If you have been seriously injured or a loved one has been tragically killed in a rideshare accident in Florida, filing a claim could be an important step in the recovery process. Like everything else, medical care is growing increasingly expensive, and losing your (or your loved one’s) income could add to the financial strain resulting from the accident.
In Florida, serious accident victims and their families can seek just compensation for their non-financial losses as well. These include losses such as emotional trauma, pain and suffering, loss of consortium and companionship, and loss of enjoyment of life. While no amount of money may ever be able to truly replace what you have lost, seeking the full compensation you deserve after a rideshare accident can help provide much-needed financial stability for the future.
What Victims and Families Need to Know After Rideshare Accidents in Florida
Fundamentally, filing a claim for a rideshare accident is similar to filing a claim for any other type of auto accident in Florida. However, there are some unique considerations involved, and, in some cases, additional sources of financial compensation will be available. With this in mind, here is an overview of what drivers, passengers, and their family members need to know:
Rideshare Drivers
If you were seriously injured in an accident while driving for Uber or Lyft, your situation is largely the same as it would be after an accident during your own personal time. If the accident was your fault, you can seek coverage under your personal injury protection (PIP) policy. PIP is “no fault” auto insurance that is mandatory in Florida. If you have collision coverage, you may be able to file a collision claim to cover the costs of repairing or replacing your car as well.
If the accident was not your fault, your options depend on the severity of your injuries. If your injuries are relatively minor, you may still be limited to filing for PIP and collision coverage with your insurer. But, if your injuries qualify as “significant” or “permanent” under Florida law, you are entitled to file a fault-based claim outside of PIP; and, in this scenario, your options may include:
- Filing a claim under the other driver’s auto insurance policy;
- Filing a claim with the other driver’s employer (if the driver was working at the time of the crash); and/or,
- Filing a claim with another third party (i.e., a vehicle manufacturer or road construction contractor) that is liable for your injuries.
Depending on the circumstances involved in your accident, you may also be entitled to insurance coverage through your rideshare company. Uber and Lyft both provide coverage for their drivers in certain limited circumstances. When you hire a personal injury lawyer to represent you, your lawyer will be able to identify all viable claims he or she can file on your behalf.
Your personal injury lawyer will also be able to help with matters such as gathering the evidence needed to prove liability and dealing with any accusations of partial fault. Filing a successful claim after a rideshare accident isn’t easy, so it is important to have an experienced lawyer on your side.
Rideshare Passengers
If you were seriously injured while riding in an Uber or Lyft in Florida, you have the right to hold the at-fault party fully accountable. In most cases, seeking just compensation as a rideshare passenger involves filing an insurance claim as well. While individual circumstances vary, generally speaking, rideshare passengers’ options for seeking just compensation after an accident include:
- Filing a Claim with the Rideshare Driver’s Insurance Company – If your Uber or Lyft driver was at fault in the accident, you should be able to file a claim with the driver’s insurance company. All rideshare drivers are required to carry liability insurance under Florida law.
- Filing a Claim with the Other Driver’s Insurance Company – If the other driver was at fault in the accident, you can file a claim with the other driver’s insurance company provided the driver has coverage available. Non-rideshare drivers are not required to carry liability insurance in Florida. However, many people opt to pay for this coverage, and your personal injury lawyer will be able to determine if filing a claim with the other driver’s insurance company is an option in your case.
- Filing a Claim with Uber’s or Lyft’s Insurance Company – If your rideshare driver was at fault in the accident and you cannot fully recover your losses under his or her insurance policy, you may be able to seek additional coverage from Uber’s or Lyft’s insurance company. Both of the major rideshare companies carry liability insurance that applies when their drivers are responsible for riders’ accident-related medical bills, lost wages, pain and suffering, and other losses.
Similar to rideshare drivers, rideshare passengers can also file claims against other drivers’ employers, vehicle manufacturers, road construction contractors, and other third parties that are liable for their injuries. If you have any type of third-party claim as a result of your accident, you can (and should) rely on an experienced personal injury lawyer to fight for the maximum compensation that is available to you under the circumstances at hand.
