The rideshare industry is booming. Through the use of the Uber smartphone app, rideshares provide quicker and cheaper rides throughout every major city in the United States than traditional transportation options. According to data from PolicyAdvice, 25% of Americans use Uber or Lyft at least once per month. Unfortunately, accidents do happen. Ride Sharing vehicles like Uber and Lyft are not always as safe as they should be. Passengers and others may be at risk.
At Bernheim Kelley Battista, LLC, our Fort Lauderdale Uber accident lawyers fight for results for injured victims and their families. As experienced ridesharing accident attorneys, we also handle Lyft accident claims in Fort Lauderdale. If you have any questions about your legal rights or legal options, we are here to help. Call us today or connect with us online to set up your free, no-obligation consultation with a personal injury lawyer in Fort Lauderdale.
Were you involved in a crash as an Uber passenger in Fort Lauderdale? It is crucial that you take immediate action to protect your rights and interests. Here are four key steps to take to protect your health, safety, and ability to bring a legal claim:
Ridesharing vehicles are everywhere in Fort Lauderdale. It is almost impossible to avoid Uber cars on today’s roads. The simple math of it is that more ridesharing vehicles mean more ridesharing accidents. Here is what you need to do if an Uber hits your vehicle:
Uber drivers involved in collisions have two different sets of requirements. To start, all drivers—including Uber drivers—must comply with Florida law. Among other things, this means stopping their vehicle, exchanging information, and reporting all injuries or major property damage collisions to law enforcement.
Uber also puts corporate rules on its ridesharing drivers. Uber emphasizes that drivers involved in collisions must first ensure that all parties are safe. Next, Uber states that drivers are obligated to comply with all state and local traffic regulations. Finally, Uber requires their drivers to use the proper form to report the collision to the company promptly.
If an Uber driver hits a pedestrian, the pedestrian has important legal rights. Florida’s no-fault auto insurance laws apply to pedestrian collisions—meaning a minor or moderate pedestrian collision may be handled through a no-fault claim—either through the pedestrian’s own insurer, the driver’s individual insurance coverage, or Uber’s commercial policy.
If the driver was actually driving for Uber at the time of the pedestrian collision, the accident might fall under Uber’s contingent policy (no passengers) or Uber’s commercial policy (passengers). In Florida, injured pedestrians can step outside of the no-fault insurance system if they sustained serious injuries in their crash.
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Uber accident claims can be complicated. Uber vehicles—which are each driver’s personal car—are generally covered by several different insurance policies. Which policy applies depends on the “rideshare period” that the vehicle was in. Here are the three rideshare periods:
The policy limits depend on the nature of the accident. If the Uber driver was not actually working for the company at the time of the crash, then the claim is subject to their personal individual policy limits. On the other end of the spectrum, Uber’s commercial $1 million policy limit always applies if there were ridesharing passengers within the vehicle at the time of the crash.
Yes. There is a law in place that requires these drivers to be insured. Uber insures its drivers, but the drivers must also have their own insurance. The problem is that if a driver is underinsured, or has lapsed insurance, an accident victim may find that they struggle to receive their full amount of damages.
It depends. Uber can be sued for an accident if its driver was at-fault for a crash while actively working for the company—meaning they were either looking for passengers or already accepted a passenger. However, in Florida, car accident victims can only bring a fault-based claim (or car accident lawsuit) if they sustained a serious injury in a crash.
Florida is a no-fault auto accident state. The rules apply to Uber accidents and Lyft accidents too. Florida Highway Safety and Motor Vehicles (FLHSMV) states that all motorists in the state are required to obtain a minimum of $10,000 in Personal Injury Protection (PIP) insurance coverage. PIP insurance is no-fault. It would cover a person’s injuries if they sustained minor or moderate harm.
In Florida, injured victims have a right to pursue compensation for their damages. With very limited exceptions, a car accident injury settlement or car accident injury verdict is meant to be purely compensatory in nature—meaning the victim’s recovery is tied to their actual losses. Damages in an Uber accident claim fit into two broad categories:
There is no specialized statute of limitations for Uber accidents or Lyft accidents in Florida. If you were hurt as a ridesharing passenger, occupant of another vehicle, or pedestrian, your claim is governed by the standard statute of limitations for motor vehicle accident claims. Under Florida law (Florida Statutes § 95.11), you have four years from the date of an Uber crash to file a fault-based personal injury claim.
However, in practice, you need to take action far before that deadline. To start, Florida has no-fault motor vehicle accidents. Among other things, the law requires injured victims to notify insurers in a reasonably timely manner. The best thing that you can do after a serious Uber accident is to consult with an experienced Fort Lauderdale ridesharing crash attorney as soon as possible. Your lawyer will protect your rights and interests.
Florida is a no-fault state for motor vehicle collisions. For a minor crash, each party’s own no-fault insurance coverage is the liability for the initial injuries. If an Uber passenger does not have no-fault coverage—perhaps because they do not drive—their initial claim can go through Uber’s no-fault insurance coverage.
Fault-based personal injury claims are allowed when a person sustains a serious injury. Under Florida law (Florida Statutes § 768.81), fault-based car accident claims are determined through the comparative negligence standard. Each party will be held liable for their assigned share of the blame for the collision.
Technically speaking, both Uber and Lyft have significant discretion about who is allowed to be on their platform. As a passenger, occupant of another vehicle, or pedestrian, it is extremely unlikely that you will lose access to the platform because you filed a claim. If you are an Uber driver who was involved in a collision, it is possible that the company may deactivate your account if it deems you to be at fault for the crash and unreasonably unsafe for its customers.
The major ridesharing companies and their commercial insurance carriers are big businesses. They are driven to protect their own bottom line—not to do what is best for you and your family. A lawyer will even the playing field and ensure that your rights and interests are protected every step of the way. If you have been hurt in an accident caused by an Uber driver, speak with an Uber accident attorney about your rights and options for recovering compensation. The Uber car accident lawyers at BK Law will aggressively advocate for you if you suffer injuries as a result of riding in an Uber private car. Contact us today for a free case review.
Being involved in a serious car crash is stressful and overwhelming. As ridesharing is still a relatively new and somewhat complex transportation option, it is normal to be even more confused in these cases. You do not have to go up against Uber, Lyft, or their commercial insurers alone. At Bernheim Kelley Battista LLC, we are devoted to helping the injured get real justice. Among other things, our Fort Lauderdale ridesharing accident lawyers are ready to:
At Bernheim Kelley Battista , LLC, our Fort Lauderdale car accident lawyers have the skills and experience to handle all types of ridesharing accident claims. If you were hurt in an Uber accident or a Lyft accident, we are more than ready to help. Contact us today to schedule your free, fully confidential initial appointment with a lawyer. With a law office in Fort Lauderdale, we handle ridesharing accident claims in Broward County and throughout South Florida.
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