If your Uber driver gets into an accident in Florida, Uber may be responsible for your damages. Before you pursue your damages, however, please get medical attention right away. The symptoms of some injuries, such as whiplash or a concussion, can take several hours to appear. You could have internal injuries that show up only in a medical exam or scan. Please see your doctor or healthcare provider, and then follow their recommendations.
After you have taken care of your medical needs, you should consider working with a Miami rideshare accident lawyer from our firm. You may be entitled to compensation from the driver, Uber, or another third party who is responsible or partially responsible for the accident. We can discuss your accident and legal options during a free consultation.
Uber Might Cover Your Injuries and Other Damages
Rideshare companies, like Uber and Lyft, must carry liability insurance to cover bodily injuries and property damage. Uber has a $1 million liability insurance policy for eligible passengers, motorists, pedestrians, bicyclists, and motorcycle riders. You should be aware that this $1 million liability insurance applies only when an Uber driver is on the Uber app and carrying passengers.
If a driver is on the app but has no passengers, the driver’s personal insurance and company policies may cover anyone involved in an accident. If someone was involved in an accident with an Uber driver who was using his or her vehicle for personal use–a driver who was not on the app and not carrying passengers–only the driver’s personal insurance would apply.
A Florida accident lawyer from our firm can explain all this in greater detail.
Florida Liability Law and Uber Accidents
Florida is one of a handful of states with a “no-fault” car insurance statute per Florida Statues § 627.736. Florida law requires all motorists to carry personal injury and liability insurance. The “no-fault” clause means that your auto insurance policy pays the first $10,000 in medical bills.
However, there are exceptions if you are a licensed and insured Florida driver injured as an Uber passenger. Florida’s liability laws are complex. You deserve to know your rights, including your right to seek compensation for an Uber accident in Florida. An Uber and Lyft accident lawyer in Florida can explain if you are entitled to pursue compensation from the at-fault party in your case.
Potential Compensation If Your Uber Driver Gets Into an Accident in Florida
Accidents involving an Uber driver can be serious. Depending on your injuries, you might need surgery or extended treatment. If you cannot work during this time, you might be facing a mountain of medical bills and other accident-related expenses with no income. You may be able to recover these damages, but only if you or a lawyer from our firm can establish negligence in your case.
Like other motor vehicle accidents, Uber accidents are usually caused by negligence. Negligence occurs when someone fails to show the care necessary to protect another person from unreasonable harm. Maybe your Uber driver was texting while driving, trying to line up the next passenger. Whatever the cause of the accident, your Uber driver may not have upheld an expected duty of care to drive safely and responsibly.
Proving Negligence
If your Uber driver acted negligently, you’ll have to prove it. In addition to showing that the driver owed you a duty of care but breached it, you will have to show that the driver’s negligence caused an accident that left you with compensatory damages.
Your evidence will have to line up with your case for negligence against the driver. Our lawyers can help you collect evidence, establish negligence, and build your case.
Recoverable Damages in Your Uber Accident Case
You may be entitled to seek compensation for these damages:
- The cost of emergency room services
- Hospitalization costs
- Surgery costs
- Other medical expenses, such as the costs of tests, prescription drugs, and/or medical equipment
- Lifecare costs
- Lost pay
- Temporary or permanent disability
- Disfigurement
- Pain and suffering
Your individual injuries and expenses may be different from those. As Uber and Lyft accident lawyers in Florida, our team believes reckless drivers should be held accountable.
How You Could Recover Compensation
We do not recommend that you try to deal with the driver’s insurance provider on your own, whether it is a personal auto policy provider or Uber’s liability coverage provider. Instead, you should consult with our firm. Our lawyers will pursue compensation if you qualify for it, and you will pay no fees unless we are successful.
An Uber and Lyft accident lawyer from our firm will assess your injuries, other damages, and expected prognosis. This information will be included in a detailed claim or lawsuit. Your lawyer can also:
- Review police reports and witness statements and collect helpful details from them
- Request the Uber driver’s safety, training, and driving records
- Ask your healthcare provider for a medical report and a prognosis for your claim or lawsuit
- Look at photos, videos, and other evidence from the accident scene
- Communicate with the insurance adjuster
- Negotiate for a settlement or a court verdict
- Review the terms and conditions of an insurance settlement
A Lawyer Can Manage Your Case’s Potential Complications
Pursuing compensation after an Uber accident isn’t easy. However, when you partner with a personal injury lawyer from our firm, they can manage each of your case’s challenges. Without legal help, you may face:
- A denial of your claim. Uber may deny liability, hoping that you’ll drop the case and pay for your losses out of your pocket.
