Uber is one of the most common options for individuals who need a ride but cannot drive in Florida. Many consider it an affordable and convenient way to move from place to place. However, like any other vehicle, Uber and rideshare vehicles are prone to accidents due to the huge traffic in the state.
You can suffer different types of accidents while riding in an Uber, including rollovers, head-on collisions, and rear-end collisions, among others. While some Uber accidents are minor, and the involved parties walk away unscathed, you can suffer severe injuries or even lose a loved one in such accidents.
Victims of an Uber accident are entitled to compensation for their injuries and losses, which you can recover by filing an insurance claim with the at-fault party's insurer. Pursuing an insurance claim and recovering maximum compensation is an uphill task. Therefore, you must hire and retain a reliable personal injury lawyer.
Uber Insurance Policies in Florida
Depending on the severity of your Uber accident, the injuries that result from the collisions can have a long-lasting effect on your life. Since most of these accidents are a result of negligence from road users or the management of Uber vehicles, the injured victims or families of those who die in Uber accidents are entitled to compensation.
Recovering compensation for your Uber accident requires you to file an insurance claim with the insurer of the Uber company, driver, or other liable parties. As part of the no-fault law in Florida, all Uber drivers must have auto insurance coverage. Unfortunately, many insurance companies avoid offering Uber vehicle coverage, leaving few choices for drivers and parties injured in these accidents.
Different types of auto insurance coverage are available after an Uber accident. Whether certain insurance coverage will apply to your case depends on the situation. The insurance policies include:
Personal Auto Insurance
This type of insurance coverage is available when the Uber driver is at fault for the accident, but they are not logged into the Uber app. Additionally, this coverage can apply when another driver is determined to be at fault for your accident.
If the Uber driver is logged into the Uber app, the Uber company’s insurance coverage will be responsible for your injuries.
Bodily Injury Coverage
A bodily injury policy pays for the personal injuries of third-party victims in the Uber accident. This policy will cover the medical expenses of Uber passengers, other drivers, or pedestrians involved in accidents.
Personal Injury Protection coverage
In Florida, the PIO insurance coverage of those injured in an Uber accident will be covered for up to $50,000 per victim.
Insurance Claim Process
Your actions from the moment you are involved in the accident to the time you recover compensation could significantly impact the outcome of your claim. The following are some of the steps you need to take in anticipation of filing your claim:
Call 911
If you are involved in an Uber accident, whether as a passenger in the Uber, a pedestrian, or a driver in another vehicle, you must call emergency responders. By dialing 911, emergency services and police officers will arrive at the accident scene.
If you are not severely injured, law enforcement officers could ask you questions about the accident and write a report. During your interactions with police officers, you must avoid offering false information or speculations. Instead, you should give simple facts about the case. Often, the police report will play a significant role in your claim.
Document the Scene
Documenting the information at the accident scene could go a long way for your insurance claim. This will include noting the contact information and insurance details of the parties involved in the accident. Additionally, you can photograph and record the scene before you leave.
If you spot an eyewitness to the accident, you can request their contact details. You can later ask the witnesses to write or record messages on their account of events.
Seek Medical Attention
Uber accidents could leave you with severe and life-changing injuries, including broken bones, scrapes and cuts, and brain and spinal cord injuries. Sometimes injuries are not obvious. Therefore, you will need to go for a medical checkup.
While the doctor examines you, you must ensure that all your injuries are treated and documented. Your medical report will be significant in your insurance claim and will ensure you recover maximum compensation for your injuries.
Report the Accident to the Insurance Company
You must report the matter to your insurance company if you are injured in an Uber or Lyft accident. However, insurance companies do not always have your best interests in mind. Therefore, you must be careful with the information you provide. You should only give the basic information and avoid accepting liability for the accident, even if your actions contributed to the occurrences.
Contact a Personal Injury Attorney
Dealing with the legal issues involved in filing an insurance claim can take a toll on you while you recover from the accident injuries. Unfortunately, insurance companies will be on your tail, attempting to take away liability for your accident from their clients and put it on you. Therefore, you should not go through this journey without the guidance of a lawyer.
Consulting with an attorney familiar with accident claims laws will ensure you understand the complexity of your situation. Other benefits you will enjoy from having an Uber accident lawyer handle your claim include the following:
● Investigate your accident. An auto accident attorney can investigate your accident by gathering evidence to build a solid claim for you. This could involve collecting statements from witnesses, surveillance camera footage, and the police report. While you can do this on your own, it may be challenging as you deal with the aftermath of your accident.
● Deal with insurance companies. Providing the wrong information to insurance adjusters could be used to deny your claim or minimize your compensation. Therefore, your attorney will guide you on the right approach when dealing with the insurance companies after your Uber accident.
