Pompano Beach Uber And Lyft Accident Lawyer
A car crash is often a traumatic experience for all parties involved. Once you have received any necessary medical treatment and the accident scene has been cleared away, the costly reality of your situation may begin to set in. If you believe an Uber or Lyft driver is responsible for your crash, your case might be a bit more complicated.
Florida is a no-fault insurance state, which means that you must turn to your own insurance after an accident before you begin a lawsuit. Only if your injuries are considered “serious” can you file a personal injury lawsuit. In addition, you typically cannot sue Uber or Lyft personally. However, these companies often provide additional insurance coverage for their drivers.
If you were recently involved in a collision with an Uber or Lyft vehicle, I, attorney Jared Newman, can help you get compensation for your injuries. Talk to me for advice. Call my firm, Jared Newman, Esq., at 954-281-7709 for a free case evaluation.
Insurance Coverage For Uber And Lyft Accidents In Pompano Beach
When it comes to auto insurance, states may follow different rules and apply different laws. Florida follows a no-fault insurance system. Under such a system, an injured driver would turn to their own insurance first, covering their accident up to a certain amount. Drivers in Florida are required to carry personal injury protection (PIP) insurance that pays them for accidents regardless of who is at fault.
Filing a PIP claim is required by law in Florida, and you typically cannot opt out of it in favor of pursuing other forms of compensation. However, exceptions to this rule could apply in your case. Many drivers prefer this system because they do not have to worry about proving fault for the accident, and they tend to receive payouts a bit faster than in fault-based states. Additionally, your PIP might adequately cover some of your damages, and you might not have to explore other legal options. However, damages like pain and suffering are rarely covered by insurance, and you might need to sue to recover for those injuries.
Unfortunately, if you’re a driver who was hit by an Uber or Lyft vehicle, your PIP insurance may not cover all your damages. If you have exhausted your PIP or the driver’s PIP and are still faced with accident-related expenses, you should speak with me about filing a lawsuit. If your injuries are considered “serious,” you will be permitted to sue. A serious injury typically involves the loss of a bodily function, significant scarring or disfigurement, death or some other permanent injury.
Can I Sue Uber Or Lyft For A Car Accident In Pompano Beach?
In a car crash with an Uber or Lyft vehicle, you might assume that you can sue the rideshare company for your damages. While it is certainly tempting to go after defendants with deep pockets who can easily cover your damages, it is not possible in most cases. I can help you navigate both the insurance and litigation processes.
Generally, you can sue an employer for their employee’s negligent behavior. Employers are considered liable for their employees’ on-the-job negligence. However, Uber and Lyft drivers are not considered “employees” of their respective rideshare companies. Instead, drivers are independent contractors. Independent contractors typically control important elements of their jobs, such as how long they work and under what conditions. Uber and Lyft drivers generally decide when they work, how long they work, where they work and so on.
Although you cannot sue Uber or Lyft, they still may play a significant role in your lawsuit. You can sue the people directly involved in your accident. Most plaintiffs sue the Lyft or Uber driver. Uber and Lyft often provide insurance for their drivers that may cover injuries in a lawsuit. However, Uber and Lyft typically only provide insurance to drivers who already carry their own insurance. This may be a good thing for plaintiffs, as they have more options for compensation.
However, insurance from Uber or Lyft does not cover every accident. Typically, Uber and Lyft’s insurance may cover your collision if the driver was carrying a passenger or was on their way to pick up a passenger at the time of the crash. The rideshare companies prefer a hard rule that states that if the rideshare app used by the driver is turned off or they are off duty, then the companies’ insurance policies will not cover you.
Is Filing A Lawsuit For An Uber Or Lyft Accident Better Than Insurance In Pompano Beach?
Whether insurance or a lawsuit is the better option depends on what you want and need out of your case. Many injured drivers find that their needs are completely met through their PIP insurance. In such cases, it would be unnecessary to file a lawsuit, even if your injuries met the legal prerequisites.
Alternatively, while your PIP insurance can cover some of your damages, it might not cover everything. Typically, intangible, or noneconomic, damages are not covered by insurance. Your pain and suffering, both mental and physical, are not usually covered by your insurance. However, these damages are available through a personal injury lawsuit.
A lawsuit against your Uber or Lyft driver is a good way to get much greater damages covered after an accident, but it is often very difficult, and nothing is guaranteed. Talk to me about your case, and I can help you decide which path is best for you.
Common Injuries And Damages From Uber And Lyft Accidents In Pompano Beach
Filing a lawsuit or an insurance claim is complex and sensitive. If you file the wrong information or forget important documentation regarding your injuries, you risk losing out on important claims. Every car accident is unique, but there are some injuries and damages that tend to come up more frequently, including:
- Broken bones
- Lacerations and cuts
- Spinal cord injuries
- Brain injuries
- Lost income from missing work
- Pain and suffering
Our Pompano Beach Uber and Lyft accident attorneys can help you if you are unsure about how to assess your damages. Many drivers often overlook various expenses and fail to maximize their damages claims.
Call Jared Newman, Esq.
You were relying on your Uber or Lyft driver to get you to your destination safely, but their negligence got you hurt instead. I can help you get the compensation you need to move on from your collision. Call my firm at 954-281-7709 for a free case review.