The aftermath of any car accident can be unsettling, but knowing what to do following a ridesharing accident can be particularly confusing. Ridesharing services have transformed the way individuals get from one point to another. Unfortunately, a serious injury from a rideshare accident could ruin your day and change how you live. While many procedures are similar to a standard auto accident, there are changes in the way rideshare cases are handled, including which insurance policy is responsible for paying your medical expenses.
Below are the steps you need to take to protect your compensation claim:
Check Yourself for Injuries
After the accident, you first need to dial 911 to have the authorities and medical emergency personnel dispatched to the accident scene. Then, check to see if you have sustained any injuries. If you're able to move around safely, look for any significant injuries to the driver or other passengers. Make sure you do not move anybody.
Even if you are trained in basic first aid, refrain from giving more advanced medical care since you risk being held accountable for negligent treatment and unintentionally making their injuries worse.
Get Medical Attention for Any Injuries Sustained
Seek medical attention as quickly as you can if you sustained any injuries from the accident. This will benefit you in the ways listed below:
- You keep your condition from worsening. Some injuries, such as whiplash, could take several days to show symptoms. Timely medical attention can stop your injuries from becoming worse or turning into something that could change your life
- You gather evidence to back your claim. To prove that you were hurt in a crash, you must provide evidence to the rideshare company and the at-fault insurance provider. One element that could back up your claim is evidence that you received medical attention
- It links your injuries to the accident. Insurance providers don't always engage in fair negotiations. For example, the insurance company in your claim might assert that the accident involving the rideshare was unrelated to your injuries. Your medical history may provide conclusive evidence linking the accident to your current condition
Florida Statutes 627.736 also mandates that you seek medical attention within 14 days after the accident to be eligible for personal injury protection (PIP) coverage benefits.
Gather Evidence from the Accident Scene
Take pictures of the scene of the accident as well as your injuries if you're able to. Take detailed pictures of the damage to the vehicle, where you were seated, and the condition of the road around the car (s) involved. The accident site can soon become corrupted, and this bit of evidence could help in identifying the reason for the accident. An attorney could use these pictures to reconstruct the accident with the help of an accident reconstruction specialist.
Obtain the contact details of all parties involved in the ride-sharing collision, including any on-the-street or in-traffic witnesses. Your attorney can get in touch with them to verify your claims and counter any arguments raised by the insurance adjusters.
Jot down all you see as quickly as possible since you might forget essential details. This written account may be referenced during settlement discussions or court testimony.
Report the Incident
Dialing 911 is an important starting point, even though the accident is minor since a police statement is essential for the compensation process. The information included in the report could help you win the case against the at-fault party or rideshare driver. After speaking with everyone present, the authorities will compile their conclusions in the report.
If the police did not arrive at the scene of the accident (or did not file a report), you need to report the accident yourself. You are required by law to do so if the incident involved:
- A fatality, injuries, or any complaints of pain
- An automobile being towed away from the accident scene
- A commercial vehicle
A police report is an essential piece of information for your legal counsel as well as claims adjusters. Your chances of winning your case increase as you have more evidence to back it up.
After things have calmed down and you've sought emergency medical attention, get in touch with the motorist's insurance provider to submit a claim. Give the insurance provider only the bare minimum of information, and avoid making recorded statements without first consulting an attorney. You need to also notify the rideshare company of the accident through their online platform
If a rideshare company representative approaches you and requests a statement, it is advisable to first consult an attorney.
Speak to an Attorney
A personal injury can assist you in gathering evidence and eyewitness accounts. They are skilled at figuring out how much you should be compensated for your damages, taking into account future lost earnings, reduced life quality, and continuous medical treatment.
Your rideshare accident attorney might have dealt with insurance companies on numerous claims and know the strategies they could use to undervalue or reject your claim. A lawyer ensures the protection of your entitlement to compensation.
Avoid Sharing Information About the Accident on Social Media
You might wish to share this experience on your social media accounts after getting injured. However, whatever you disclose to the public could jeopardize your case. The specifics of your case should be kept private between you and your attorney.