- A delay in the processing of your claim. After filing your claim, you should receive a decision in a timely manner. If not, the insurance company could be delaying your case, again, hoping that you’ll drop it.
- A low offer. You deserve compensation for each of your injury-related losses. Yet, the insurance company may offer less than you need. In that situation, your lawyer can use compelling evidence to negotiate a fair deal.
Steps to Take If Your Uber Got into an Accident in Florida
Following your collision, you’ll want to do everything possible to secure your right to compensation. In addition to considering legal aid, we recommend that you:
File a Police Report
If the police came to the accident scene, then they likely filled out an accident report. This document details your collision, including who was involved, where the accident happened, and whether an ambulance came.
However, if the police didn’t come to the accident scene (or didn’t fill out a police report), you’re required to report the incident yourself. By law, you must do this if the accident involved:
- Death, injury, or any complaint of discomfort
- A vehicle being towed from the scene
- A commercial vehicle
The police report is a crucial piece of evidence for both claims adjusters and your legal team. The more information you have to support your case, the more likely your case is to succeed.
Receive Treatment for Your Injuries
If you were injured in the accident, seek medical treatment as soon as possible. This benefits you in the following ways:
- You prevent your condition from getting worse. Some conditions, like whiplash, take days to manifest. Prompt medical care can prevent your condition from worsening or evolving into a life-changing ailment.
- You secure documentation to support your case. You want to show both Uber and the liable insurance company that you suffered harm in a collision. Proof that you sought medical attention is one detail that could bolster your claim.
- It ties your injuries to the incident. Insurance companies don’t always negotiate in good faith. For instance, the insurer in your case may claim your injuries came from something else, not the rideshare accident. Your medical records could show a definitive link between the collision and your condition.
Also, to receive benefits from personal injury protection (PIP) insurance, you must see a doctor within 14 days of your accident, per Florida Statutes § 627.736.
Refrain from Posting about the Accident on Social Media
After getting hurt, you may want to share your experience online. However, anything you share publicly could hurt your case’s outcome. Only you and your lawyer should know about your case’s intimate details.
What Happens If My Uber Is in an Accident?
If you’re an Uber driver and you get into an accident, may be able to guide you through the crash reporting and claims processes. Your private insurer may cover you, instead.
What Happens If You Get into an Accident With an Uber Driver?
You may be a non-Uber driver. If you get into an accident with an Uber driver, you are eligible for financial compensation just like you would be after any other collision caused by someone else. You have every right to recover damages, but the legal implications of your case can be complicated.
First, if you were hit by an Uber driver, the driver’s insurance company may deny your claim because the car was being used for commercial purposes. Secondly, if the Uber driver was carrying liability insurance purchased through the company, you would have to file your claim through the provider of that insurance.
If you want to sue Uber itself for the collision, again, legal matters can be complex. The company can state that the driver was an independent contractor and say the company is not responsible for the driver’s actions or behavior. To get the compensation you need to cover your accident-related damages, you may want to consider working with one of our firm’s car accident lawyers who can provide guidance and more clarity.
What to Do After an Accident With an Uber Driver
It’s important to try to remain calm after an accident so you can proceed with a clear head. The things you do and say may directly impact the outcome of your case, so it’s important that you do not make any decisions you could regret later.
Some measures that can work to your benefit include:
- Filing a police report (This may be necessary under Florida Statutes § 316.066)
- Seeking medical attention (This may be necessary under Florida Statutes § 627.736 in order to get the benefits of personal injury protection insurance)
Florida’s Statute of Limitations in an Uber Accident Case
Although we’ll do our part in getting your compensation promptly, we cannot tell you how long it will take to reach a settlement. It is important to remember that you generally have four years from the date of your accident or discovery of injury to file a personal injury lawsuit per Florida Statutes § 95.11(3)(a). This deadline is two years per Florida Statutes § 95.11(4)(d) if you are filing for the loss of a loved one. It takes time to prepare a case for trial, which we’ll have to do if we are unable to reach an acceptable insurance settlement.
Failing to meet the deadline outlined in the Florida Statutes will put your case at risk of being dismissed. If this happens, you won’t have another opportunity to seek compensation for your injuries and other losses.
Call Us for a Free Case Evaluation Today
One of our Uber and Lyft accident lawyers in Florida can work on your case on a contingency-fee basis. In this arrangement, you will not owe attorney’s fees unless we are able to obtain compensation for you. We don’t get paid unless you do. To request a free consultation and to learn more about our legal care, contact the Law Offices of Anidjar & Levine today to prevent any further delay.
