South Florida Uber and Lyft Accident Injury Lawyers

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Miami Personal Injury Lawyer Explains Uber and Lyft Accidents More than 58 million Americans use Uber, Lyft or another rideshare transportation option to get from A to B. These companies offer convenient travel through just a few steps on their apps, but at what cost to the passengers and drivers? Essentially, anyone who can pass a background check can qualify to be an Uber or Lyft driver, classified as independent contractors. Florida has more than 100,000 Uber drivers alone, with countless more driving for other rideshare platforms. These high traffic numbers increase your likelihood of being in an auto accident.

If you’ve been injured in an auto accident involving a rideshare company, please contact us in Miami today at (855) 375-3727 for a FREE case evaluation. The Hickey Law Firm serves the Miami, Florida area and nationwide.

Uber Accidents for Drivers and Passengers

Partner Injury Protection is offered to all Uber drivers as of August 1, 2018. Drivers have insurance protection from the second they accept the trip or delivery and continues through the end of the ride. This driver safety plan provides coverage to all drivers and delivery affiliates.

The plan includes the cost of emergency medical treatment for injuries incurred while driving for Uber. You could also be eligible for lost wages if you’re no longer able to drive.

Passengers of Uber drivers are also covered under the provided insurance as long as the driver was at fault. If another driver, company, or individual is responsible for the accident, Uber passengers file claims against them. Pedestrian accidents are also a concern, which can include crashes where you’re the rider, and your driver hits a pedestrian or a situation where you’re the injured pedestrian.

Lyft Accidents for Passengers and Drivers

Both rideshare companies require drivers to have personal liability insurance for when driver mode is off, but they also provide coverage on top of that. Lyft offers five outlets for coverage, which includes:

  1. Contingent Liability: Available when personal car insurance does not apply, such as when the driver is in “drive mode” but hasn’t accepted a ride yet. No deductible.
  2. Primary Automobile Liability: This applies from the moment the ride request is accepted to when it’s ended. Some drivers have personal or commercial insurance to ensure rideshare coverage when they’re working. The Lyft insurance would then cover the expenses not included in the driver’s individual plan.
  3. Contingent Collision: Available for the cash value of the vehicle or repair costs, whichever is lower. There is a $2,500 deductible, regardless of fault.
  4. Contingent Comprehensive: Drivers are required to have their own comprehensive coverage. The Lyft contingent comprehensive coverage is for vehicle damage not caused by an auto accident, such as fire, theft, and environmental damage. This plan also covers repair costs of cash value with a $2,500 deductible, regardless of fault.
  5. Uninsured/Underinsured Motorist Coverage: Auto accidents with a driver who does not have insurance or adequate insurance coverage are covered when the underinsured or uninsured driver is at fault, and the rideshare accident led to personal injury for passengers and/or the driver. There is no deductible for this policy, but it varies by state.

Lyft passengers can see the insurance details of the vehicle they’re riding in by opening the app and selecting “Vehicle” on the sidebar and then clicking “Lyft insurance.”

Rideshare Insurance Claims for Uber and Lyft

Both drivers and passengers of Uber and Lyft can make a claim under their $1 million liability insurance policies. Uber and Lyft provided insurance for covered claims includes:

  • Liability for injuries and property damage up to $1 million.
  • $50,000 maximum per person injured in an accident caused by the rideshare driver.
  • $100,000 total injury liability per accident, which is the cap regardless of how many were hurt or how badly.
  • Coverage for uninsured and underinsured accidents along with hit-and-run incidents up to and more than $1 million.
  • A $1,000 deductible for crashes that were not the Uber driver’s fault, which can cover the full cash value of your vehicle.
  • $25,000 for property damage, which is the maximum compensation for vehicles or properties that were damaged due to the auto accident.

Both Uber and Lyft have 24/7 support available for emergencies and guarantee every trip is insured. The apps also have easy-to-use sections for accident claims, emergency assistance, and details of the trip to help with a police report. It’s important you contact an auto accident attorney with experience in rideshare incidents as soon as possible. We can make sure you’re compensated for all of the expenses you’ve accrued because of your injuries and impact on your life.

Do Uber and Lyft Compensate for Accidents?

Both Uber and Lyft offer up to $50,000 for bodily injury per person, up to $100,000 per crash, and up to $25,000 in property damage. Certain criteria must be met for a rider to qualify for these benefits, even in the case of serious injury.

The best way to learn if you are entitled to seek compensation beyond this offering or to make sure you are provided the full amount you are entitled to is by talking with an experienced rideshare lawyer before you accept any offers from companies representing Uber or Lyft.

How Common Do Uber/Lyft Injuries Occur?

Rideshare injuries are not incredibly common but neither are they extremely rare. An in-depth study conducted by Rice University and the University Of Chicago Booth School Of Business found rideshare accidents account for around 3% of all fatal car accidents in the United States. Injury is, of course, much more common, but still not as high as rates for private motorists.