If you have auto insurance, filing a claim with your insurance company may also be an option. Even if you weren’t driving, you can still take advantage of your PIP coverage; and, if you have uninsured/underinsured motorist (UIM) coverage, you can use this coverage after a rideshare accident (if necessary) as well. While this probably won’t be necessary if the rideshare driver was at fault, filing a UIM claim could be your best, and potentially only, option if another driver is responsible for your injuries.
Other Drivers and Passengers
Other drivers and passengers have essentially the same legal rights as rideshare passengers in Uber and Lyft accident cases. If you have auto insurance, you can file a PIP claim and/or a UIM claim if necessary. You can also seek to hold any and all parties that are legally responsible for your significant or permanent injuries fully accountable—including (but not limited to):
- The rideshare driver
- The rideshare company (i.e., Uber or Lyft)
- Another driver involved in a multi-vehicle accident
- A road construction contractor
- A vehicle manufacturer or dealership
- Another driver’s employer
- Another third party that deserves to be held accountable
As with any other type of auto accident, determining what claim (or claims) you are eligible to file requires a comprehensive investigation—and it is important that this investigation takes place as soon as possible. Once you hire a personal injury lawyer to represent you, your lawyer will be able to send an investigator to the scene of the crash, communicate with the police, and take any and all other steps that are necessary to determine who (or what company) is liable for your financial and non-financial losses.
Grieving Family Members
For grieving family members, seeking justice after a rideshare accident also involves identifying all parties that deserve to be held accountable. Rideshare drivers, rideshare companies, other drivers and their insurance companies, vehicle manufacturers, and various other parties can all be held accountable for fatal rideshare accidents in appropriate cases.
If you have lost a loved one in a fatal accident, we know that you have lots of priorities, and we know that you are facing lots of extremely difficult challenges. Our lawyers can explain everything you need to know about taking legal action for your loved one’s fatal rideshare accident, and then we can fight for justice on your family’s behalf while you focus on coping with your tragic loss.
5 Important Steps to Take if You Have a Claim for a Rideshare Accident in Florida
With this information in mind, what should you do if you are facing the consequences of a serious or fatal rideshare accident in Florida? In this scenario, it will be important for you to:
1. Talk to a Lawyer as Soon as Possible
To ensure that you are able to protect your legal rights and avoid mistakes that could jeopardize your financial recovery, you should talk to a lawyer as soon as possible. Hiring a lawyer to help you file a claim after a rideshare accident should not cost you anything out of pocket. You should be able to schedule a free initial consultation right away, and you should only incur legal fees if your claim is successful (in which case your legal fees will be deducted from your settlement or verdict).
2. Keep as Much Documentation as Possible
From your copy of the police report (if you have one) to your (or your loved one’s) medical records, you should do your best to keep as much documentation as possible. The more documentation you can provide to your lawyer, the easier it will be for your lawyer to provide an accurate assessment of your legal rights during your free initial consultation.
3. Be Very Careful if You Talk to the Insurance Companies
If you talk to the insurance companies after your (or your loved one’s) rideshare accident, you will need to be very careful. You do not want to say anything that they might be able to use against you. Once you hire a lawyer to represent you, your lawyer will be able to deal with the insurance companies on your behalf.
4. Avoid Posting About the Accident on Social Media
No matter how tempting it may be, you should avoid the temptation to post about the accident on social media. The insurance companies (and the rideshare company) might be watching, and they will take advantage of any opportunity to use your social media posts against you. The time to tell your story will come; and, if you need to notify your friends or family about what happened, your lawyer can assist you with crafting a post that won’t create problems for your insurance claim (or claims).
5. Be Prepared to Discuss Your Case with Your Lawyer When Necessary
Once you hire a personal injury or wrongful death lawyer to represent you, you should be prepared to discuss your case with your lawyer when necessary. While your lawyer will be able to handle the majority of the process on your behalf, there will be times when your lawyer needs to speak with you. By making yourself available when needed, and by ensuring that you are making thoughtful and informed decisions, you can help give your lawyer the best chance of successfully pursuing justice on your behalf.
Need Help After a Rideshare Accident in Florida? Contact Silva & Silva for a Free, No-Obligation Consultation Today
Do you need to know more about filing a claim for a rideshare accident in Florida? If so, we strongly encourage you to contact us for a free, no-obligation consultation today. Call us at 305-445-0011 or contact us online to speak with an experienced lawyer at Silva & Silva in confidence as soon as possible.