Uber & LYFT Car Accidents

HOW TO SUE UBER and LYFT in FLORIDA for PERSONAL INJURIES

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Getting hit by an UBER or LYFT or being injured while a passenger in a ridesharing car can be a life changing event.  If you have been involved in an accident with an UBER, LYFT or other ride sharing vehicle you may be entitled to money damages for your claim.  Call our Uber accident lawyers in Miami today for a free consultation

UBER'S POLICY

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As of 2013, Uber introduced a raft of new insurance guidelines intended to protect both the Uber drivers and their riders. Some of the most significant include:

Florida’s new ridesharing laws govern services like Uber and Lyft and other “prearranged ride” sharing applications and requires that the vehicles have a minimum insurance to cover you for your medical expenses, lost wages and pain and suffering. 

Florida law requires each driver must carry a minimum of $1 million of liability coverage, which includes bodily injury, property damage, and death benefits while on duty. If the Uber driver is off duty, they still need to maintain at least $50,000 in coverage on any personal car used for ridesharing.

This means that if you are a passenger in an UBER or you get hit by a ride share vehicle both the driver and the ride share app will be responsible to pay you for your injury under Florida’s new ride share responsibility law Florida Statutes Sec. 627.748 otherwise known as Florida’s Transportation Network Company or TNC Law. 

Florida law also requires rideshare companies like UBER and LYFT to maintain an agent for service of process so they can be served with a civil personal injury complaint, disclose information on fares to riders before the beginning of prearranged rides; display a photograph of the driver and the license plate number of the vehicle; prohibits drivers from accepting rides for compensation outside of the digital network and from soliciting or accepting street hails; and to maintain records on riders and drivers.  All this information is crucial in investigating potential accident claims against UBER and LYFT. 

DO YOU HAVE AN UBER ACCIDENT CLAIM?

AVAILABLE 24/7, CALL US AT 1-866-597-4529

Our law firm is dedicated to helping victims of Uber car accidents fight for their rights. We have successfully filed hundreds of car accident claims for different clients and are ready to do the same for you. It is important to remember that time is critical in any type of compensation claim. So if you, or someone you love has been the victim of an Uber car accident we suggest you get in touch with us immediately by calling us at 305-441-0440 or by emailing us directly at [email protected]. You can also call us toll free at 1-866-597-4529.

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HOW TO MAKE AN INJURY CLAIM AGAINST UBER

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Our personal injury lawyers know how to make a claim against UBER, LYFT and other ride sharing plans throughout the state of Florida.  Since 1991, we have fought tirelessly to protect the legal rights of those who have been injured and killed on Florida’s streets and highways due to the careless driving of others, including those behind the wheel of an UBER or LYFT.

We take these cases on a pure contingency, which means we don’t get paid until we get our clients the full value of their claims. We will work with you to make sure that you receive excellent medical care during your recovery. We consult frequently with excellent physicians in the fields of Orthopedic Surgery, Neurology, Radiology and Pain Management. 

But what happens when people get into accidents while in an UBER or LYFT vehicle either as a passenger or driver? Can they make a claim? The short answer is, yes, but as always it depends on who caused the accident.

IF YOUR UBER DRIVER IS NOT AT FAULT

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If the Uber driver is not at fault, let’s say for example that your rideshare vehicle is rear-ended at a stop light–then the person who rear-ended you would be responsible to compensate you.  Your UBER vehicle may have additional insurance coverage to compensate you as well. 

Under Florida law, assuming you own a car that has the minimum required Personal Injury Protection (PIP) insurance, your own PIP will cover your initial medical and lost wages after your deductible is met.  However, your remaining damages for pain and suffering in the past and future, and future medical expense and lost wages will be the responsibility of the driver who causes your accident. 

In other words, Florida, Uber and/or Lyft passengers who own a car but who are hurt in an Uber accident can and must still use their own Personal Injury Protection insurance to pay for the first $10,000 of their medical bills and lost wages. This is true regardless of whether the Uber driver is at fault in any part for the collision. 

However, being responsible and having insurance to pay for the damage are two entirely different considerations–especially in South Florida, where we have found most drivers either have no insurance or carry inadequate coverage to pay for the damages they both cause and receive.  This is very common, which is why we always recommend that people purchase uninsured motorist coverage.  

We also understand that if you are traveling by UBER or LYFT or another ride sharing platform, you may not own a car at all, or live with a family member that owns a car.  Then it will be the responsibility of the rideshare insurance to cover your medical expenses and personal injury damages. 

Florida law still requires that people in motor vehicle accidents prove they have sustained a permanent injury in order to be entitled to receive money for pain and suffering. 

However, if both fault and a permanent injury can be proved, the at-fault driver is potentially responsible to pay you money for the following:

  • Past and future physical pain and suffering, mental anguish, and physical impairment;
  • Past and future medical, hospital, rehabilitation, disability, and other health care-related expenses;
  • Past economic losses including lost wages, salary or income, and property damage;
  • Loss of future income due to any long-term disability and permanent diminished earnings capacity;
  • Punitive damages (for outrageous wrongful conduct, if intoxicated, etc.); and
  • Wrongful death and net accumulations when the lawsuit is brought by the family of a loved one who died in an UBER of LYFT accident. 

IF UBER DRIVER IS AT FAULT

If your Uber driver causes an accident while you are his or her passenger, or if you are in an accident caused by an Uber driver, you can sue both the driver and Uber or Lyft. Of course, you must first prove the accident was the Uber driver’s fault (or at least partially so) and that you have suffered an injury.  