Rideshare Accidents and Florida Liability Laws
According to Florida Statutes 627.736, Florida is among a few states with a "no-fault" auto insurance law. All drivers in Florida are required by law to have liability and personal injury protection insurance. This "no-fault" provision states that your personal motor insurance policy will cover the first $10,000 of medical expenses.
There are limitations if you're an insured and licensed Florida driver who is hurt while riding as an Uber passenger. The laws governing liability in Florida are intricate. You have a right to be aware of your rights, including the ability to file a claim for damages following a Florida Rideshare accident. If you have a claim for compensation against the party at responsibility in your claim, your attorney can clarify your options.
Florida’s Statute of Limitations Rideshare Accident Claims
Although your attorney can do all in their power to quickly collect your compensation, they are unable to provide you with an estimate of how long that will take. It's crucial to keep in mind that, according to Florida Statutes 95.11(iii)(a), you typically have 4 years from the date of discovery of injury or accident to initiate a personal injury claim. According to Florida Statutes 95.11(4)(d), if you're petitioning for the death of your loved one, the statute of limitations is 2 years.
If you are not able to come to a satisfactory insurance settlement, then your attorney will have to prepare your case for trial. This could also take some time. Your claim could be dismissed if you exceed the time limit specified in the Florida Statutes. In that case, you will not have another chance to demand compensation to cover your damages.
Potential Compensation You can Recover After the Accident
Uber and Lyft drivers can get into serious accidents. Depending on the severity of your injuries, you may require surgical interventions or extended medical care. If you are unable to work throughout this period, you may be left with no money to pay for a stack of medical costs and other expenses related to the accident. You could be able to collect the compensation, but unless you or your attorney can show negligence in your claim.
Like many other automobile accidents, rideshare accidents are frequently the result of negligence. Negligence arises whenever somebody fails to exercise the care required to keep another person safe from unreasonable injury. It could be that your rideshare driver was on their phone while operating the vehicle and attempting to line up another passenger.
Whatever the reason for the accident, it's possible that the Uber or Lyft driver did not uphold the required standard of care to operate responsibly and safely.
Proving Negligence
You will need to provide evidence that your rideshare driver was negligent. You must also demonstrate that the motorist's negligence led to the occurrence that caused you monetary and physical losses in addition to demonstrating that they owed you a duty of reasonable care but violated it.
Your testimony will need to support your claim of the driver's negligence. With an attorney on your side, you can gather evidence, prove negligence, and develop your claim.
Recovering Compensation After the Rideshare Accident
You should not attempt to bargain with an insurance provider. Insurance providers often make an effort to negotiate a settlement that's significantly less than what you might be entitled to. Instead, you ought to seek advice from an attorney.
Your attorney will review your damages, further losses, and the likelihood of recovery. These particulars will be incorporated into a detailed lawsuit or claim. Additionally, your attorney can:
- Examine police reports and eyewitness statements to gather relevant information
- Ask the Uber driver for their training, safety, and driving history
- Request a medical assessment report from your healthcare practitioner
- Examine the images, recordings, and other materials from the scene of the accident
- Contact the other party's insurance adjuster
- Negotiate a deal or a verdict from the court
- Examine the conditions of the insurance settlement policy
An attorney can handle any possible complications in your case. Without legal counsel, you might face:
- A rejection of your case The rideshare company might dispute responsibility to get you to withdraw the legal proceedings and cover your damages
- A lag in your claim's processing. You have to swiftly find out the outcome of your claim soon after filing it. Otherwise, the insurance provider may be delaying the claim in the hopes that you will drop it
- Low payout. You are entitled to compensation for all of your accident injuries-related losses. However, the insurance provider can provide less than you demand. In that case, your attorney can use solid evidence to bargain for a reasonable offer
Damages You Can Recover in a Rideshare Accident Claim
You might be qualified to pursue damages for the following:
- The costs of emergency room treatments
- Costs for surgical operations
- Costs of hospitalization
- Additional medical costs, including those related to testing, prescription medications, or medical equipment
- Lifecare expenses
- Disfigurement
- Lost wages
- Suffering and pain
- Permanent or temporary disabilities
Your damages and costs could vary from those listed above.
