How Do You Determine Who Is Responsible for an Uber or Lyft Passenger’s Injuries?
If you speak to most Florida car accident lawyers, they will often have interesting stories about specific automobile accident cases, in which it was challenging to determine the complete liability picture or the causation between the type of impact and the injuries complained of, and then amazed at the amount of monetary compensation that they were able to recover for their clients. There are various reasons why the best attorneys in Florida can face even more obstacles in cases that involve clients who were injured as passengers in Rideshare vehicles, including Umber, Lyft, etc.).
Why Are Ridesharing Cases Confusing?
The reason why ridesharing vehicles, such as Uber & Lyft auto accident cases, pose additional obstacles for lawyers and their clients is because the courts and the legislature had not determined enough guidelines. Until recently, it had not been determined whether Uber and/or Lyft entities were deemed to be employees or contractors. That also means that the Uber and Lyft drivers were not defined as either independent contractors or employees until recently as well. Florida has a no-fault system.
Meaning, if a Floridian owns a vehicle for which security is required, their own insurance company must generally pay their medical bills, regardless of who is at fault. No fault coverage, often referred to as PIP coverage, pays for the first $10,000 of medical expenses, lost wages, plus an additional $5000 for funeral/burial expenses, subject to the deductible that each owner of a vehicle carries. Additionally, much has changed since 1971, when No Fault Law first came into existence in Florida.
Insurance Policies and Ridesharing Companies
Automobile insurance premiums have only risen, time and time again, since 1971. However, PIP Insurance Coverage, which used to pay 80% of medical bills submitted and 60% of lost wages submitted, has actually taken many steps backward. The best Pip Insurers will generally pay less for the medical care that is received by an injured automobile accident victim today than in 1971.
The laws in Florida regarding Uber & Lyft cases can present a web of obstacles and potential complications for particular lawyers. That is why it is most important that Floridians use the services of a top Uber, Lyft, and Rideshare accident attorney. While there are many general negligence lawyers in Florida, the experienced lawyers are often thorough, up to date as to new laws, and they understand how & when each insurance coverage applies.
The attorneys and legal teams in Schrier Law Group have been successfully handling rideshare cases for both drivers and passengers since Uber first began doing business in Florida.
There are distinctions to be made for various scenarios, and lawsuits may have to be filed against certain insurers when the right insurer denies coverage and refuses to honor the driver’s or the passenger’s coverage under their insurance policy. One of the main issues that determine which insurance must provide coverage often centers around whether the Uber or Lyft driver was on the clock and driving a fare or the driver was driving their vehicle, but not actually on the clock for providing Uber or Lyft services.
At Schrier Law Group, it bothers us when we learn that the right insurer has denied its obligations to provide coverage, whether under the Uber or Lyft drivers policy or under the policy of the entities, Uber or Lyft. There are many wrongful denials of insurance coverage involved in the handling of Uber, Lyft, and other Ridesharing accident crash cases. The right Florida car crash lawyer must be able to assist Uber & Lyft injured accident victims.
Understanding Florida’s No-Fault Rules & Uber Accidents
Suppose you are a passenger and you are involved in an Uber accident because another driver is careless (other than the rideshare driver). In that case, you will most likely be able to recover monetary damages from the at-fault driver’s insurance.
If the careless, other driver is underinsured or does not have insurance, you may have to rely on your own Personal Injury Protection (PIP) insurance. It covers a percentage of your medical expenses and potentially other economic damages.
Since Florida is a “No-Fault State,” all motor vehicle owners must have at least $10,000 of PIP insurance coverage. Uber passengers are not required to have PIP insurance, but if they do, they may be eligible for PIP benefits under their own policy.
Additionally, the “at fault” driver’s insurance (if they have insurance) must pay 20% of the approved and authorized PIP amounts paid to the victim, as well as all “reasonable, related, and medically necessary bills” for the damages not covered by PIP insurance.
What If the Uber Driver Is at Fault?
If you are an Uber passenger involved in an accident and the Uber driver is at fault, Uber’s insurance may cover accident-related expenses up to $1 million. However, if the Uber driver isn’t logged into the app when the accident occurs (and you are still their passenger), you must seek damages from their personal insurance coverage.
What Damages Can I Recover After an Uber Accident?
If your Uber driver causes an accident that leads to injuries, you may be eligible to seek damages for many reasons. These reasons include, but are not limited to:
- Healthcare costs: hospital bills, physician appointments, medication costs, physical rehabilitation, etc.
- Lost income: income lost due to missed work or decreased wages due to injuries caused by the car accident.
- Pain and Suffering: decreased quality of life, mental health damages, ongoing physical pain, etc., resulting from the accident.
- Loss of a loved one: the anguish, loss of companionship, decreased income caused by the death of a loved one due to an Uber accident.
It’s important to note that it’s not always easy to get the compensation you deserve after an Uber-related accident. That’s why it’s essential to work with an Uber car accident lawyer who won’t stop until you get maximum compensation for your injuries.
What Steps Should I Take After an Uber Car Accident?
Uber & Lyft are multibillion-dollar companies with unlimited resources at their disposal. With that in mind, it can still be challenging to get the compensation that you deserve after suffering injuries in an Uber accident. Listed below are a few steps that you should take immediately after a collision occurs and you are injured.
- Seek immediate medical attention
- File a police report
- Collect insurance and contact information from all parties involved
- Take videos and photos of the scene and your injuries
- Contact an Uber car accident lawyer as soon as possible
By following these steps, you will be helping your own case go smoothly by providing your car accident attorney with important evidence to build a strong case on your behalf. The better the evidence, the more likely your lawyer will be in a position to negotiate the most money possible for your injuries.
Contact a Florida Car Accident Lawyer Today
If you were injured in an Uber accident, the car accident lawyers at Schrier Law Group can help you get the money you deserve. We’ve helped countless clients recover more than 500 Million Dollars in damages over many years. Why not you?
Recovering the most money possible for our clients is one of our daily goals. You should not have to think twice or worry about who will pay for your medical bills, lost wages, future loss of income, pain & suffering, or the other monetary damages available to an injured accident victim. When you hire Schrier and the lawyers at Schrier Law Group, you are securing peace of mind that you will have a skilled Florida Rideshare accident attorney handling your case.
Have you suffered injuries as a passenger in an Uber or Lyft vehicle? If so, it’s in your best interest to consult with an experienced car accident lawyer as soon as possible. All too often, Uber, Lyft, and other ride-sharing passengers have been assaulted, raped & killed by Uber Lyft and other Ridesharing entities drivers. By the same token, these tragic occurrences also have occurred way too often to the drivers of Uber and Lyft vehicles.
If you or a loved one is physically assaulted or even tragically killed because of the unthinkable actions of an Uber, Lyft, or other Ridesharing driver, Schrier Law Group can help because we know that many of the hiring processes and background checks have often left too many stones unturned. The attorneys at Schrier Law Group handle cases. We can often bring a case against the Ridesharing companies for either the negligent hiring of a driver or for negligent retention of a driver who was not fired after they already showed a propensity to commit violent or horrific acts.
Our attorneys at Schrier Law Group have aggressively and compassionately represented car accident victims for more than 45 years. We can do the same for you. Contact us today to learn how we can help you get the most compensation possible for your case.