will be by your side, supporting your right to restitution for your suffering.
Getting Compensated for Your Damages
Both Uber and Lyft carry similar types of liability insurance to cover all accidents in which the rideshare driver was at fault. Per Florida Statute §627.748, the coverage is $100,000 per incident, depending on the circumstances of the accident.
Like any other personal injury case, the value of your claim depends on the nature of the accident, who is at fault, and the extent of your damages. Some of the damages you may be eligible to claim include:
Your Medical Debt
You may account for your medical expenses such as emergency care or surgical procedures, an extended stay in the hospital, rehabilitative services, ongoing doctor visits, and medication.
Lost Pay While You Were Out of Work
If your recovery takes several weeks or months, you may lose pay. You may account for your lost wages in your claim. Lost income may also include future earning capacity if you are disabled and can no longer work.
You may also account for non-economic damages such as severe pain and suffering, loss of quality of life, loss of consortium, physical impairment, or disfigurement. Your damages may include long-term expenses from a terminal condition.
Hiring an Orlando Rideshare Accident Lawyer to Take on the Insurance Company
It is not uncommon for Uber or Lyft’s insurance companies to deny claims outright or to offer a low settlement. You may encounter several challenges if you try to take on the insurance provider or a defense attorney on your own.
An Orlando ridesharing accident lawyer can represent you to negotiate a settlement with the insurer. Our law firm can manage your entire case while you are recovering from your injury. We can handle all the paperwork, correspond with all relevant parties, and provide all evidence necessary to build your case.
We are committed to helping you get fair compensation for all of your economic and non-economic damages.
Injured by Uber or Lyft in Florida? Our Orlando Rideshare Attorneys Can Help
If you suffered injuries in a rideshare accident, the Law Offices of Anidjar & Levine is ready to take on your case and help you receive fair compensation.
Call our law firm to get a free consultation. Our personal injury lawyers can help you get your case started.
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