Frequently Asked Questions
Following are some frequently asked questions about Florida rideshare accidents:
What Should You Do If You Are Hurt in a Florida Rideshare Accident as a Passenger?
If you have been injured while riding as a passenger, your injury protection insurance will kick in. If you do not have PIP coverage, you can be covered by a family member who does. An alternative would be to make a claim against the other driver's insurance who was operating the car where you were injured.
What are Your Rights After a Rideshare Accident?
If you were a passenger in a rideshare accident and another driver was at fault, you can file a claim with the driver's insurance carrier to get compensation for your financial and medical losses.
You need to be prepared to gather vital contact details regarding the other motorist as soon as possible, such as their identification, plate number, phone number, email, and insurance details. Typically, police officers responding to the scene will collect this information as well, so you'll be able to obtain it from them should your injuries hinder you from doing it yourself.
Can You Sue a Lyft or Uber Driver If They Cause a Crash?
You can. But, filing a claim with the rideshare insurance carrier would serve as your first option. You could be eligible to initiate a claim when the insurance provider rejects your case or the insurance is inadequate. To qualify for compensation in Florida, you must have had serious injuries, such as broken bones, severe deformities, a 90-day or longer period of disability, a considerable restriction of the use of a body part, or a lifelong restriction to use a body member or organ.
How Would You Handle the Situation If the At-Fault Driver Lacked Insurance?
You might be able to get more insurance from the rideshare company car's policy even if the driver was not at fault for the accident. The driver's insured or uninsured motorist policy may provide coverage. If the person who caused the accident is not covered or doesn't have adequate insurance to pay for the full scope of the losses, uninsured motorist insurance often pays for the damages.
What Happens If My Uber Gets Into an Accident?
If you are an Uber driver and are involved in a crash, Uber's asserts support staff could be able to assist you with the accident claims and reporting processes. You might be covered by your insurer.
What Happens in the Event of a Collision With an Uber or Lyft Driver?
As with all other accidents caused by another person, you are entitled to monetary compensation if you have been involved in a crash with a Lyft or Uber driver. You possess every right to seek compensation. However, the legal ramifications of your claim may be complex.
To begin, if you got struck by a rideshare driver, their insurance company could dismiss your case because the vehicle was being utilized for business purposes. Consequently, if the driver possesses liability insurance acquired through the rideshare company, you will need to submit your claim to the insurance company.
If you would like to sue the company for the accident, legal issues can be complicated. The company could claim that the operator was an independent worker and that it is not liable for the activities or conduct of the driver. You might want to think about dealing with personal injury attorneys who can offer assistance and greater clarity if you want to acquire the compensation you require to pay for your injuries and damages.
Do You Need to Hire a Florida Lawyer If You Caused an Accident?
You're not obliged to retain legal counsel following an accident. But, a knowledgeable Uber or Lyft accident lawyer can assist you in navigating the intricate insurance and legal systems and improve your chances of a successful result.
How Soon After a Car Accident in Florida Can You Hire a Lawyer?
You should retain legal counsel before the Florida statute of limitations expires because you have to claim within that time frame. The sooner you start, the better. The ideal time to contact a Florida Lyft and Uber accident attorney is immediately after the accident.
Keep in mind that the chance of losing important evidence or providing the opposing side with an advantage in their case increases rapidly with every passing day.
How Much Does a Florida Lyft or Uber Accident Attorney Cost?
The charges between providers and based on your case's specifics. Many attorneys provide a free initial appointment in which you could review your goals and the specifics of your case, as well as inquire about their fees, before establishing a financial obligation.
Find a Personal Injury Attorney Near Me
Being implicated in a ridesharing accident can be intimidating and stressful. At Jacksonville Personal Injury Attorney, we are concerned with the well-being of our clients. Our goal is to fight for and obtain compensation on your behalf. We are always looking out for your best interests. Call us at 904-800-7557 to set up a consultation with us today. We serve the City of Jacksonville.