Ridesharing (through companies like Lyft and Uber) has become a popular means of getting around Florida, where public transportation is often inadequate. Many people are hurt by these vehicles.
If you or a loved one has been injured or someone has died in a crash involving ridesharing vehicles, you may be entitled to compensation for your losses. But questions arise as to who is responsible for your accident—like the driver, the rideshare company, or both. Perhaps the at-fault party was the driver of another vehicle that hit your rideshare car. Whose insurance should you turn to, whether you should settle for the payment an insurance company offers, or whether you should you bring a lawsuit for personal injury or wrongful death are all questions you can discuss with a lawyer.
Since rideshare drivers work as independent contractors, the legal issues concerning liability can be confusing. You have the right to retain legal assistance to help you sort through Florida law and insurance requirements, so you can concentrate on your recovery.
A West Palm Beach ridesharing accident lawyer from Chalik & Chalik Injury Lawyers can offer guidance and assistance. We can investigate the circumstances of your ridesharing accident and handle the legal hurdles involved with proving liability and pursuing a settlement. We provide a free consultation to talk about your individual situation and to explain how we can fight for your rights.
Call Chalik & Chalik Injury Lawyers at (561) 899-5020 for your free case evaluation today.
What to do After a Rideshare Accident in Florida
If you have been injured in a ridesharing accident in Florida, you have the choice of filing an insurance claim or trying to get compensation through a lawsuit. In either case, you may want to take certain steps to get assistance and information that is vital to your case. These are:
- Get medical attention to evaluate and document your injuries
- Get contact information about the driver, the rideshare company, and information from drivers of other vehicles that may be involved (also get contact information from any witnesses)
- Make sure the driver reports the collision to the ridesharing company—or call yourself
- If possible, take photos or videos of the accident scene, your injuries, and any property damage
- Call police for help getting vital information (such as location of traffic cameras) and to make sure there is a police report
A West Palm Beach ridesharing accident lawyer at Chalik & Chalik can help from the start. Call (561) 899-5020 today.
Filing Insurance for Ridesharing Accidents
Because Uber and Lyft hire independent contractors who drive their own personal vehicles, dealing with insurance can be complicated. Florida is a “no fault” state, so anyone injured in a crash must turn to their own insurance first—unless their injuries are severe enough to go beyond no fault. If your injuries are severe (such as permanent injury, disfigurement, serious burns, or death), you may pursue a claim against the insurance of the at-fault party.
However, after a rideshare accident, you may be dealing with not only your own insurance company, but the rideshare company’s insurance company, the driver’s personal insurance, and the insurance of any other driver who was involved.
In May 2017, Florida Governor Rick Scott signed into law CS/HB 221, which deals with requirements for ridesharing services—including insurance coverage. The amount of coverage varies depending on the circumstances, as follows:
If rideshare drivers are logged into the rideshare app but have not yet picked up passengers, there must be certain plans in place—including:
- $25,000 in property damages
- $50,000 in death and bodily injury per person
- $100,000 in bodily injury per accident
- Personal injury protection (PIP) insurance and uninsured/underinsured motorist (UIM) coverage
If drivers are transporting passengers in their vehicle:
- $1 million liability coverage for bodily injury, property damage, and death
- PIP and UIM coverage required by Florida law
If drivers are not on duty, their own insurance coverage applies.
Filing a Lawsuit for a Rideshare Accident
Insurance companies are out to make profit and will often try to get you to accept the lowest amount possible, or insurance coverage may not be adequate to cover your losses. In these cases, you may want to file a personal injury or wrongful death lawsuit after a ridesharing accident. A wrongful death lawsuit is a personal injury case filed on behalf of the family or estate of the person who has died.
You and your attorney would need to prove that another party was at fault or negligent for causing you harm, in the case of filing a personal injury case. You would need to show that:
- The defendant owed you a duty of care not to cause you harm
- This duty of care was breached
- This breach caused your injury
- You suffered financial harm as a result
Possible negligent parties could be:
- The rideshare driver
- The rideshare company
- The vehicle or parts manufacturer
- The driver of another vehicle
Compensation You May Receive
In a successful Florida personal injury lawsuit, you may receive compensation for your damages.
Compensatory damages include economic damages for quantifiable monetary losses including:
- Medical and rehabilitative expenses
- Property damage
- Lost wages and future earning capacity
- Non-economic damages, such as pain and suffering and loss of consortium
Contact Chalik & Chalik Injury Lawyers for Help
Be aware that § 95.11 of the Florida Statutes imposes a deadline that is generally two years from the date of injury to file a personal injury suit. The sooner you call, the more time we have to gather evidence, investigate your case, and take legal action to get you justice and compensation.
Call a West Palm Beach ridesharing accident lawyer at Chalik & Chalik Injury Lawyers today at (561) 899-5020.
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