Suing is one thing, but collecting is something different. Several states, like California, have passed legislation requiring ride-share drivers to maintain bodily injury coverage of $1 million.  

Like UBER, LYFT has very specific mandatory insurance available for their drivers that varies from when they are waiting for a call, enroute to pick up a passenger or actually transporting a passenger. 

PROOF OF UBER INSURANCE

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Uber and Lyft drivers must now carry physical proof of insurance on them whenever operating a ride-share vehicle. Since it’s Florida, there is always a catch, which often seems to protect the profits of insurance companies at the expense of the injured.  In this new law, for example, if an Uber driver has private auto insurance, that insurer can be excluded from coverage if the vehicle is logged on to the digital network or providing a prearranged ride at the time of the accident. In other words, most likely the only available coverage in a car accident claim against an Uber driver will be the mandatory minimums provided in this new law.

RECORD INCREASE IN TRAFFIC RELATED FATALITIES

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Newly Released Estimates Show Traffic Fatalities Reached a 16-Year High in 2021- and that includes in increase in both UBER and LYFT accidents– according to the National Highway Traffic Safety Administration.   Which means that UBER and LYFT accidents are also on the rise. This is the highest number of fatalities since 2005 and the largest annual percentage increase in history.

Traffic fatalities increased dramatically in 2021, as compared to 2020: 

Fatalities in multi-vehicle crashes up 16% 

Fatalities on urban roads up 16% 

Fatalities among drivers 65 and older up 14% 

Pedestrian fatalities up 13% 

Fatalities in crashes involving at least one large truck up 13% 

Daytime fatalities up 11% 

Motorcyclist fatalities up 9% 

Bicyclist fatalities up 5% 

Fatalities in speeding-related crashes up 5% 

Fatalities in police-reported, alcohol-involvement crashes up 5%

It is unclear why there have been so many more fatal accidents reported.  However, one reason may be because data reported by the Federal Highway Administration show that vehicle miles traveled in 2021 increased by about 325 billion miles, or about 11.2%, as compared to 2020.  This increase in the number of people on the road and miles driven might explain this terrifying statistic. 

Collecting Money In An Uber Accident

AVAILABLE 24/7, CALL US AT 1-866-597-4529

Uber and Lyft drivers must now carry physical pro

Subject to the mandatory insurance limits, anyone seriously injured or killed by an Uber or Lyft driver’s negligence can be entitled to collect money for the damages bulleted above.

Florida’s Uber Law also subjects Uber and Lyft drivers to a mandatory local and national criminal background check every three years, as well as a one-time driving record check when the person applies. Additionally, Uber and Lyft are now forced to implement a “zero-tolerance policy” on drug and alcohol use by their drivers, and to suspend a driver during the length of an investigation, if a rider registers a complaint of drug or alcohol use. of of insurance on them whenever operating a ride-share vehicle. Since it’s Florida, there is always a catch, which often seems to protect the profits of insurance companies at the expense of the injured.  In this new law, for example, if an Uber driver has private auto insurance, that insurer can be excluded from coverage if the vehicle is logged on to the digital network or providing a prearranged ride at the time of the accident. In other words, most likely the only available coverage in a car accident claim against an Uber driver will be the mandatory minimums provided in this new law.

UBER HAS CHANGED TRANSPORTATION FOREVER 

Arguably, one of the greatest revolutions in consumer transportation in the last 100 years is the advent of ride-sharing apps like Uber and Lyft. Today, anyone with a smartphone with a rideshare application can simply log in and almost summon a late-model car or SUV driven by a licensed driver eager to get you where you want to go through the least traffic. 

For our Florida personal injury lawyers, ride-sharing apps are a godsend, making traveling to depositions, mediations, and Miami’s busy courthouses much easier. Now, weno longer need to park and schlep boxes of exhibits and documents from the parking lot to the courthouse.  Instead, I just get dropped off in front of the courthouse by some guy named Juan driving a Prius.   

HOW MUCH TIME DO I HAVE TO FILE MY UBER ACCIDENT CLAIM? 

The time limit to file your claim is different in every state.  This limitation is commonly called the Statute of Limitations.  Which is why we strongly recommend that if you have been involved in an Uber or LYFT accident you consult immediately with an experienced Florida PI lawyer.  

Uber accidents in Florida are subject to a four year statute of limitations- from the date of the incident.  In wrongful death cases- resulting from Uber accidents where either the passenger or third party is killed, the statute is reduced to only two years. Any claim filed after the deadline will almost certainly be dismissed

WHY YOU NEED A LAWYER FOR YOUR UBER ACCIDENT 

If you have been involved in an Uber or Lyft accident–either as a driver, passenger, or third party–it is important that you consult immediately with an experienced Uber injury lawyer. Our personal injury firm was founded in 1991 by Spencer Aronfeld, a Board-Certified Civil Trial Lawyer, with over 30 years of legal experience representing individuals and their families across the State of Florida in a broad range of motor vehicle, motorcycle, bicycle, and pedestrian accidents.   

SPEAK TO A UBER ACCIDENT LAWYER TODAY 

We provide a free initial consultation to anyone who may have a potential claim against Uber, Lyft, or any other ride-sharing company for personal injuries, lost wages, medical expenses, and property damages. We are available to speak with you 24/7 at your home, office, hospital, nursing or rehabilitation center, or by email, ZOOM, FACETIME, SKYPE, or phone. 

Call us today, toll-free at 1-866-597-4529 or locally at 305-441-0440, and speak with an experienced personal injury attorney. We are ready to help. 

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Our attorneys have nearly 25 years of experience in representing families of people injured and killed across the State of Florida in ride-share accidents involving Uber or Lyft.

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