What Type of Compensation Can I Seek in a Rideshare Accident?

Depending on the circumstances, a rideshare company may offer you compensation for property damage and bodily injury. When you hire an attorney, you can seek compensation for:

  • All related medical expenses
  • Current wages lost during recovery
  • Future wages lost due to new limitations
  • All necessary home modifications (ramps, handrails, etc.)
  • Any needed adaptive equipment (wheelchairs, lifts, mobility vans, etc.)
  • Pain and suffering

Uber and Lyft do not provide specific compensation for any of these things, rather they offer a blanket settlement intended to prevent future legal action. Neither will offer compensation for pain and suffering.

Before you accept a settlement offer from a rideshare company, talk to one of our lawyers about your rights and your options.

How Is an Uber/Lyft Accident Different From Other Kinds of Car Accidents?

Uber, Lyft, and other rideshare companies are powerful corporations with legal teams and insurance companies looking out for their best interests. When you take a rideshare company to court, you are up against its resources and, without your own legal representation, at its mercy for fair compensation.

Holding a corporation accountable for bad behavior is extremely difficult. This is another compelling reason to hire an attorney when you are injured in a rideshare accident. Remember, with Hickey Law Firm, you don’t pay a penny until you have won your case. If we don’t win, you don’t owe us anything.

If I Was Injured by an Uber or Lyft, Do I File Suit Against the Rideshare Company or the Driver?

When you are injured by a rideshare driver who is logged into the app and accruing driving hours, the claim is filed against the rideshare company. When a driver is not logged into the app, they are driving on personal time – even if they have passengers – and can be held personally liable for any damages that result from the accident.

The best way to determine which course of action is appropriate is with the assistance of an experienced and qualified rideshare injury lawyer. Give us a call today to schedule a free consultation and let us help you understand your rights.

Who Will Pay My Bills if I'm Hit by an Uber or Lyft Driver? 

The driver who is liable for the accident can be held accountable for damages. Both Uber and Lyft require their drivers to carry insurance and both companies provide supplemental insurance as well. While this likely means that victims will be covered, it can make seeking compensation more difficult.

When you are injured in an accident caused by a rideshare driver, it is a good idea to contact an attorney for assistance as soon as possible.

Does Uber or Lyft Notify a Person's Insurance? 

No. Neither Uber nor Lyft will call your insurance company to determine what coverage you have. However, you may violate your contract if you do not inform your insurer and purchase rideshare coverage.

Can Insurance Drop You if You Drive Uber or Lyft?

Yes. You may be dropped by your insurance provider if you are driving for pay. Most private insurance policies expressly prohibit driving for hire, though several offer a rideshare endorsement for an additional fee.

Most private insurance policies without a rideshare endorsement will not pay for an accident that occurs while you are driving for hire, covering you only during those times you are not logged into the app as on-duty. This is entirely dependent on your insurance policy and should be discussed with your agent.

Does an Uber or Lyft Driver Need to Inform Their Insurance? 

Yes. If your insurance company does not offer a rideshare endorsement and has not been informed that you are driving for hire, your coverage may be terminated. This is dependent on the specifics of your policy and should be discussed with your insurance agent.

What if You Do Not Have Rideshare Insurance While Working at Lyft or Uber?

Both Uber and Lyft offer supplemental insurance for their drivers while they are logged into the app and actively working. Both companies also require drivers to carry personal insurance. If you do not have rideshare insurance, your insurance company may drop you when they find out you are driving for a rideshare company. If Uber or Lyft finds that you are driving without proper insurance, they may terminate your contract. This is dependent on the specifics of your contract.

When Uber and Lyft Insurance Policies Apply and When They Do Not

The goal of insurance companies is to pay as little as possible, so while these coverage plans seem adequate, you may still have trouble recovering the full cost of your medical expenses and pain and suffering. The coverage is dependent on whether the driver is logged onto the app and whether they are transporting passengers at the time of the accident.

There are stipulations to when Uber and Lyft insurance policies apply, such as:

  • If the driver is not using the Uber or Lyft app to provide rides, their personal car insurance coverage will be liable for your injuries and the overall costs of the accident, not the rideshare company’s insurance. Drivers are required to carry insurance that meets state standards.
  • If the driver is logged into the app but has not accepted a ride request, the rideshare company’s liability coverage applies if the driver was found to be at fault.

Contact Our Rideshare Accident Attorneys in Miami

If you’ve been injured in an auto accident involving a Rideshare, please contact Hickey Law Firm in Miami, Florida today for a FREE case evaluation. Call (855) 375-3727 or fill out the consultation request form below! Our experienced lawyers serve clients in Miami and surrounding areas of Florida and nationwide.