Can You Sue Uber For an Accident in Florida?

can-you-sue-uber-for-an-accident-in-florida

Being injured in an Uber accident whether you’re a passenger, pedestrian, or driver of the vehicle hit, can create complex legal challenges because you may be dealing with multiple insurance policies to determine who is at-fault can be contested. At Kushel Law Group, our experienced Uber accident attorneys advocate for your rights every step of the way, negotiate with insurance companies, and fight to secure the full compensation you deserve.

Is Uber Liable for Accidents?

If you were injured in an Uber accident in Florida, you have the right to pursue compensation, whether you were a passenger, another driver, a pedestrian, or a cyclist. Uber classifies its drivers as independent contractors, so the insurance coverage that may apply depends on the driver's status at the time of the accident. The most important factor is what the driver was doing at the moment of the crash; were they not using the app, waiting for a ride request, or had a passenger in their car. 

The App is Off

When the driver is not logged into the Uber app, they are considered to be driving for personal reasons. If the Uber driver was not logged into the Uber app or was not actively using the platform at the time of the crash, Uber’s insurance usually won’t cover the accident. If Uber’s insurance isn’t applicable, any injuries, vehicle damage, or other losses will need to be pursued through the driver’s personal auto insurance policy or other available coverage. In Florida, recovery could be limited because the state only mandates $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL), so all drivers might not have full coverage

App is On & Waiting

When an Uber driver has the app on but hasn’t accepted a ride, Uber provides limited insurance coverage, but the driver is usually the one primarily liable. Uber’s policy may help cover damages if the driver’s personal insurance falls short.

An Uber Driver Accepted a Ride or a Passenger is in the Car

The most comprehensive coverage kicks in the moment the driver accepts your ride request and lasts until you exit the vehicle. During this time, Uber carries a $1 million third-party liability insurance policy which means if your Uber driver causes the accident, this policy can cover your medical expenses and other damages.

How to Recover Compensation in a Car Accident

To recover compensation for pain and suffering if you’ve been in a car accident in Florida, you usually need to prove that another party was at-fault and that your injuries meet Florida’s requirements for pursuing non-economic damages (e.g., permanent injury, disfigurement, significant loss of a bodily function). Which is why you need an experienced Florida car accident attorney at Kushel Law Group on your side because we will immediately investigate the crash, identify all available insurance coverage, handle negotiations with insurers, and help protect your claim when facing issues like inadequate coverage, insurance disputes, or questions about who caused the accident.

Uber Accident Insurance in Florida: How Progressive Coverage Works

In Florida, Uber’s commercial auto insurance policy is through Progressive, and applies when a driver has accepted a ride request and is en route to pick up a passenger or has a passenger in their car. Uber’s insurance coverage can provide up to $1 million in third-party liability protection. This higher coverage can help injured victims pursue compensation for financial losses, including medical bills, lost income, and any ongoing needs, as well as pain and suffering.

If Uber’s insurance is responsible for paying for the car accident, you’ll be dealing with Progressive, and they have a reputation for fighting hard against injury claims so they can minimize payouts. They'll make a lowball offer that isn't even close to what your claim is worth, and try to get you to settle quickly before you know the full extent of your injuries. Once they offer you a payout, they’ll have you sign a release that permanently ends your right to a claim. This is why it’s important to not talk to insurance companies; our lawyers will handle this for you.

What if Multiple Cars Were Involved in an Uber Accident in Florida?

If multiple vehicles are involved in an Uber accident in Florida, determining liability becomes more complicated because several drivers, insurance policies, and contributing factors need to be investigated. Florida’s insurance laws and Uber’s insurance coverage can also affect how compensation is pursued for medical expenses, lost wages, vehicle damage, and other losses. A thorough investigation of the accident, police reports, witness statements, and available evidence will help identify who was at-fault and which insurance policies apply.

Should I Hire a Lawyer For an Uber Accident in Florida?

If you’ve been in an accident with an Uber driver, handling a rideshare claim is complex, which is why hiring an experienced Uber accident attorney at Kushel Law Group is crucial. We’ll begin investigating your accident right away, protect your rights, negotiate with insurers on your behalf, and fight to ensure you receive the compensation you deserve. Our office is located in Boca Raton, but we also represent clients in Delray Beach, Boynton Beach, and surrounding areas. Our attorneys have recovered thousands in compensation for clients, so let us fight for you! Call us at 561-940-0100 or fill out our online form to schedule a free case consultation. You don’t pay unless we win.

FAQs

Can you sue Uber for an accident?

You can sue Uber for an accident, but whether Uber itself is directly liable depends on the driver’s status at the time of the crash and the insurance coverage. Contact Kushel Law Group for a free case consultation so we can discuss next steps.

How long does an Uber settlement take?

The timeline for an Uber settlement depends on how serious and complex the accident was.

Who pays for my injuries if my Uber crashes?

It depends on who was at fault and whether the driver was logged into their rideshare app. Uber provides up to $1 million in liability coverage when a ride is in progress, which could cover medical bills, lost wages, and other injuries, and pain and suffering.

What if another driver caused my rideshare to crash?

If the at-fault driver is uninsured or doesn’t have enough insurance coverage to fully compensate you, additional coverage could be available through Uber’s Uninsured/Underinsured Motorist (UM/UIM) coverage. This all depends on the circumstances of the crash and the policies involved.

How long do I have to file a claim after an Uber accident in Florida?

You usually generally have two years from the date of an accident to file a personal injury lawsuit in Florida. It’s important to be aware that insurance claims could have different deadlines, so it is important to start the claims process as soon as possible after an Uber crash.

About the Author

danielle-kushel

Danielle Kushel is a Boca Raton personal injury attorney and former prosecutor who has tried over 80 jury trials. She serves accident victims throughout South Florida with a focus on car accidents, rideshare crashes, and catastrophic injuries.

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