● Fight for compensation. You deserve compensation for the injuries and financial losses you incur from the accident. Your Uber accident lawyer will help present your claim to the insurance company and recover maximum compensation.
Deal With Insurance Adjusters
When the at-fault party's insurance company in your Uber accident learns about your accident, they could send an adjuster to contact you. A complicating factor about being involved in an Uber accident is whether you will claim compensation from the driver’s insurance company or the company's insurer.
Insurance adjusters are representatives of the insurance company, and they work to demean your claim to ensure you receive minimal compensation. Therefore, you must choose what to say to the adjusters correctly. The insurance adjusters will be interested in the specific circumstances of the accident and the damages you have suffered.
The insurance company will use the information you provide to avoid compensating you for the injuries caused by their client. The following are some essential tips to deal with insurance adjusters after your Uber accident:
● Do not admit fault. If you played a role in your Uber accident, your compensation will be significantly lower. Therefore, you should never accept fault for the accident from the insurance adjuster.
● Have legal guidance. Before you interact with the insurance adjuster, you must have a skilled personal injury lawyer.
● Avoid recording statements. A recorded statement can be used against you in your insurance claim. Therefore, you should avoid making these statements.
● Avoid commenting about your injuries. Until you have sought medical attention and received a clearance letter from your doctor, you should not discuss your injuries with the insurance company.
File An Insurance Claim
Filing an insurance claim after an Uber accident will require you to make a formal claim and present it to the company. With your claim, you must establish liability for the accident. Demonstrating liability requires an attorney to prove that the liable party acted negligently. Liability in Florida is established using the following elements:
The liable party owed you a duty of care. All drivers and other road users owe a duty of care to other road users. This is exercised by acting in a way that ensures the safety of others on the road. Proving a duty of care is easy.
● Breach of duty. A person breaches their duty of care towards you by acting in a way that places you at risk of harm.
● Causation. You must prove to the insurance company that the breach of duty by the driver, Uber Company, or other road users caused the accident in which you were injured.
● Injuries. You will file an insurance claim when you suffer injuries from an accident resulting from another person’s negligence. You can prove your injuries through medical reports, images, and videos.
Besides proving liability, you can submit different evidence to the insurance company to support your compensation claim. Common evidence that can help you establish your claim includes your medical report, the police report, and witness testimonies.
The insurance company will assess your claim and make an offer. The first offer could often be below what you need to cover the expenses resulting from the accident, and you should never accept it. Instead, your attorney will help you negotiate a better settlement. If you accept a settlement from the insurance company, you cannot file a claim against the liable party in your Uber accident.
Therefore, you must only accept a settlement that can cover your losses. You can file a personal injury claim if the insurance company cannot pay the compensation you deserve.
Recover Compensation
Filing an insurance claim after an Uber accident aims to recover compensation for the losses you incurred due to the accident injuries. There are several damages you can recover from your claim, including:
● Medical Expenses
If you suffer injuries in an Uber accident, you can recover compensation for the medical bills you incur to treat your injuries. Your medical expenses will accumulate when emergency responders arrive at the scene. Your compensation for medical expenses will cover ambulance transfers, medical assessments, treatment procedures, medication, and ongoing care.
Before recovering medical expenses, the insurance company will want to check your medical records to determine that the injuries for which you seek compensation stem from the Uber accident.
● Lost Wages and Earning Capacity
Injuries from an Uber accident could keep you away from work for weeks or months. During this time, you may lose a lot of money in your monthly salary, commissions, overtime, and income from self-employment. You will recover compensation for lost wages if you can produce a lost wages letter from your employer.
If you cannot obtain this letter or draw your income from self-employment, you can use pay stubs and past tax returns to prove your lost income. If your injuries affect your ability to work and earn a living in the future, you can be compensated for lost earning capacity.
● Pain and Suffering
The emotional and physical pain resulting from an Uber accident can take a toll on your life. Although pain and suffering cannot be equated to a dollar value, you can recover compensation from your insurance claim.
Find a Competent Personal Injury Attorney Near Me
Uber accidents have become increasingly common in Florida. Various factors, including driver error and distracted driving, cause these accidents. If you or a loved one is injured in an Uber or rideshare accident, you are entitled to compensation for the physical, emotional, and mental toll you will suffer due to the impact of the accident.
However, filing an Uber insurance claim is much more complicated than for other vehicles due to the many parties involved in running the industry. The process can be long and complicated. You will need to identify the liable parties, file an insurance claim with their auto insurance, and battle it out with insurance adjusters for maximum compensation.
While you navigate an Uber accident insurance claim in Jacksonville, FL, you will benefit from the expert legal insight we offer at Jacksonville Personal Injury Attorney. Contact us at 904-800-7557 to discuss the details of your claim.
