Thanks to the explosion in popularity of rideshare companies, there are more of these drivers in Naples than ever before. You could have suffered injuries in a car accident with an Uber or Lyft driver in this southwest Florida city. If so, you could be entitled to monetary compensation.
Because of the relationship Uber and Lyft have with their drivers, there are some important differences in how these accident cases play out compared to most situations. Our Naples Uber and Lyft rideshare accident lawyers can help you pursue the compensation you need after your collision.
What Can Rideshare Accident Victims Receive?
At the Law Offices of Anidjar & Levine, our Naples personal injury lawyers analyze each case individually to assess what expenses and losses are eligible for compensation. In your case, that could include:
- Payment for past and future medical expenses
- Lost income like salary, wages, or commissions
- Pain and suffering and inconvenience
- Mental anguish and emotional distress
- Reduced ability to earn income
- Loss of enjoyment of life
Compensation is customized to each accident victim. For example, not all burns are alike in severity or placement. If you suffered a burn on your face, you not only endured the pain of the injury, but you are also dealing with the psychological issues of being left prominently disfigured.
While everyone deserves to receive compensation for the physical and emotional pain they suffered in an accident, we pursue specificity in your compensation to address particular issues you are facing. There is no set amount for rideshare cases. Instead, we identify an amount that targets your unique struggles.
Florida’s Serious Injury Requirements
Potentially complicating the pursuit of damages in any Naples motor vehicle accident is Florida’s restrictions on compensation. Because you can receive some benefits through your own insurance for basic costs, you may not be able to pursue additional damages unless you suffered serious injuries.
According to Florida Statute § 627.737, serious injuries include:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Significant and permanent scarring
- Significant and permanent disfigurement
- Wrongful death
If you aren’t sure if your injuries fall under these categories, our rideshare accident team can help. Don’t let your injuries be dismissed by insurance adjusters or negligent parties; remember, they are focused on paying the lowest amount possible. We are focused on getting you the maximum amount and will work to accurately rate your injuries.
Who Can I Sue After a Naples Uber or Lyft Accident?
One way that your Uber or Lyft accident will not differ from any other vehicle collision is that you have the right to pursue legal action against the other driver. You could pursue a lawsuit against the liable party if their negligence was responsible for the accident. This is true regardless of whether the other party was a rideshare operator or not.
The same is not the case for Uber or Lyft themselves. State law does not allow you to file a negligence lawsuit directly against the rideshare company. This is because the law treats rideshare drivers as independent contractors, not employees.
If these drivers were employed by Uber or Lyft, you might be able to pursue legal action against the companies in some cases.
Why You Are Unable to Sue Uber and Lyft
Both Uber and Lyft hold themselves out as platforms that connect passengers with rideshare drivers. For that reason, there are no grounds to pursue a negligence claim against the company.
The inability to sue Uber or Lyft directly might seem inconvenient at first. However, state law requires these companies to carry substantial insurance policies that could cover your damages in many circumstances. In that way, you could still hold the companies responsible for your injuries.
Other Parties That Can Be Held Liable
The Uber or Lyft driver may not have been the only party involved in the accident. Multi-vehicle crashes can result in contradictory accounts provided by other parties involved as they try to avoid accountability. Our rideshare attorneys investigate the many facets of your crash to identify everyone involved. That could include:
- Other drivers
- Private property owners
- Construction companies
- Government entities
- Auto part manufacturers
- Car maintenance shops
As you can imagine, this will depend on the circumstances of your accident. For instance, if poor road maintenance contributed to the crash, we will investigate whether a government entity or private property owner failed in their duty to maintain safe premises. In the same vein, if safety failures at a construction site played a role, the company may be liable.
Motor vehicle crashes are rarely due to one single cause. Choices made by other parties could have played a role. This is also why Florida often assigns a percentage of fault to the parties involved in an accident. Each party’s damages are reduced by their percentage of fault.
We work to ensure not only that you are not blamed unnecessarily for your part in the crash, but also that all contributing parties are held liable for their part in causing your injuries.
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How State Insurance Requirements Could Work in Your Favor
Pursuing an insurance claim against Uber or Lyft is often the best option for a person injured in a collision. While these insurance policies are often robust, it is important to remember that they are typically secondary to the driver’s insurance coverage.
This means you will need to pursue a claim against the negligent driver and exhaust their policy before Uber or Lyft are likely to pay anything on your claim.
State law requires rideshare companies to carry large insurance policies for their drivers, but the level of coverage mandated varies depending on the circumstances.
Off-Duty
Drivers that are not using the app to seek passengers and are not currently transporting a rider are considered off-duty. For these drivers, Uber and Lyft do not provide any coverage. The drivers’ own insurance coverage will need to be used.
Seeking Passengers
The insurance coverage offered by Uber or Lyft kicks in when a rideshare operator activates their mobile app and begins looking for passengers. In this situation, the company must provide:
- $50,000 for bodily injuries per person
- $100,000 for bodily injuries per accident
- $25,000 for property damage per accident
Transporting Passengers
Uber and Lyft offer the full amount of policy benefits when a driver is actively transporting a passenger to their destination. When a passenger is in the vehicle, the state requires rideshare companies to offer at least $1 million for bodily injury and property damage coverage.
These policies will also include coverage for uninsured motorists in case the at-fault driver lacked a liability policy.
Can the Passenger of an Uber or Lyft Pursue an Insurance Claim?
The insurance coverage provided by Uber and Lyft is not limited to other motorists. If you were injured while traveling as a passenger in a rideshare vehicle, you could also file a claim against the company’s insurance policy. Unlike with other people, this could be your primary option for seeking compensation for your injuries.
In fact, passengers could face a simplified process for securing benefits following a crash compared to another driver. While the Uber or Lyft operator could point their finger at the other driver in an effort to shift the blame for the accident, there is little chance of that happening with a passenger.
The major issue for a passenger injured in a rideshare accident is ensuring that they are pursuing policy benefits from the appropriate insurance company. At the Law Offices of Anidjar & Levine, we can help you with that.
Our Attorneys Could Help You with Your Case
When you put your trust in the hands of the Law Offices of Anidjar & Levine, there are many ways our attorneys could help you with your case. Our team will pursue the compensation you deserve while providing you with the compassionate legal care you deserve.
Our team is familiar with pursuing compensation for injury victims. We understand what to look for during the course of an investigation and will review every aspect of your accident.
Our firm will always approach your case with you in mind. We will work tirelessly to resolve your case through a favorable settlement agreement. These efforts will start as soon as we take up your case. We can take the stress of a lawsuit off your shoulders so that you could focus on your medical care.
Responsive Legal Care Is the Name of the Game
Above all, the goal of the Law Offices of Anidjar & Levine is to provide responsive legal representation. You will have your attorney’s direct number and can reach out any time you have a question.
We will:
- Answer your questions as they arise
- Return your calls in a timely manner
- Keep you informed during every step of your case.
We know your case is important, and your lawyer will always treat it with the attention it deserves.
You Could Recover Compensation Following a Collier County Rideshare Accident
Whether you were a passenger inside a rideshare vehicle or you were struck by a negligent Uber or Lyft driver, you could be entitled to compensation for your injuries. You have the right to pursue a lawsuit against the driver after a crash. However, an insurance claim with Uber or Lyft might represent your best chance to secure fair compensation for your injuries.
If you are ready to get started with your case, let the Law Offices of Anidjar & Levine help. Call for a free consultation.
