Much attention has been directed towards negligent or dangerous Uber drivers who cause accidents and injuries. But what if you’re the one driving an Uber, and another driver hits you? When you’re driving an Uber and you get into an accident, what should you do, and how do you prove who is at fault? Your rights and best course of action largely depend on Florida’s laws surrounding Uber accidents. The legal system can be confusing and difficult to navigate, but having the right team on your side can strengthen your case and allow you to get the compensation you deserve. If you’ve been in an accident while driving an Uber, the attorneys at Neufeld, Kleinberg, & Pinkiert, PA, are here to help. We will expertly guide you through Florida’s car accident and Uber accident laws to help ease the confusion and stress of your situation. In the meantime, here is a helpful guide on what to do if another driver hits your Uber car.
If you are in any type of car accident, there are several steps you should take, including seeking medical attention and filing a police report. However, Uber gives only minimal advice regarding what to do following an accident. The instructions Uber gives state the following:
Aside from notifying Uber, this is similar to what any driver should do after any type of car accident. But whether it involved a rideshare vehicle or not, there are certain steps you should always take following an accident—especially if you believe that you’re not at fault and want to file a claim against the other negligent driver.
If you have been in an Uber car accident, we recommend taking the following five steps:
Often, drivers are reluctant to call 911 after a crash because they believe it isn’t necessary, or the other driver asks them not to call. However, this is one of the most important steps Uber drivers can take after an accident. The police will create a detailed report of the accident, which is best done immediately after it happens. Emergency medical personnel will also be notified after you call 911 and will be able to identify whether anyone is seriously injured and requires immediate attention. Car accidents can leave you in shock and disoriented, without realizing you may have an injury. Failing to call the authorities could give insurance companies the impression that the accident wasn’t as serious as it may have been, or that you didn’t need medical attention for any crash-related injuries. This could also cause insurers to question whether or not your injuries were truly caused by the accident. Additionally, it is vital to notify Uber of your accident and all of the related details. Within the Uber app, you can navigate to a section called “Trip Issues,” which allows drivers to describe what happened. An Uber team member is then supposed to reach out to you to discuss the accident over the phone. They will likely be taking notes on everything you say, so it is wise to be careful when speaking with them. Try not to minimize your injuries in any way. Uber may try to use that information against you in regards to insurance claims for medical bills by arguing that you weren’t seriously injured.
Whether you need to file an Uber accident report or file a Lyft accident report, insurance laws in Florida can be complicated. Under normal circumstances, drivers would make a claim with their own personal injury protection (PIP) insurance policy, regardless of who was at fault. However, PIP coverage is not required for ride-for-hire drivers of taxis, limos, and rideshare companies in Florida. Therefore, Uber does not provide PIP coverage for its drivers. And unfortunately, a driver’s personal PIP coverage probably won’t provide coverage if the insurance company learns the policyholder was driving for Uber at the time of the accident. Speaking with a knowledgeable Uber car accident lawyer is essential for understanding and exercising your rights.A driver’s health insurance will likely provide coverage for medical expenses, however, if the accident was someone else’s fault, the insurance company will likely want to be reimbursed by the at-fault driver. This means that any settlement the Uber driver receives can be reduced significantly to go toward health insurance coverage.
That brings us to an Uber driver’s right to file a claim against the driver who caused the crash. Normally, Florida PIP laws would restrict the right to take action directly against the driver. Since there is no applicable PIP coverage here, the Uber driver retains the right to file a claim with the driver’s insurance company or to file a personal injury lawsuit in civil court.In either situation, the Uber driver would have to demonstrate that the other driver was negligent in some manner to cause the accident. Negligent behavior can include:
Proving liability is not an easy task, and it is important for accident victims to seek legal assistance when preparing to file an insurance or legal claim. If the at-fault driver has the proper bodily injury liability coverage, the Uber driver may be able to seek compensation for the following:
Similar damages can be sought in a personal injury lawsuit, as well.If the at-fault driver is uninsured or the accident was a hit and run, Uber’s uninsured motorist insurance will cover the costs of the crash as long as the driver was en route to pick up a passenger or had a passenger in the car. Uber’s UM policy has a $1 million limit, so it will often cover a driver’s losses. An attorney can help you prove the full value of your claim to ensure you receive the full settlement you deserve for all of your Uber accident injuries.
If you’ve been in an Uber car accident, time is of the essence—reach out to an experienced attorney as soon as possible. Insurance laws can be complicated and downright confusing, but with the right team on your side, you’ll be on your way to fair compensation for your injuries. The attorneys at Neufeld, Kleinberg, & Pinkiert, PA, are always up to date on the latest laws that pertain to Uber accidents, and we’re here to help. Call or contact us today for a free consultation.