Rideshare services like Uber are increasingly convenient in this day and age. Whether you need a ride to the airport or someone to pick you up after a long night out, Uber lets you safely navigate between where you are and where you want to be. That said, Uber drivers are human. They are as prone to error as anyone on the road. Unfortunately, that can lead to accidents.
Whether you were a passenger in an Uber when it hit another car or were hit by a negligent Uber driver, you can take legal action against either the driver or the rideshare company. You can discuss that right to legal action with Winston Law’s Uber accident lawyers. Our team can help you file a personal injury claim and secure compensation for your accident’s losses.
How Does Uber Protect Its Drivers?
Uber offers its drivers insurance under a wide range of circumstances. That said, this insurance works in tandem with its drivers’ insurance policies, and the coverage isn’t always the same. According to the rideshare company, drivers waiting for a request while using the Uber app receive:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
Comparatively, drivers actively on their way to pick up passengers or who have passengers in their vehicles with them receive:
- $1,000,000 third-party liability
- Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
- Contingent comprehensive and collision
- Up to actual cash value of car with a $2,500 deductible
What does this mean for you as a victim of an Uber accident? It means that you need to determine what role the liable Uber driver played at the time of your accident to determine what kind of support you might get from Uber’s insurance provider.
What to Do When Insurance Coverage Isn’t Enough
While Uber’s insurance policies can protect you from the worst of your recovery expenses, that coverage doesn’t always restore your previous quality of life. As such, you may have the right to take up a civil complaint against either Uber or its driver, depending on the nature of your accident.
A personal injury claim allows you to demand damages covering your recovery from the party liable for your accident. You, however, must prove that Uber and its driver owed you a duty of care at the time of your accident and that, through negligence, said parties violated that duty.
To make matters more complicated, Uber distinguishes its responsibility to legally protect its drivers based on whether or not the driver was “on duty” at the time of an accident, much like it does for its insurance coverage.
Drivers not using the Uber app, without passengers in the car, or using their car for personal reasons do not benefit from Uber’s legal protection. Only on-duty drivers can forward responsibility for an accident to the company.
How Does Uber Protect Its Passengers?
Uber has an obligation to provide insurance coverage for all passengers in a vehicle should that vehicle get into an accident. In other words, you are always protected by Uber’s insurance if you’re relying on an on-duty driver to get you from Point A to Point B. You can work with Uber’s insurance adjusters yourself or request that an attorney do so for you.
If you want to take up a civil complaint against Uber and its drivers after an accident, your position as a passenger gives you the right to do so. You can specifically name Uber, the company, as the party liable for the cost of your recovery.
That said, be prepared to have an Uber accident attorney bring forward evidence proving your passenger status when you take your case to court.
How Long Do You Have to File Your Personal Injury Claim?
Florida recently changed the statute of limitations that it applies to its personal injury cases. You used to have up to four years to file your claim, according to Florida Statutes section 95.11(3)(a). As of March 2023, however, you only have two years to act on your losses. You can find more information about this change in the National Law Review.
The two-year deadline is a firm one in the Sunshine State. Any attempt to file an Uber accident claim after your statute of limitations expires can see a civil judge throw out your case without consideration.
Unfortunately, contending with that tight deadline while you’re also dealing with accident-related injuries can feel all but impossible. Fortunately, our Uber accident attorneys can take the reins and initiate your investigation while you focus on getting the care you need to get back on your feet.
What Compensation Can You Expect From a Liable Party?
While there’s no such thing as an average Uber accident settlement, both personal injury cases and personal injury settlements should cover your accident’s economic and non-economic expenses. This means that an accident may entitle you to coverage for:
- Medical expenses, aids, physical therapy, and long-term recovery
- Property restoration, repair, and/or replacement
- The overall value of your damaged property
- Lost wages or opportunities to pursue employment
- Emotional distress, mental anguish, and/or pain and suffering
- Wrongful death and funeral expenses, if applicable
Some of these losses, like your medical bills, come with a concrete economic value. Others, like pain and suffering, require you to turn to state-approved multipliers before you can assign them a dollar value. Fortunately, you don’t have to navigate state law or the complicated math that comes with non-economic losses. Our attorneys can do that for you.
All the while, we can make sure that any settlement offers you receive from Uber or an independent driver fairly address the breadth of your Uber accident losses.
Let’s Discuss Your Uber Accident Today
Getting into an accident with an Uber driver or as a passenger in an Uber can leave you wrongfooted for several reasons. Who do you hold responsible for your accident? What compensation are you entitled to? Whose insurance do you turn to for post-accident support?
Don’t let these questions overwhelm you. Turn to an Uber accident attorney for guidance instead. Winston Law can communicate with insurance providers, sort out the nature of relevant contractors, and help you determine what right you have to take action in civil court. You can contact us within hours of your accident to schedule your first, no-obligation case consultation.
