Uber Accident Injuries in Florida – An Attorney’s Perspective

Ridesharing services like Uber have transformed the way we get from our doorsteps to our destinations. But, with over 340,000 total crashes across Florida in 2020, and rideshare vehicles accounting for approximately 1% of these, the risk of being involved in a Florida Uber accident is a concerning reality. While this shouldn’t dissuade you from using Uber, acquainting yourself with the nuances of PIP coverage, lawsuits, and compensation can help safeguard your rights.

Florida’s No-Fault Insurance System

Florida operates under a “no-fault” insurance system, where each party’s insurance covers their medical expenses and damages up to policy limits, regardless of fault. The no-fault system applies to Florida Uber accidents, as all drivers, including Uber contractors, must carry personal injury protection (PIP) coverage as per Florida Statute 627.736.

If you’re injured in an Uber accident, you’d first file a claim through your own PIP coverage. If your injuries are serious or permanent and the damages exceed your PIP limits, you can then pursue a third-party claim against the at-fault party to recover extra compensation beyond your PIP coverage limits.

Modified Comparative Negligence?

This is where Florida’s modified comparative negligence rule comes into play for Florida Uber accident victims. It allows you to recover damages proportional to your percentage of fault, in so long as you’re under 50% at fault. Here is a hypothetical example:

• Jessica suffered a broken arm in a Florida Uber accident, but the insurance company claims she’s partly to blame because she wasn’t wearing a seatbelt. Florida’s modified comparative negligence rule can help Jessica recover compensation as long as she wasn’t more than 50% at fault.
• In Jessica’s case, with medical bills around $10,000 and the insurance company assigning her 20% fault for not wearing a seatbelt, Florida’s modified comparative negligence rule could allow her to recover approximately $8,000 in damages.

What Are The Insurance Requirements for Florida Uber Drivers?

Florida has specific insurance requirements for rideshare companies like Uber to protect passengers, including:

• No Passenger, Driver Available: When an Uber driver is logged into the app and is available to accept passengers, but has none onboard, they must have an insurance coverage of $100,000 for death and bodily injury per accident, $50,000 for death and bodily injury per person, and $25,000 for property damage.
• Passenger Present: If a Florida Uber accident happens and there’s a passenger in the vehicle, Florida law requires a minimum primary automobile liability coverage of $1 million to address death, bodily injury, and property damage claims.
• Off-Duty Driver: If an Uber driver is involved in an accident but is off-duty and not using the Uber app, the driver’s personal insurance coverage applies.

How Is Liability Determined? Suing The Uber Driver or Uber Themselves

Determining liability in the aftermath of a Florida Uber accident can be complex, and here is why.

• Uber drivers are independent contractors rather than employees, so they are primarily held accountable for the accidents they cause. However, if you sustained a permanent injury, loss of bodily function, permanent scarring, or paralysis, you may have grounds to file a lawsuit against Uber to seek Florida Uber accident compensation.
• To pursue a third-party claim against the at-fault party, whether it’s the Uber driver, another motorist, or Uber itself, you must establish that their negligence directly caused your injuries. For Uber drivers, this could involve distracted driving, impaired driving, vehicle maintenance issues, or other reckless behaviors breaching their duty of care.

A skilled Tampa Uber accident can be a huge help during this stressful time. They can fight for the compensation you deserve by investigating the case circumstances, identifying responsible parties, and building you a robust case.

What Type Of Compensation Is There For Florida Uber Accidents?

You may recover damages for things like medical expenses, lost wages/earning capacity if you can’t work, property damage, pain and suffering, permanent disability/disfigurement, loss of enjoyment of life, and loss of consortium. In egregious cases, you may be able to sue for punitive damages. A dedicated Tampa Uber accident attorney can ensure that no potential damages are overlooked.

What Is The Statute of Limitations On Uber Accidents in Florida?

Time limits matter in Florida Uber accident cases. You generally have 2 years to file a lawsuit against the at-fault party (a recent change down from 4-years due to Bill 837). This may seem like a long time, but recovering from injuries and dealing with insurance companies can take a toll. You must also file a police report within 10 days and notify Uber ASAP.

Need Help? Call Our Personal Injury Lawyers Today

While Florida Uber accidents may seem rare, the aftermath of being in one can be life-altering. Have you been injured in a Florida Uber accident? Getting guidance from a Tampa Uber accident attorney who’s well-versed in Florida’s personal injury laws can help you with what comes next.

If you want an attorney that’s committed to client advocacy to protect your rights during your recovery, give us a call at 561-507-5700 for a free case consultation.