South Florida Injury Lawyer Blog
Seeking compensation after being injured by an Uber or Lyft driver in Florida is similar to seeking compensation for any car accident, but the involvement of a rideshare company complicates things. There are many factors that affect who is liable and how much compensation you can seek, depending on the accident details. For this reason, it is best to contact an experienced personal injury lawyer as soon as possible after an accident.
Personal Insurance Protection (PIP)
After any car accident in Florida, drivers turn to their own insurance plans’ PIP coverage for the first $10,000 of medical expenses, regardless of who is at fault. There are factors and exclusions in the law, so the entire $10,000 may not be available in your particular case. After your personal insurance has covered as much as is allowable, you may then turn to other parties for further compensation.
Rideshare Insurance Policies
Uber and Lyft are among a number of rideshare companies, known as Transportation Network Companies (TNC). Their insurance arrangements are complex and their coverage depends on what the driver was doing at the time. Was the driver carrying a passenger (who was a customer) at the time? Was the driver heading to a pick-up or awaiting a fare (logged into the rideshare app)? Was the driver off-duty?
If the driver was carrying a paying passenger at the time of the accident and is found liable, the Uber or Lyft insurance policy would provide coverage, up to $1,000,000 for death, bodily injury, and property damage. If, however, the driver was on the way to the fare, Uber, Lyft, and other TNCs are only required to cover $50,000 for death and bodily injury per person. The law allows that these requirements may be met by the driver directly or by the TNC coverage. TNCs do require proof that drivers have personal coverage, but they do not necessarily confirm the amount of coverage they carry. If the driver was off-duty at the time of the accident, the TNC is not liable in any way. The driver’s own insurance would be responsible for compensation.
What You Should Do
Uber and Lyft have fought in courts to limit their liability. Their drivers are contractors, not employees, so they use this distinction to try to limit their financial responsibility. Fortunately, recent Florida legislation has increased TNCs’ responsibility in the case of accidents involving their drivers when on duty. However, these cases remain complicated.
If you have been in an accident of any kind, you must seek medical attention from an approved medical provider such as a doctor within 14 days or you will lose your right to PIP and possibly other compensation. Report the accident to your insurance company, but do not give a recorded statement until speaking to a lawyer. Reach out to a personal injury lawyer who has experience with car accident cases involving rideshares as soon as possible.
Contact me to help you get the compensation you deserve. You may receive compensation for medical bills, pain and suffering, lost wages, damage to property, and other expenses associated with the accident injuries. I investigate all aspects of your accident to determine all third parties who may be liable, determine appropriate compensation for your injuries, and guide you through the process of receiving sufficient compensation from all parties involved. I’m ready to go to court to fight for you, if necessary, and my reputation for winning in court means insurance companies are willing to negotiate fair settlements with me. Call me today at (954)448-7288 for help with your personal injury claim.