Rideshare services or Transport Network Companies (TNC) such as Lyft and Uber are convenient for traveling around Pompano Beach. However, while their drivers must avoid endangering themselves, their passengers, and others around them, costly accidents can still happen.
However, if you were a victim of a rideshare accident in Pompano Beach, you could seek recovery for your losses. First, let us look at the various relevant laws in your incident and how the Pompano Beach personal lawyers at the Law Offices of Anidjar & Levine could assist with taking legal action.
PIP Coverage As Your First Recovery Option After Your Rideshare Accident
While your personal injury lawyer can help you gather evidence of the rideshare driver’s fault, it does not mean you can sue the driver right away. Florida Statutes § 627.736 states that you must utilize your Personal Injury Protection or PIP insurance first. PIP pays for injury-related expenses such as hospital bills and lost wages. It can also cover funeral and burial costs if a loved one dies in the crash.
Keep in mind that PIP only compensates for economic damages. To secure non-economic damages like pain and suffering or disfigurement, you would have to file a lawsuit against the at-fault rideshare service or driver. That means your condition would have to be severe enough to qualify under Florida Statutes § 627.737.
However, if you only want to file for auto repair and other property-related damages, you could proceed with a third-party claim regardless of your injuries.
How Liability Coverage Works in Rideshare Insurance Claims
All rideshare services operating in Florida must provide injury and property damage liability coverage to their drivers as mandated in Florida Statutes § 627.748. If the rideshare driver caused a car accident, the coverage would help shoulder their victims’ related expenses. However, liability coverage will only kick in depending on the driver’s status during the collision, such as:
- The driver logged off the rideshare app:The driver’s personal auto insurance policy will cover them, not the rideshare service.
- The driver is logged on the rideshare app but has no trips:The rideshare service must provide minimum liability coverage of $50,000 for injuries/deaths per person, $100,000 for injuries/deaths per accident, and $25,000 for property damages.
- The driver is picking up passengers or currently on a trip:The rideshare service’s minimum liability coverage must increase to $1,000,000 per accident. The amount will cover both the victim’s injury and property damage-related costs.
Your rideshare accident lawyer can help you compile records of your expenses, such as medical and auto repair bills. This will help estimate the settlement amount you can demand from the other party. Our Pompano Beach team can also file the liability claim with the insurer and negotiate for you if you do not agree with their initial offers.
When To Consider A Rideshare Accident Case
Your lawyer could suggest filing a lawsuit if the claim does not work out for you. The rideshare driver might not have liability coverage, as this is not required for motorists. Another scenario is that they do have said coverage, but it cannot cover all your expenses.
Since your crash happened in Pompano Beach, you must bring the lawsuit to Broward County’s civil court. After filing a lawsuit, the court would analyze your case using evidence from your side and the driver’s. They will decide your settlement amount, not the at-fault party’s insurance provider.
Other Laws To Consider In Your Pompano Beach Rideshare Accident Crash
You might not be aware of all the legal influences on your case. However, our team can walk you through some common situations that pertain to car accidents in Florida. Some of these include:
Comparative Fault Can Reduce Your Recoverable Damages
Before filing, you could have your rideshare accident lawyer review all your statements and evidence first. They can check for inconsistencies and other weaknesses in your arguments that could increase the fault placed on you.
Due to Florida Statutes § 768.81, your recoverable damages could decrease if the court or insurance provider finds you partially responsible for the rideshare accident. For example, you might be 40 percent at fault for going slightly over the speed limit. Meanwhile, the rideshare driver is 60 percent liable for not yielding when they should have. That means you would only recover 60 percent of your losses.
However, unlike in states that use a modified comparative fault rule, you could still receive damages even if you are over 50 percent at fault. So, you would not be completely barred from recovery. Of course, that would also mean you could be liable if the rideshare driver sues you.
Statute of Limitations for Rideshare Accident Cases
Florida Statutes § 95.11 states that you must file your Pompano Beach rideshare accident lawsuit within four years. The time limit is the same for both injury and property damage cases. While four years seems like enough time to build a case, it would still be best to get started sooner to avoid missing the deadline. Late submissions will automatically be dismissed, barring you from recovery.
Your lawyer’s assistance with tasks involved in your case can be helpful. We can check for applicable tolling exceptions in your lawsuit. These special instances can move your deadline by stopping the statute timer or increasing the number of years in your time limit.
For example, one exception is if the rideshare driver fled to another state or country. In this case, the statute clock would only resume counting when they return to Florida.
Our Rideshare Accident Attorneys Are Here For You
Recovering after a rideshare accident can be distressing, but the Law Offices of Anidjar & Levine are always open for consultation. Our Pompano Beach lawyers have years of experience working with clients throughout Florida on various injury and accident cases.
Besides auto accidents, we also handle practice areas such as medical malpractice, workers’ compensation, and premises liability. We are available 24/7 for your legal concerns and other inquiries. Call us or contact us through this website, and we can assess your case shortly.
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