Dealing with the aftermath of an Uber accident in Miami can be a complex and overwhelming experience. Whether you’re a passenger, another driver, or a pedestrian involved in a collision with an Uber vehicle, understanding your rights and the claims process is crucial. In this blog a rideshare accident attorney provides an overview of Uber accident claims in Miami, Florida, helping you make informed decisions about your next steps if you’re injured in an accident.
Uber’s Insurance Coverage
When you’re involved in an Uber accident, it’s important to be aware of the insurance coverage in place. Uber provides different levels of coverage depending on the Uber driver’s status at the time of the accident:
- App off: If the driver’s app is off, their personal auto insurance applies
- App on, waiting for a ride request: Uber provides limited liability coverage of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
- En route to pick up a passenger or during a trip: Uber’s $1 million liability coverage is in effect, along with $1 million in uninsured/underinsured motorist coverage
If the at-fault driver is uninsured or underinsured, Uber’s $1 million uninsured/underinsured coverage may apply, providing additional protection. Knowing which coverage applies to your situation is crucial for your claim. It’s also important to note that Florida’s no-fault insurance laws, which we’ll cover in more detail later, play a role in how your claim is handled.
Steps to Take Immediately After an Uber Accident
Your actions in the immediate aftermath of an accident can significantly impact your claim. Here’s what you should do:
- Ensure your safety and seek medical attention if needed
- Call the police and file a report
- Gather information from all parties involved, including the Uber driver
- Take photos of the accident scene and any visible injuries
- Collect contact information from witnesses
- Report the accident to Uber through their app – you can use Uber’s trip history and accident reporting feature to document the incident
Remember, your health and safety should always be your top priority. Even if you feel fine, it’s advisable to get a medical check-up, as some injuries may not be immediately apparent.
Florida’s No-Fault Insurance System
Florida operates under a no-fault insurance system, which can complicate Uber accident claims. Under this system, you’ll first turn to your own Personal Injury Protection (PIP) coverage for medical expenses and lost wages, regardless of who was at fault.
However, if your injuries meet certain thresholds, you may be able to step outside the no-fault system and pursue a claim against the at-fault party. Under Florida Statutes § 627.737, these thresholds include:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Significant and permanent scarring or disfigurement
- Death
Understanding these thresholds is crucial when considering your options for compensation.
Determining Liability in Uber Accidents
Establishing liability in an Uber accident can be more complex than in typical car accidents. Multiple parties may be held responsible, including:
- The Uber driver
- Other drivers involved in the accident
- Uber itself, in some cases
- Vehicle or parts manufacturers, if a defect contributed to the accident
To build a strong claim, you’ll need to gather evidence that clearly demonstrates who was at fault. This may include police reports, witness statements, Uber’s trip data, traffic camera footage, and expert testimony.
Compensation You May Seek in an Uber Accident Claim
You may seek compensation for various damages, including:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Emotional distress, depending on the severity of the trauma you experienced
- Other out-of-pocket expenses related to the accident
The specific compensation you can pursue will depend on the details of your case and the severity of your injuries.
Time Limits for Filing an Uber Accident Claim in Florida
It’s crucial to be aware of the statute of limitations for filing an Uber accident claim in Florida. As of March 24, 2023, the statute of limitations for personal injury claims was reduced from four years to two years. However, the statute of limitations for wrongful death claims remains unchanged at two years. If your Uber accident occurred on or after this date, you have two years from the date of the accident to file a lawsuit, whether it involves personal injury or wrongful death.
Don’t wait until the last minute to start the process. Building a strong claim takes time, and important evidence may become harder to obtain as time passes.
The Claims Process
The claims process for an Uber accident can be complex, involving multiple insurance companies and potentially conflicting interests. Hiring an experienced Uber accident attorney is essential to help you navigate these complexities and ensure your rights are protected. Here’s a general overview of what you might expect:
- Your attorney will file a claim with the appropriate insurance company (your own, Uber’s, or the at-fault driver’s).
- They will gather and provide all necessary documentation, including medical records and proof of lost wages.
- Your attorney will negotiate with the insurance adjusters on your behalf.
- If a fair settlement can’t be reached, your attorney can file a lawsuit and represent your interests in court.
Be aware that Uber has an accident response team, which could influence how the claims process unfolds. This adds another layer of complexity when communicating with Uber’s insurers. Your attorney will ensure that you aren’t taken advantage of in this process. You also need to be cautious in your communications with insurance companies. Their primary goal is to minimize payouts, so be wary of early settlement offers that may not fully cover your damages. Let your attorney handle these communications and protect your interests.
Remember, each Uber accident case is unique, and the information provided here is general in nature. For specific advice tailored to your situation, it’s essential to consult with an Uber accident attorney who has experience with rideshare accident claims in Florida.
Time Is Critical: Protect Your Interests After an Uber Accident
Handling an Uber accident claim in Miami involves numerous complexities. From understanding insurance coverage to meeting strict filing deadlines, every step you take (or don’t take) can impact your potential compensation. Remember, evidence crucial to your case may disappear quickly, and Florida’s statute of limitations places a firm deadline on your ability to file a claim.
Don’t let valuable time slip away. Ward Ruddock’s personal injury attorneys in Miami are prepared to guide you through this challenging process. With over two decades of combined experience, we understand the intricacies of rideshare accident cases and how to build strong claims for our clients.
When you work with us, we’ll immediately begin investigating your accident, gathering essential evidence, and communicating with insurance companies on your behalf. This allows you to focus on what’s most important – your recovery.
Take the first step towards protecting your rights today. Call (305) 390-4259 for a free, no-obligation consultation. Our team is available 24/7 to address your concerns and help you understand your options. If you prefer, you can also fill out our secure online form, and we’ll reach out to you promptly.
Don’t navigate this complex legal landscape alone. Let Ward Ruddock’s experienced team help you pursue the compensation you need to move forward after your Uber accident.
Copyright © 2024. Ward Ruddock. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ward Ruddock
4770 Biscayne Blvd., Suite 600
Miami, FL 33137
(305) 390-4259
https://wardruddock.com/
