Can I Sue Uber After Being Involved in An Uber Accident in Florida?
Uber has become a game-changer, and with many rides going smoothly, riders are not going to stop using Uber anytime soon. Nonetheless, just like other drivers, Uber drivers are prone to auto accidents. So, what happens when you are in an Uber accident? You can be involved in an Uber accident either as;
- a passenger
- a driver of another car or even
- a cyclist.
When in an Uber accident, in most cases, you cannot sue Uber as a company. This is because Uber drivers are not precisely employees of Uber.
It is crucial to know how the company works to understand why Uber is not directly answerable for Uber accidents.
How Does Uber Work?
Uber drivers use the Uber app to connect with riders. When the Uber driver receives a client, the client pays through the Uber app. The company keeps a share of that money while leaving the rest of the money for the driver. In this way, the drivers are not direct employees of the company.
Since Uber drivers do not directly work for the company, it is difficult to sue Uber directly after an Uber accident. The Florida vicarious liability doctrine exempts Uber from being directly accountable for Uber accidents.
Nonetheless, simply because the company is not directly responsible for Uber accidents does not mean that Uber accident victims cannot obtain compensation. Victims of accidents involving Uber drivers have the legal right to seek compensation.
Uber drivers usually carry their personal insurance policies that can cover injuries to,
- other drivers
- passengers or
- cyclists
Despite the need for each driver to have their own insurance policies, Uber company supplements these policies.
After an Uber accident, victims are usually confused since they do not know who should compensate them. Keenly read through the following sections, which contain answers to two commonly asked questions about Uber accidents. These answers will help you understand some basics of how to receive compensation after an Uber accident. You will also learn whether or not you can file a lawsuit after an Uber accident.
Can Uber’s Insurance Cover My Injuries After an Uber Accident?
Uber’s insurance cover should be able to cover your injuries after an Uber accident.
However, you will need to prove your case to receive compensation from Uber’s insurance cover. For coverage to apply after an Uber accident, you need to confirm that the driver was in the course and scope. A logo on a driver’s vehicle does not automatically mean that they drive for Uber. An experienced Uber accident attorney can assist you by ensuring that the driver does not get rid of the vital information you need to prove that he was in the course and scope. For example, the Uber app should remain preserved. If there is no trace of the app or GPS data, it can be hard to prove that the driver in question is an Uber driver.
Keep in mind that in cases where an Uber driver was neither on a ride nor on their way to pick a passenger, the payout from Uber’s insurance cover usually reduces.
Is it Possible to Sue for an Uber Accident?
Firstly, in Florida, you have the right to sue a liable party after an auto accident if the insurance payout cannot meet the cost of taking care of your injuries, damages as well as your pain and suffering. In most cases, if the cost of taking care of your injuries and damages exceeds $10,000, you can file a lawsuit.
That said, you can sue an Uber driver, but to successfully do that, you must prove that they were at fault. Nonetheless, because Uber supplements Uber drivers’ insurance policies, most Uber accidents do not result in lawsuits.
Secondly, you can sue for an Uber auto accident if the injuries obtained qualify as severe injuries under the Florida serious injury threshold. For example, you can file a lawsuit after suffering a permanent disability.
Remember, you must file the lawsuit as soon as possible. In Florida, the law expects individuals to file auto accident cases within four years. Nonetheless, remember to consult with your attorney as there might be exceptions when it comes to Uber accidents.
Contact a Naples Uber & Lyft Accident Attorney Today
Rideshare accidents can confuse you. At The Law Office of Marc L. Shapiro, P.A., we understand how confusing these accidents can be, and our experience allows us to provide you with high-quality legal assistance. If you need legal help, contact an experienced Naples Uber & Lyft accident attorney today at 239-649-8050 for a free consultation.
Resources:
flsenate.gov/Laws/Statutes/2012/95.11
