Uber is a popular ridesharing company that is different from a taxi or other transportation services. Drivers who work for Uber are working for a technology company. These technology companies are apps that offer convenient and affordable transportation options for many travelers and locals. However, as with any form of transportation, Uber accidents in South Florida are possible. If you have been injured as a passenger in one or many Uber accidents in South Florida, or have been injured as a result of an accident with a vehicle contracted by Uber, you will want to understand your legal options to obtain compensation for your injuries, pain, and suffering. You’ll need an Uber car accident attorney.
Yes, you can file an insurance claim against Uber or the driver’s personal policy after you have been injured as a passenger while using one of the ridesharing services. If you were involved in an accident with an Uber contractor, you can file a claim against Uber depending on the facts and circumstances of the accident.
In Florida, every driver is required to carry $10,000 in personal injury protection (PIP) coverage and $10,000 in property damage liability (PDL). Uber does not provide PIP or PDL to its drivers.
Uber drivers must carry the minimum insurance requirements because there will be times when the driver is not using the Uber app. Depending on the period in which an Uber driver is working, the insurance coverages will vary.
When the Uber app is on but the driver has not been assigned a passenger, the driver needs higher policy limits. This happens when the Uber driver’s app is on and they are available or are waiting for a ride request. This is when the third-party limited liability policy is in effect, meaning that in the event that someone is injured other than the Uber driver and their vehicle, the coverage will apply. The minimum coverage for an Uber driver is $50,000 of bodily injury coverage per person, with a maximum of $100,000 per accident, and $25,000 in property damage liability to comply with the TNC (Transportation Network Company) requirements per Florida law.
The driver may opt for this coverage through their own auto insurance company or Uber may provide that insurance coverage to its drivers. But the higher coverage is mandatory for ridesharing drivers per Florida law. Florida statutes also dictate that ridesharing companies must provide commercial insurance coverage to their drivers if the drivers do not have a commercial insurance policy on their own.
Once a driver is linked with a passenger and the driver is en route to pick up a passenger to when the passenger is picked up and dropped off, Uber’s $1 million insurance policy kicks in for bodily injury and property damage. This policy could be used for any damages from an accident during this time and would apply to passengers, pedestrians, cyclists, and other motorists if an Uber driver was at fault for an accident that involved these parties.
In Florida, Uber must provide up to $1 million in liability insurance for bodily injury and property damage in the event of Uber accidents in South Florida while they are en route to get a passenger or are transporting a passenger. The policy covers any third party who is injured in the accident, including pedestrians, other drivers and passengers, and cyclists. This is why having an Uber car accident attorney can be such a help.
Depending on what period the Uber driver is in, different insurance policies may apply to your accident. It is critical to determine what period the Uber driver was in after an accident because this will affect your claim.
Period 0: If an Uber driver is not using the app and is driving the vehicle for personal reasons, then the Uber driver’s personal auto insurance policy applies, which also must meet Florida’s minimum auto insurance requirements for PIP and PDL.
Period 1: Once an Uber driver turns on the app and is waiting to be matched with a driver, they are covered under commercial insurance either provided by Uber or through their own policy. These limits are higher than the state minimum as stated above.
Period 2: After a driver has matched with a rider and is en route to pick up the passenger(s), Uber’s $1 million liability insurance kicks in. This is in effect until the Uber driver drops off the passenger(s).
Period 3: The Uber driver is transporting a passenger. In this case, Uber’s $1 million liability insurance still applies.
These periods can be less clear when there are stops along the way. For example, if an Uber driver is matched with a rider but stops at a fast-food restaurant to grab food and hits a vehicle in the parking lot then the driver uses the vehicle for commercial and personal use. The periods then become more nuanced and the insurance claim increases in its complexity.
Just like any car accident, there must be an establishment of fault. If an Uber driver is found to be negligent, which means that they have a duty of care, that they breached that duty, and the breach of that duty has led to your injuries, then they will be liable for an accident. If an Uber driver is speeding and then hits another vehicle or texts and then drives off the road, for example, they will be considered negligent and liable for your injuries and losses.
Just as you can obtain compensation for medical bills, lost wages, and pain and suffering when you are a victim of an accident that involves another driver’s negligence, you may do the same with an Uber driver after an accident if you have an Uber car accident attorney.
While the legal landscape surrounding ridesharing companies is complex depending on where you live, in Florida, these companies may be liable if the driver is at fault for an accident while using the ridesharing app.
Uber carries underinsurance and uninsured motorist coverage in the event that the Uber vehicle is involved in an accident with a driver who does not have enough car insurance or does not have any car insurance. This coverage is also used in the event of a hit-and-run accident. In this case, the injured Uber driver and passenger will be covered under this policy.
If the Uber vehicle does not have passengers in the vehicle and is still awaiting a match, then the victim may file a claim against the Uber driver’s commercial insurance. Depending on the damages, the victim may file a personal injury claim and/or a property damage claim, which can be up to $50,000 per injury or $100,000 maximum for all injuries per accident and up to $25,000 in property damage.
If the Uber driver is not carrying a passenger but is on the way to pick up a passenger, then the injured party, whether another driver, pedestrian, a cyclist may be able to claim up to $1 million in damages for injuries, property damage, and pain and suffering. The amount of compensation the injured person(s) will receive depends on the extent of the damages.
However, if the Uber driver was not using the app or working at the time of the accident, and instead was using the vehicle for personal purposes, the victim will likely be unable to file a claim against the ridesharing company for their injuries. In this case, the injured party will need to file a claim with the Uber contractor’s personal car insurance company.
Uber drivers are required to meet certain requirements in order to be a driver for the app, which include being at least 21 years of age, having at least three years of driving experience, and including a photo on the app. Other driver requirements include not having a criminal driving record. Uber drivers must also meet certain car requirements in Florida.
If you have been injured as a result of the negligent actions of a driver while traveling in a rideshare vehicle, let a personal injury lawyer help you get the maximum compensation you deserve. Remember, because Uber will attempt to reduce the amount that they will pay out the sooner you get in touch with a lawyer, the earlier all the evidence can be gathered and preserved. An experienced Uber car accident attorney can help build a solid case, advise you of other options and represent you in court.
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