Taking an Uber instead of a personal vehicle in Miami or any other busy city is a smart choice in most cases. You avoid the stress of battling traffic, worrying about traffic violations, and finding and paying for a parking space near your destination.
However, if you suffer serious injuries from an accident as an Uber passenger, things can get complicated.
While Florida requires an Uber driver to carry a minimum of $1 million in insurance for bodily injury, the loopholes in these policies can significantly reduce the compensation you may otherwise receive.
Establishing liability on ridesharing companies is critical to make a claim with insurance companies stick, but it’s easier said than done. You want a Diamond Law Miami Uber accident lawyer to handle your case and straighten things out.
Types of Damages for Victims of Uber Accidents
In simple terms, an Uber accident is a type of auto accident. When you or a family member sustained serious injuries in a ridesharing accident, the financial costs can quickly mount. While medical bills and loss of income are immediate problems, they are not the only ones you will experience.
Fortunately, an experienced Uber accident attorney can help, as they know how to deal with powerful insurance companies. Diamond Law lawyers are also conversant with the intricacies of the law specific to the use of Uber and other transportation network companies, or TNCs, under Chapter 627 § 748 of The 2021 Florida Statutes.
A rideshare accident lawyer can help injured Uber passengers receive compensation. Money that is generally awarded includes out-of-pocket expenses (economic damages) and non-economic losses. Economic damages that you may be entitled to include the following:
- Current and future medical expenses
- Long-term care
- Lost wages and future earning capacity
- Physical and rehabilitation therapy
- Property damage
Depending on the circumstances, you may also be entitled to non-economic damages, which include the following:
- Pain and suffering
- Reduced quality of life
- Scarring and disfigurement
- Emotional distress
- Loss of consortium (companionship)
- Loss of independence
If your lawyer can also prove that the at-fault party acted with intent or was grossly negligent, the jury may also award you punitive damages.
Things You Need To Know as an Uber Passenger
Things You Need To Know as an Uber Driver
Causes of Uber Car Accidents
An Uber or Lyft driver has a higher risk of accidents than regular drivers because they are constantly on the road. If you are involved in a ridesharing accident, either because you were an Uber passenger or the driver of another vehicle, it’s most probably due to one of the following causes:
While an Uber driver decides when to accept rides, most spend extended hours behind the wheel to maximize their earnings, which often results in driver fatigue. Driver fatigue can slow reaction times and may even cause the driver to fall asleep at the wheel. The National Safety Council reports that a fatigued driver is three times more likely to get into an auto accident and that one in 25 adult drivers falls asleep at the wheel due to driver fatigue.
Uber drivers constantly check their GPS for driving directions and the app for notifications. While most drivers use hands-free devices, the distraction inherent in these activities is likely to contribute to car accidents.
Lack of Familiarity with the Area
Unlike taxi drivers that typically stay within a prescribed area, a Lyft or Uber driver can go everywhere. To get more clients, many drivers come from rural or suburban areas to a city like Miami. Unfortunately, their lack of familiarity with the area can lead them to drive erratically, which increases the chances of an Uber or Lyft accident.
Because their income depends on accepting as many rides as possible, Uber drivers tend to always be in a hurry to pick up their next passenger. This sense of urgency can cause them to drive faster than what is considered safe, ignoring stop signs and failing to slow down at intersections, which can lead to accidents.
Worth of Uber Accident Cases
In Miami, an Uber accident lawyer will generally file a claim with the TNC insurance company of your Uber driver. The maximum coverage will depend on the circumstances surrounding the incident. For example, if the Uber driver is en route to pick up a passenger or there’s a passenger inside the vehicle, then the maximum payout is $1 million.
However, if the driver is logged into the Uber app, but is waiting for a ride request at the time of the ridesharing accident, the maximum payout would be $50,000. In cases where the Uber driver was not logged into the app at all, you will need to file a claim with the driver’s personal car insurance company.
As the injured party in a rideshare accident, you may be able to claim compensation from all parties involved. If, however, the insurance company refuses to pay, you can get an Uber accident lawyer and file a personal injury lawsuit against all parties that do not settle. If you win, the jury will decide on the appropriate amount of damages.
How Diamond and Diamond Miami Uber Car Accident Attorney Can Help You
The employment status of rideshare drivers is central to the question of liability. An Uber driver is not an employee of Uber but is an independent contractor. Therefore, Uber’s accident liability does not kick in unless the negligent driver allows his or her insurance coverage to lapse.
As required under state law, Uber drivers must have extensive insurance coverage for liability. In the case of a Miami Uber driver, that is $1 million for bodily injury or wrongful death.
However, getting Uber or insurance companies to pay for personal injury claims is easier said than done. Uber has a reputation of avoiding liability or settling cases out of hand and providing less compensation than you deserve. Powerful insurance companies are also notorious for exploiting as many loopholes in their coverage as possible to minimize their payouts or avoid them altogether.
Experienced Uber accident attorneys from Diamond Law Miami are privy to all these strategies and know-how to counter them to benefit their clients. If you get hurt as a result of an Uber or Lyft accident, do not hesitate to call a Miami Uber accident lawyer.
Tips on What to Do if Involved in an Uber Car Collision
|Call 911 and get medical attention if necessary||Calling 911 has two purposes. One is to ask for medical attention if you sustained injuries. The other is to request the presence of law enforcement at the scene of the accident so that you can get a police report.|
|Inform Uber about the accident.||You need to put the accident on the record by reporting it to Uber. Go to the Uber app and select “Trip Issues and Adjustments.” Choose “I was in a crash.” You can also access the Help section of the Driver app and tap “Call Support” to talk to an agent.|
|Take photographs of the scene.||It is advisable to document the scene of the accident before law enforcement arrives and moves things around. These photos may provide valuable evidence about what happened and who was at fault.|
Call Diamond and Diamond Law Miami immediately if you’re injured because of an Uber car collision. Our expert lawyers are ready and willing to assist you.
“When involved in an Uber car accident in Miami, find out immediately if your driver is covered by insurance.”
– Diamond and Diamond Miami
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The use of Uber or other ridesharing companies is convenient for many people and, overall, a safe way to travel. However, you should be aware of the legal intricacies of making a personal injury claim for injuries sustained in a Miami ridesharing accident.
If you must take an Uber or Lyft, make sure the driver logs into the app and the trip is a prearranged ride, just in case of an accident. Taking that precaution can make it easier to get the compensation you need to cover your costs and losses, provided you get a qualified attorney from Diamond & Diamond to represent you.