A popular form of rideshare is Uber. As a competitor to taxis and other car services. With rideshares becoming a leading form of transportation for hire. There are an increased number of Ubers on the road, so there are more Ubers involved in traffic accidents.
If have been hit by an Uber in Florida, you might be able to recoup compensation for your damages by pursuing a personal injury claim against the Uber driver.
If the Uber driver is to blame for the crash, you will pursue a personal injury claim against the Uber driver as you would any other driver who is at fault. You must collect all documentation and evidence to support your claim, and to help prove liability for the damages you suffered.
How Does Uber Operate?
Vehicles baring the Uber name are not owned, operated, or controlled by Uber. The drivers of Uber vehicles are not hired by Uber. Instead, individuals contract with Uber to provide services. Therefore, Uber drivers are third-party contractors.
As a competitor to taxis and other rise services, Uber has its own established pricing structure. A phone app is used for scheduling rides with Uber as well as for billing and payments. Drivers have app to notify them of a fare wanting a ride and for scheduling pickups.
The app must be open and running when a fare is being transported.
Who is Liable for Damages Caused by an Uber?
To have a personal injury claim, liability must be proven. You will need to show that fault lies on the other driver and because of the driver’s negligence, you suffered damages. When you prove negligence, you will have a successful personal injury claim.
When you have been hit by an Uber driver, it is not any different than being hit by any driver. In Florida, pure comparative negligence is used. This means that whatever percentage of fault for the accident falls on you will reduce the amount of damages that you can recover.
Determining Whose Insurance is Liable for Damages
If you have been involved in a crash with an Uber vehicle, you are probably wondering whose insurance will cover your damages. Any Uber driver is required to have personal auto insurance coverage that meets the state requirements.
However, personal auto coverage will usually not cover an accident that results when a vehicle is being used for hire. That means if the driver is available for paid transport or is hauling a passenger, then the driver’s personal policy will not cover damages.
Uber does maintain coverage for its drivers as well. If the driver is logged into the app and is waiting for a passenger or is transporting, then Uber’s coverage should take over.
If the driver is available but not transporting, Uber has coverage that includes $50,000 per person bodily injury protection and up to $100,000 bodily injury coverage per accident as well as $25,000 property damage coverage. If a client is being transported, Uber has $1 million liability coverage.
Consult with A Personal Injury Attorney
In Florida, there is a four-year statute of limitations for pursuing a personal injury claim against a negligent party after an accident. Complete the Free Case Evaluation Form on this page to get your case reviewed by an accident injury attorney so you can get your claim underway.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Uber, or another party, you may not be entitled to any compensation.