Yes, you can sue Uber for an accident caused by the rideshare company’s negligence. However, this is only possible under very specific circumstances. Generally, those hurt in collisions with Uber drivers file an insurance claim and negotiate a settlement.
If you suffered serious injuries in a Florida Uber accident, state law allows you to pursue compensation. Our Florida Uber & Lyft accident attorneys can help you understand your rights and legal options based on the facts of your case.
Uber Provides Insurance Coverage for Those Hurt in Crashes Involving Its Drivers
As required by Florida law, Uber provides auto insurance coverage for riders, occupants of other vehicles, or pedestrians hit by one of the company’s drivers. However, the coverage available varies based on what the driver was doing when the accident occurred.
When an Uber Driver Is Not Logged In
If the driver was not logged into the app, they were not actively driving for Uber. People who suffered serious injuries when the driver was “off the clock” can pursue compensation based on the driver’s personal liability coverage, not Uber’s insurance.
As soon as the driver logs on to the app and is available to accept ride requests, an Uber insurance policy kicks in. This policy covers:
- $50,000 per person and $100,000 per accident for bodily injury
- $25,000 for property damage
When an Uber Driver is Working
When the driver accepts a ride request and is officially “on a trip,” the company provides a $1 million liability policy. They may also provide other coverage, based on where you live.
Depending on what the driver was doing when your crash occurred, you can file a claim based on one of these policies and seek fair compensation for your accident. Our attorneys can help you determine which policy was in effect and what your best options are for pursuing compensation. Many of these cases settle during negotiations with the insurance company.
Vicarious Liability Does Not Apply in Florida Uber Accidents
Many people view rideshare drivers in the same way they might view other commercial drivers. However, there is a significant difference: Uber and Lyft drivers are independent contractors. The rideshare company is not their employer. This alters how Florida laws apply and makes it more difficult to hold Uber accountable.
Employers are generally vicariously liable for an employee’s negligence under the doctrine of respondeat superior. This doctrine does not apply to independent contractors, so proving direct liability is necessary to hold Uber accountable in court.
One way to do this is by showing that Uber’s policies or practices contributed to the accident. For example, our rideshare accident lawyers might argue that the company failed to conduct appropriate background checks before allowing a driver to use their app.
Understanding Florida Laws Governing Uber and Other Rideshare Companies
Florida Statutes § 627.748 outlines how rideshare companies must operate in the state. This law mandates that, among other things, rideshare companies must:
- Maintain specified insurance levels and cover certain damages if their drivers are involved in accidents
- Perform background checks to ensure drivers are safe and meet the company’s standards
Most lawsuits against Uber stem from accusations that the company failed to meet a mandate like these. If we find evidence of their failure, you can sue Uber if you get in an accident, or you may start by filing a claim and seeking an out-of-court settlement.
Whether you recover compensation through negotiation or litigation, you will be able to pursue the same types of damages based on your serious injuries, expenses, and losses. Some of the damages that our Florida car accident lawyers can recover for you include:
- Medical Care Costs: Your current and future treatment for injuries and related expenses
- Income Losses: The money you missed while you were out of work, and diminished earning capacity if you cannot return
- Property Damages: The repair or replacement of any damaged or destroyed personal property, including your car
- Related Expenses: Documented expenses related to your accident or injury not covered by other categories
- Non-economic Damages: The intangible losses you experienced, including physical and emotional pain and suffering
- Wrongful Death Damages: The damages experienced by surviving family members of a victim who died from their injuries
When Can You Recover Compensation for Your Florida Uber Accident?
You can likely recover accident injury compensation from Uber or the Uber Driver under these circumstances:
- You were an Uber rider and suffered injuries
- The Uber driver was on the app when they hit you
- Uber’s negligence contributed to the accident, usually through improper hiring or inadequate oversight
In many cases, a lawsuit is not necessary. Our attorneys can develop a strong case to support your insurance claim and negotiate a settlement. However, there might be some situations when you need to sue the rideshare driver or Uber. Our Florida personal injury lawyers are familiar with these cases and can help you understand your options and rights.
If you do need to sue based on your Florida Uber accident, Florida Statutes § 95.11 gives most victims up to two years to do so. You should not wait too long to contact our law firm about your case.
Our legal team will want to get to work on your case quickly. This allows us time to preserve evidence, protect your rights, determine what happened, and identify the insurance policy that should cover your injuries or a loved one’s wrongful death.
Talk to Our Florida Uber Accident Team to Learn More
Rosenberg & Rosenberg provides free consultations for rideshare accident victims. We have a long history of fighting for justice for the wrongfully injured. We have recovered millions for accident victims over the last 50 years. Our lawyers can help you sue Uber if you get in an accident. We only get paid if you do.
Contact us today for a free consultation with our rideshare accident team.
