After an Uber or Lyft accident in Florida, it might be unclear who is liable. Is it the driver or the company? The most important step after any car accident is getting prompt medical attention. That’s because some injury symptoms might take time to appear. For example, if you have whiplash, concussions, or internal injuries, you may not know unless you get medical testing done.
After taking care of your medical needs, consider calling an Uber or Lyft accident lawyer. They can help you determine who is liable. Then, you might be entitled to seek compensation from the driver, Uber, Lyft, or a third party if they are responsible for the accident.
Table of Contents
Will Uber or Lyft Cover My Injuries and Other Damages?
Rideshare companies like Uber and Lyft are legally required to carry liability insurance to cover bodily injury and property damages. Uber has up to $1 million in liability coverage for eligible:
- And motorcycle riders
Uber’s liability insurance will only cover damages if the accident occurs while the Uber driver is on the clock, using the app, and transporting passengers.
If the driver is on the app but is not transporting passengers during the accident, their insurance and company insurance would be responsible for covering the damages. Furthermore, if the Uber driver is using their car for personal use and they were not using the app or carrying passengers, only their insurance would apply. Again, your attorney can help explain this in greater detail, according to your unique case circumstances.
Florida’s Liability Laws Regarding Uber and Lyft Accidents
Florida Statutes § 627.736 states that Florida is a “no-fault” insurance state. That means all drivers must carry personal injury and liability insurance. The minimum coverage for all drivers is $10,000. No fault does not mean that no one is liable after the accident. It just means that your insurance policy will cover up to $10,000 to cover medical bills, regardless of who is at fault. However, if you are injured as an Uber passenger, there are some exceptions. A knowledgeable Uber and Lyft Accident lawyer can review your case to determine who is liable. Consequently, you will clearly understand which party or insurance company to pursue for damage compensation.
Can I Seek Compensation After a Florida Uber or Lyft Accident?
Yes. If you were involved in a serious accident that caused injuries, you might be eligible to seek compensation. For example, suppose your injuries require surgery or extended treatment and your medical bills surpass your personal injury protection coverage. In that case, you may need to file a personal injury claim for additional compensation. Furthermore, you can recover those losses if you missed work due to your injuries and have other accident-related damages. The key is to determine liability for the accident.
Like most other car accidents, Uber and Lyft accidents are often caused by negligence. Negligence is when someone fails to take reasonable care to prevent harming others. If your Uber driver’s negligence caused the crash, they might be found liable.
If your driver’s negligence caused the accident, you would need evidence to prove that. In addition to proving their negligence, you need to prove that their negligence caused you preventable injuries. Thus, you have grounds to seek compensatory damages. An attorney can help you gather all relevant and necessary evidence to build a strong case.
Damages You Can Recover in Your Uber or Lyft Accident Case
After a Florida Uber or Lyft accident, you might be able to seek compensation for the following damages:
- All medical costs, including:
- Emergency room care
- Hospitalization expenses
- Cost of surgery necessary medical procedures
- Testing and diagnoses
- Prescription drugs
- Medical equipment
- Lost income
- Assistive care
- Physical therapy and rehab
- Any costs associated with permanent or temporary disability
- Pain and suffering
How Do I Recover Compensation after an Uber or Lyft Accident?
Rather than dealing with the driver’s insurance company or Uber’s insurance on your own, it’s best to enlist the help of a legal professional. Hiring a qualified and experienced car accident attorney will save you the hassle of dealing with insurance companies. They are not always pleasant or smooth encounters.
Your attorney can handle dealing with insurance companies on your behalf. That way, you can recover and focus on restoring your life. Some other ways your attorney can help you include:
- Gather essential evidence like the police report and witness statements
- Get the uber driver’s training and driving records
- Obtain your medical records and any documentation related to accident injuries
- Photos, videos, and other evidence from the accident scene
- Handle dealing with insurance companies and review the terms of a settlement
- Negotiating a fair settlement or award amount
A Florida Car Accident Lawyer Can Help You Manage Any Potential Claim Complications
The claims process is not always easy, but it can be smoother with the help of an experienced legal professional. Here are some potential challenges you might face when it is invaluable to have an experienced car accident lawyer to consult:
- If the insurance company denies your claim – Uber or the driver might deny liability to avoid paying you.
