I Was in a Crash With An Uber Driver: Can I Sue?
When accidents happen with Uber and rideshare services, it can complicate the process for recovering financial compensation for injuries and other damages, but it doesn’t have to.
At Moody Law, our car accident attorneys serving Winter Haven, Lakeland, and Tampa, FL, understand the complexities of recovering damages in Uber and rideshare car accident cases. If you’re wondering “what are my legal options for Uber car accidents?”, Moody Law can help.
Recover Damages Through Insurance or a Personal Injury Lawsuit
When it comes to recovering compensation for accidents involving Uber drivers, damages may be recovered through an insurance policy or through a lawsuit depending on the circumstances of the accident. Likewise, injured passengers can seek damages through insurance or a personal injury lawsuit, also depending on the circumstances of the case.
Florida is considered a no-fault auto insurance state, which means that each party involved in a car accident must seek compensation from their own insurance policy regardless of who is at fault. There are exceptions for seeking compensation from your own insurance policy after a car accident. This includes:
- Severe accidents with serious injuries: In some accidents, injuries are so severe that medical expenses and other related damages will exceed the coverage of the no-fault insurance policy.
- Rideshare companies: Passengers of rideshare companies, like Uber and Lyft, may not have their own insurance coverage, so they will not be able to recover compensation for their injuries.
In such cases, it may be possible to recover compensation from the party responsible for the accident through a personal injury lawsuit. It should be noted that Uber drivers are considered independent contractors in Florida and not employees of Uber. As such, it is difficult to hold the Uber company liable for an accident, but the driver may still be sued for damages.
When Are Rideshare Driver’s Liable?
Uber drivers have a legal responsibility to their passenger’s safety. Of course, sometimes an accident is not the fault of the Uber driver, but when an Uber or other rideshare driver performs their duties in a negligent manner and causes harm to their passengers, they may be held liable.
Uber and rideshare drivers may be held liable for damages if an accident was caused by their own negligent actions, such as:
- Distracted driving, for example, using their rideshare app while driving
- Driving aggressively
- Ignoring traffic signs
- Driving under the influence of drugs or alcohol
- Failing to maintain their vehicle, such as brakes and other mechanical issues
Filing a Personal Injury Lawsuit
Accidents involving rideshare services can be complicated, which is why it’s beneficial to contact an attorney as soon as possible. A car accident attorney can file the necessary court documents and help build a strong case by collecting evidence, including medical records, police reports, and expert witness reports, to represent their client’s interests.
What Types of Damages Can Be Recovered?
Those who have been injured in an Uber or other car accident may be able to recover financial compensation for their injuries and other damages from the party liable for their accident. Some common types of damages include:
- Medical expenses
- Future medical expenses related to their injuries
- Lost wages
- Loss of future earnings
- Property damage
- Pain and suffering
Contact Moody Law
If you have been injured in an accident involving an Uber driver or other rideshare service, it’s important to know what your legal options are for pursuing compensation for damages. To find out which legal options are right for you, please contact our practice to schedule a consultation at our law firm.