Can You Sue Uber If They Get In An Accident In Florida?
You generally cannot sue Uber if you are in an accident in Florida. This does not mean that you cannot receive compensation for the damages that you suffer from an Uber car accident.
Uber employs its drivers on a contract basis. This means that drivers do not have the same legal rights as you would if you were a traditional employee. Instead, they operate under vicarious liability laws. In general, this means that Uber cannot be responsible for any negligent actions of their drivers.
Passengers that suffer an injury in an Uber car accident would seek compensation in the same way that they would in with a regular car accident, through their personal insurance policy.
Determining Liability In A Florida Uber Accident
It is not always necessary to determine liability in a Florida Uber car accident. Because Florida is a no-fault coverage state, you would seek compensation for your damages through your personal insurance provider. There are exceptions to this, however.
It is possible that your car accident damages will exceed the maximum coverages allowable with your insurance policy. Car accident injuries might include broken bones, internal bleeding, back injuries, traumatic brain injury, and even paralysis. These injuries can leave you with pain and suffering which is not recoverable under a no-fault insurance claim.
Additionally, if you were the driver during the Uber accident, it is possible that your insurance company will deny your claim because you were working at the time.
In both of these cases, we would need to determine fault in the accident and seek compensation from them or their insurance provider.
Uber’s Insurance Policy
Although Uber does require that their contractors carry their own insurance policy, they also have an insurance policy in the event of a severe car accident. Whereas no-fault insurance coverages generally limit compensation to $10,000, Uber’s insurance payout is a maximum of one million dollars.
A severe car accident can leave you with expensive medical bills and the inability to work, resulting in thousands of dollars of damages. It is also possible that these injuries will be life-long. Filing a claim with your Florida no-fault insurance provider can help you recover the following types of costs:
- Medical bills
- Property damage
- Lost wages
- Temporary transportation
Seeking compensation from the at-fault driver’s insurance policy allows for the recovery of the following costs:
- Anticipated future medical costs
- Diminished earning capacity
- Pain and suffering
- Wrongful death
It may or may not make sense to seek additional compensation in your Uber accident case. If your injuries are severe and will prevent you from returning to work, it may make sense to file a third-party claim. Additionally, if you lost a loved one in an Uber car accident, then we can help you file a wrongful death claim against the at-fault party.
Florida’s Filing Limits
It is also vital that we stay within Florida’s strict statute of limitations. Florida limits the time in which we can file an Uber car accident case to just four years from the date of the accident. Keep in mind that your insurance company may have their own time limits for filing a claim. Additionally, the state of Florida requires that you file a police report within ten days.
Finally, Uber requests that you notify them of an accident as soon as possible. You can reach their help hotline 24 hours a day and seven days a week.
It is essential to stay within these filing requirements to protect your eligibility to collect the compensation that you deserve. The unique circumstances that surround rideshare company’s mean it may take additional time to build your case. Insurance companies, as well as Uber, may attempt to limit their liability. It is best to discuss your legal options with an Uber car accident lawyer as soon as possible.
Discuss Your Uber Car Accident Case With A Lawyer Today
Navigating an Uber car accident can be confusing and overwhelming. It is important to work with a legal team that is familiar with the unique rideshare laws as they apply to Florida.
Our car accident lawyers at Chalik & Chalik Injury Lawyers offer you the representation that you deserve, fighting to collect compensation for your damages. Schedule a free consultation today at 855-529-0269.