- If the insurance company delays your claim – insurance companies should give you a response punctually after you file a claim. If not, they might be intentionally delaying your case.
- If the insurance company offers you an unfairly low settlement offer – your attorney can help negotiate a fair deal. It’s common for insurance companies to lowball injury victims with an initial lowball offer.
Steps to Follow After an Uber or Lyft Accident in Florida
After the collision, you’ll want to take the right steps to protect your rights. Here are some essential steps to take after the accident.
File a Police Report
You should call the police after an accident. They will arrive on the scene and fill out an official accident report. The report will have details of the crash, who was involved, where, and when it happened.
If the police did not fill out an accident report, you should report the incident. Additionally, if the accident involved any of the following, you must legally report the incident to local law enforcement:
- Death or injury
- If a vehicle was towed from the scene
- If the collision involved a commercial vehicle
Police reports are a key evidence for your claim; insurance companies and your legal team will want a copy of this. The more evidence you have for your claim, the better.
Get Appropriate Treatment for Your Injuries
If you sustained injuries in the accident, get medical attention right away. First, this prevents any injuries from worsening. Without prompt medical treatment, a car accident injury could turn into a crippling or life-changing ailment.
Secondly, doing so will ensure you have medical documentation to support your claim. You’ll want to be able to prove to Uber or Lyft and the liable insurance company that you suffered harm due to the collision.
Furthermore, getting medical attention right away means you have documentation linking your injuries to the incident. Sadly, insurance companies don’t always operate in good faith. They might go as far as to say that your injuries are pre-existing or unrelated to the accident. Getting medical attention will fill the gap by creating hard evidence that ties your injury to the collision.
Lastly, to receive benefits from your PIP or personal injury protection coverage, you must have seen a doctor within fourteen days of the accident (Florida Statutes § 627.736).
Refrain From Posting About the Accident on Social Media
Many people use social media to update their friends and family on life events. However, this is an event you shouldn’t share until the claims process is over. Anything you share publicly could be used against you and potentially hurt your case outcome. Try to keep all details between you and your attorney until after the case gets resolved.
What Happened If I Got into an Accident With an Uber Driver?
So far, we’ve discussed what could happen if your Uber or Lyft gets into an accident. It’s possible that you were in another car and got into an accident with a rideshare car. Just as a passenger in the car can file a claim for damages, another injured driver could do so. You could recover damages if the Uber driver’s negligence caused the accident and your resulting injuries.
If the Uber driver has liability insurance through the company, you might need to file a claim with the company’s provider. If you file with the driver’s insurance company, they might deny your claim, asserting that the driver was using the car for work purposes. As you can see, filing a claim after an Uber or Lyft accident can become complicated.
Legal matters can get complex when it’s unclear who you can hold responsible for the accident. For example, Uber or Lyft might deny liability and say the driver was an independent contractor. Therefore, they are not vicariously liable for the driver’s negligence.
Remember that it’s important to stay calm after an accident. You’ll want to proceed with a clear head and take steps to protect your legal rights.
Florida’s Statute of Limitations in an Uber Accident Case
Our skilled attorneys will do everything to get you your compensation on time. However, there is no guarantee for how long it will take to settle. According to Florida Statutes § 95.11(3)(a), you only have four years to file a personal injury suit from the accident or discovery of injuries. If you lost a loved one, you have two years to take legal action (Florida Statutes § 95.11(4)(d).
As such, it’s best to find an experienced attorney who can start building your case right away. It takes time to gather evidence and negotiate with insurance companies. We can prepare to go to trial if necessary, but that also takes time.
Failure to take action within the statute of limitations means risking your case being dismissed. In addition, if you miss the deadline, you won’t have another chance to seek compensation for damages associated with this accident.
Contact a Florida Uber and Lyft Accident Attorney Today
We offer a free initial consultation, so call us today. We will review your case and answer any questions you have.
Then, we can decide on the best next move to get you a successful case outcome.