Florida Rideshare Accident Attorney
Have you been injured in a Florida rideshare accident?
Whether you were a ridesharing passenger, ridesharing driver or the driver or a passenger in the other vehicle, if you were injured in a ridesharing accident that was not your fault, you deserve to be compensated.
Before you lose your rights, you should contact a Florida rideshare accident lawyer to discuss your case.
Ridesharing using services have become part of the American culture. It’s so popular that approximately 25% of Americans use ride-sharing at least once a month. When we are talking about ridesharing in the United States, we are basically talking about Uber and Lyft, which control 99% of the market.
In fact, up to 14% of the miles traveled in the US by passengers of Uber and Lyft. When covering that many miles, as with any other kind of vehicle, you know there are going to be accidents.
Many Florida residents use Uber and Lyft to go to school, to work, to the grocery store, and to restaurants or friends’ homes. Rideshare is also very popular with Florida’s tourists, who often use rideshare as their primary mode of transportation.
But this growth in ridesharing brings with it legal complexities. When there is a motor vehicle accident involving an Uber, who is responsible if someone is injured? Uber drivers aren’t employees after all, so can ridesharing companies be held responsible?
Can I Collect from the Rideshare Driver’s Personal Insurance?
There are a lot of parties involved in a Florida ridesharing accident. If the Uber driver is at fault, you can try to sue them, but it’s unlikely you’ll collect from their personal insurance. Even though Uber and Lyft require their drivers to have personal insurance, the driver’s personal insurance won’t cover accidents that happen when the driver is logged into the rideshare app for transport, that is, on the way to pick up a passenger or transporting them.
The exception in certain cases is if the rideshare driver has commercial insurance or took out their own rideshare insurance. They rarely do.
However, the possibilities with the driver’s personal insurance must be exhausted before you can collect from their rideshare insurance.
Can I Collect from the Insurance the Driver Has through Uber or Lyft?
Assigned or Transporting a Passenger
If the personal insurance of the rideshare driver does not apply (usually the case) or is inadequate, then you can look to the company who insured them for the transportation network company (TNC).
The TNC’s full insurance is in force once the driver has been assigned a passenger and is on the way to pick them up. Under Florida law, rideshare companies must provide their drivers with a minimum of $1 million per accident in liability insurance coverage during the period the driver is transporting a passenger or on the way to pick one up.
And you need not be a rideshare passenger or in the other vehicle if the rideshare driver is at fault. For example, if you are crossing the street and a rideshare driver runs a light and hits you during a time period they have been assigned a passenger or are transporting one, you may be able to sue and seek damages under the rideshare company’s $1 million liability insurance plan.
App Active but Not Yet Assigned a Passenger
If a rideshare driver has the app on, perhaps to look for potential passengers, insurance coverage requirements are reduced. The rideshare company must provide minimum coverage of $50,000 for bodily injury coverage per person, $100,000 for bodily injury coverage per accident and $25,000 for property damage liability coverage per accident.
Can I Sue Uber or Lyft Directly for a Florida Rideshare Accident if Insurance Is Not Enough?
Ridesharing is on the forefront of the gig economy. Since rideshare drivers are freelancers rather than employees of the company, the company in most cases may not be held liable for their negligence. In other words, vicarious liability rules are not applicable.
If you want to sue Uber or Lyft, you will need to show that the company itself was negligent not just the driver. Some possibilities might be that the ridesharing company didn’t do a proper background check that would have shown the driver had a history of driving while intoxicated. Or maybe they didn’t inspect the driver’s car which would have revealed safety hazards. But barring negligence on the company’s part, you probably won’t get anywhere suing them.
What if the Uber Driver Was Not at Fault in the Florida Rideshare Accident?
Of course, in many accidents involving rideshare drivers, they are not at fault.
In that case, if you are injured, you would try to recover our damages from the driver who was at fault. Normally this would start by making a claim against their insurance company, but barring that bearing fruit, it could mean suing them in a personal injury lawsuit.
But people don’t always follow the rules, and sometimes you may be faced with an uninsured or inadequately insured driver.
The good news is that Uber and Lyft carry uninsured/underinsured insurance coverage for the sake of their passengers. This only kicks in If it’s impossible to collect from the driver who was actually at fault. The parameters for this insurance are stricter, and it’s only in force during the time period the rideshare driver is transporting a passenger.
Call Us for a Free Consultation
If you or a family member has suffered bodily injury in a Florida rideshare accident, you need a good Florida rideshare accident lawyer.
Whether you need an Uber accident lawyer or a Lyft accident lawyer, call the experienced attorneys at Ziegler Diamond Law for a free consultation as soon as you can. Don’t wait and risk losing your rights.
We will evaluate your case and discuss your options with you.
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