Transit services like Uber are becoming trendy in Florida and worldwide. Today, Uber is one of the majority’s favorite modes of transport in the United States. Furthermore, there are more than 750,000 active Uber drivers in the States.
Very few Americans are aware of the lawsuits involved in Uber accidents. Also, it has become a norm to incorporate confidentiality provisions into compensations which releases Uber from liability for bodily injury cases. In addition, the legal mandate guiding these services, the party at fault, and the liable party are yet to be concluded.
1. Ensure You Always Use Your Seatbelt Even if You Haven’t Been Involved in an Uber Accident in the Past
Suppose you were not using a seatbelt in the Uber and an accident happened. In that case, you may lose the ability to file for loss and recover damages. The State of Florida follows the rule of modified comparative fault. The modified comparative fault rule significantly reduces the claim for damages on the plaintiff – economic damages like medical bills and non-economical expenses like pain and suffering – by the weight of their fault. To this end, if you didn’t engage your seatbelt when the accident occurred, you are partially accountable for your injuries and may not be able to recover damages fully.
2. There is an Exception to the Modified Comparative Fault Rule
In the absence of a functional seatbelt in Uber, you may still be able to file for damages and have complete recovery. To counter any claim of negligence and guarantee full recovery, we recommend you work with an experienced Uber attorney.
3. The First and Most Important Thing to do if You are Involved in an Uber Accident is Call 911
As you await the arrival of the police and/or the medics, take photos of the surrounding perimeter, involved vehicles, traffic lights, signposts, and more. The more evidence you can collect, the better and easier it is to substantiate your claim if you file for one. Moreover, you can take notes or voice recordings of the circumstances that led to the incident, so you don’t leave out any details in the future.
4. Collect Information from Everyone Involved in the Accident
If you are a passenger in an Uber and an accident happens, be sure to collect basic information about the driver and everyone else involved in the accident. Similarly, if you are the driver, ensure you collect information from your passengers and others involved.
5. Watch What You Tell Anyone and Everyone
Never develop a story or narrative that paints you as responsible for the accident. In addition, you don’t have to apologize or tell anyone you didn’t see or perceive a road hazard ahead. In conclusion, don’t talk to witnesses or passengers about the accident and the scene.
6. Seek Immediate Medical Attention
Even when you are certain there is no need for medical assistance, do well to visit your doctor. If you delay medical care in this case and you file for any claims, you may not get the total amount. Also, suppose there is a duration between when the accident occurred till you received medical treatment. In that case, the Uber insurance company may assert that there were no injuries from the accident.
7. Be Conversant with Florida Law and Personal Injury Protection (PIP) Coverage
In the state of Florida, it is mandatory that drivers have Personal Injury Protection (PIP) insurance. To file a lawsuit under this circumstance, you must go for medical checkup in the first 14 days of the accident. Medical assistance may include emergency rooms, primary care physicians, and urgent care. This mostly applies to Uber Drivers.
If you are a commuter in an Uber accident, recovering from a PIP claim may be challenging. Florida excludes limos and taxis from Personal Injury Protection (PIP) coverage, so there is a chance your driver is not covered by PIP insurance. However, you can file against the driver’s insurance if another vehicle is involved.
8. Uber has a More Robust Insurance Coverage Limit than Regular Car Insurance Limits
Uber ensures their passengers against bodily injuries. Also, they provide Uninsured Motorist Insurance. The amount you get depends on if the accident was the fault of the Uber driver ($ 1 million) or another driver ($250,000). However, the circumstances and injuries obtained from the accident determine the number of damages you are entitled to.
Furthermore, if you are another driver involved in an Uber accident, your claims depend on if the Uber driver was on a trip or on his way to pick up a passenger. In this case, the insurance limit goes up to a million dollars from $100,000.
9. You Can’t Directly Sue Uber for an Accident
The only way to go about it is to file a lawsuit against the Uber driver or the insuring company, and this only works if the driver is at fault for the accident or you were a passenger in the ride at the time the crash happened. To this end, you need a reputable and experienced uber accident attorney to file and recover all claims.
10. Most Uber Accidents are Settled Out of Court
Working with an experienced uber accident attorney eases the entire settlement process and ensures you get full and fair compensation for damages incurred.
Bonus advice — Contact the Best Uber Accident Attorneys in Florida Now
Were you in an Uber accident? Ensure you go for a proper medical checkup as soon as possible, after which you must contact a reputable and reliable uber accident attorney. Call us at Schrier’s Law Group now.