When another driver causes an accident in Florida, each accident victim files claims with their PIP insurance provider. Florida is a no-fault insurance state for car accidents. Therefore, you must sustain serious injuries to sue someone for a car accident.
If you are hit by an Uber driver, you might be able to sue the driver for damages. In some situations, you may be able to sue other parties, including Uber.
Determining Fault When an Uber Driver Caused an Accident in Safety Harbor, Florida
The first step to determining if you can sue an Uber driver or another party after an accident is identifying who caused the crash. For example, an Uber driver who ran a red light and hit your vehicle or an Uber driver who rear-ended your car because they were looking at their Uber app could be liable.
Evidence you can use to determine fault for a car accident includes, but is not limited to:
- Photographs of the accident scene
- A video of the crash from traffic cameras and other sources
- Physical evidence from the vehicles and accident scene
- Eyewitness testimony
- Statements made by the drivers and passengers
- Accident reports
- Information from the Uber app and vehicle data recorders
- Testimony and evidence from expert witnesses, including accident reconstructionists
A comprehensive accident investigation can be expensive and time-consuming. If you need to sue someone for an Uber accident, hiring a car accident attorney can give you the resources to prove your case.
Filing Insurance Claims Against an Uber Driver and Uber for a Car Accident
If you sustain serious injuries, you can pursue a claim against the at-fault Uber driver. Florida law requires drivers to carry personal injury protection (PIP) and property damage liability insurance. However, drivers are not required to carry bodily injury liability coverage unless they are involved in certain accidents. Consequently, if the at-fault driver does not have liability insurance, you would need to sue them for a judgment.
However, the judgment does not guarantee payment for damages. You may need to pursue collection actions to ask for wage garnishments and property liens, which could take a lot of effort and time.
An alternative route to compensation may be Uber's insurance provider. Uber covers their drivers with commercial insurance coverage based on their status.
If an Uber driver is offline, Uber's insurance coverage does not apply. The driver's personal insurance would apply if they had liability insurance.
If the driver is online and ready to accept a ride, Uber provides third-party liability insurance of $50,000 per person and $100,000 per accident for injuries. It also provides $25,000 for property damage. State-specific insurance, such as personal injury protection insurance, may also be included.
Third-party liability insurance coverage is $1 million for injuries and property damage when Uber drivers have a passenger or are en route to pick up a passenger. Some states require Uber to maintain other insurance coverage, including personal injury protection and uninsured motorist coverage.
Do I Sue the Uber Driver or Uber for a Car Accident in Florida?
Uber drivers are considered independent contractors. Generally, you need to sue your Uber driver and not Uber for a car accident claim. Instead, you can file an insurance claim with Uber's insurance company. You may have one or more legal options if the insurance company denies the claim.
An exception may be if you allege that Uber failed to use reasonable care to protect riders, such as conducting adequate background checks and screening. An Safety Harbor personal injury attorney will review the factors in your case to determine all causes of action and claims for an Uber accident.
Damages Available if an Uber Driver Causes an Accident in Safety Harbor, FL
An insurance claim or lawsuit for an Uber accident can include compensation for economic and non-economic damages. The damages represent the injuries, financial losses, and suffering you experienced because of the accident.
Examples of damages in an Uber accident case include:
- Medical bills
- Pain and suffering
- Lost wages and earning capacity
- Mental anguish and emotional distress
- Out-of-pocket expenses
- Scarring and disfigurement
- Loss of quality of life and enjoyment of life
- Physical therapy and rehabilitative therapy
- Impairments and disabilities
The value of an Uber accident claim depends on many factors. Your monetary losses and injuries impact the value of your damages. The evidence you have to prove fault and disputes related to liability could also be factored into how much your case is worth.
Contact the Safety Harbor Uber & Lyft Accident Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a Uber & Lyft accident lawyer in Safety Harbor. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
