Nowadays, calling an Uber or getting a Lyft is easier than ever, with each company rapidly expanding its footprint in Florida and beyond. As with any transportation service, there is a possibility of getting into a car accident when using Uber or Lyft. Can you sue the companies if you are involved in an accident with one of their drivers? The answer, unfortunately, is no. However, you may be able to file a claim with their insurance product and the driver’s insurance. Our Miami rideshare accident attorney can help evaluate your case and determine if you may have a claim and how to pursue it.
Uber and Lyft and Vicarious Liability Laws
Florida vicarious liability law states that an employer can be held responsible for an employee’s negligence if it occurs in the context of their employment. However, the negligent person must be an actual employee rather than an independent contractor. Uber and Lyft drivers are generally considered independent contractors. Because of this, Uber and Lyft can avoid liability for accidents caused by their drivers. So, what options do you have? An experienced attorney can help you in this situation.
Your Insurance Policy May Cover You
Florida is a no-fault insurance state. Your personal insurance policy may pay for your medical bills and costs in an accident or injury, regardless of who was at fault for the accident. But, there are often monetary limits to this coverage, and you may have damages that are not covered. For example, a no-fault claim usually does not cover pain and suffering. Additionally, if you are the Uber or Lyft driver, you may not be able to file a no-fault claim under your own policy because you were working at the time of the accident.
You May Have to File a Claim From the Driver’s or Company’s Insurance Policy
If your personal insurance does not provide enough coverage to address your damages and losses, you will need to consider if a claim against additional insurance policies should be filed. Doing so requires a determination as to who is at fault for the accident. This is a complicated endeavor, and you should seek the assistance of an experienced attorney.
Uber and Lyft drivers are supposed to carry their own insurance policies. However, these companies also have additional insurance policies their drivers can purchase. Uber, for example, offers “Optional Injury Protection” insurance. Coverage for medical expenses can be as high as $ 1 million in addition to other coverage. Depending on how much coverage a particular driver has, you may be able to file an at-fault claim through their personal insurance and potentially additional insurance.
Speak With An Attorney Right Away
If you’ve been in an Uber or Lyft accident and you’re not sure what you need to do, you should contact a lawyer for advice. The sooner you do so, the better able you are to protect your rights. In Florida, you have a limited amount of time in which you may be able to file a car accident claim. The statute of limitations for personal injuries is four years. Our firm knows how to protect your rights and deal with insurance companies. Get in touch with our office today for legal help on your case.
