Miami is a lively city with thousands of residents and tourists using services like Uber and Lyft daily. With the number of Uber and Lyft drivers on the road, the chances of being involved in an accident in Miami are high.
Fortunately, our experienced attorneys can help you determine your options to recover compensation for your injuries. Pursuing damages for your injuries is rarely straightforward after an Uber or Lyft accident. Florida practices no-fault rules, meaning most victims must file an insurance claim to recover compensation. While several insurance options might be available, filing a lawsuit could be the best way to recoup all your damages.
If you are having trouble recovering compensation after an Uber or Lyft accident, the Miami Uber and Lyft accident lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer can help. Call us today at (954) 866-1750 for a free assessment of your case.
Filing a Lawsuit for an Uber or Lyft Accident in Miami
Florida is a no-fault state for car accident purposes and can provide benefits to victims injured in an Uber or Lyft accident quickly. Still, it typically limits what compensation they can recover and their right to file a lawsuit for additional damages. Further, the employment rules that govern Uber and Lyft make it difficult to hold them directly liable for their drivers in a lawsuit. However, our Miami Uber and Lyft accident lawyers can help you identify the parties responsible for your injuries and whether they can be sued for damages.
Understanding Florida’s No-Fault Rules
All drivers in Florida must carry no-fault insurance, commonly referred to as “personal injury protection” (PIP) insurance, to cover their injuries and the injuries their passengers sustain in a car accident. In the case of an Uber or Lyft accident in which you were the passenger, your rideshare driver’s insurance will typically cover you, no matter who caused the accident. Unfortunately, no-fault insurance policies generally only cover up to $10,000 in damages. It also usually only compensates a victim for 80% of their medical expenses and 60% of wages lost from time missed at work. Worse, victims typically cannot recover pain and suffering damages through an insurance claim.
If you were the passenger in the other car in the accident, the PIP insurance of the driver you were with should cover you. However, the same limits just described will apply in these situations. Similarly, your PIP insurance will cover you if you were the other driver in the accident.
Can I File a Lawsuit for an Uber or Lyft Accident in Miami?
The best way to recover the full amount of damages caused by your injuries is to file a lawsuit against the at-fault driver. You can claim a wide range of damages against an at-fault driver in a lawsuit not covered by their no-fault insurance. This includes any economic damages you suffered, as well as non-economic damages for pain and suffering. However, you must show that you sustained “serious injuries” in your accident to recover compensation for non-economic damages. According to Fla. Stat.§ 627.737(2), an injury is considered serious in Florida if it results in any permanent injuries, significant and permanent loss of a body function, significant scarring, or death.
Filing a lawsuit for an Uber or Lyft accident can be a challenging process. Fortunately, additional insurance options could be available to cover the full extent of your injuries that would not be available in a typical car accident case.
Can I Sue Uber or Lyft for a Miami Accident?
In most cases, victims will not be able to file a lawsuit against Uber or Lyft for accidents caused by their rideshare drivers. This is because Uber and Lyft drivers are not considered typical employees like drivers at a taxi or trucking company. Instead, Uber and Lyft are classified as independent contractors and are not hired directly by those companies. Uber and Lyft simply provide the technology for approved drivers to use. To hold an employer liable for their employee’s negligence in a lawsuit, they must be legally considered an employee of the company in question.
There are some exceptions, however. A lawsuit could be filed against Uber or Lyft if it can be shown that they were negligent in the hiring process or directly negligent in some other way. For instance, Uber or Lyft could be sued if they retained a driver that they knew to be dangerous. In most circumstances, though, suing Uber or Lyft will likely not be an option.
Fortunately, both companies have insurance policies with higher-than-average policy limits that could be available depending on the status of the rideshare driver at the time. Our Miami Uber and Lyft accident lawyers can help you navigate the complexities of Florida’s no-fault rules and determine what compensation options are available in your case.
Recovering Compensation Through Insurance for an Uber or Lyft Accident in Miami
Victims of an Uber or Lyft accident could have several options to recover the compensation they need through insurance. Rideshare drivers must carry no-fault insurance and commercial driving insurance, each of which could be available. If the driver’s insurance is insufficient to cover your injuries, Uber or Lyft’s supplemental insurance will kick in to cover the remaining damages.
The policy limits available to victims depend on the status of the rideshare driver at the time of the accident. Suppose the rideshare driver was on duty but did not have a passenger yet. In that case, Uber or Lyft’s insurance will cover up to $50,000 in damages per person, $100,000 per accident, and $25,000 in property damage coverage after the driver’s insurance has been exhausted. If the driver had an active passenger or was on their way to get one, Uber and Lyft each offer up to $1,000,000 in liability coverage.
Speak with our Miami Uber and Lyft accident lawyers today to learn more about which insurance claims you can file and whether a lawsuit is the appropriate next step.
Our Miami Uber and Lyft Accident Lawyers Can Help
If you have been injured in an Uber or Lyft accident, our Miami Uber and Lyft accident lawyers can provide you with a free case review. Call The Law Offices of David I. Fuchs, Injury & Accident Lawyer today at (954) 866-1750.