Can I Sue If I Was a Passenger in an Uber or Lyft Accident in Florida?
Being involved in a car wreck in Florida can be a terrifying experience, especially when you had no control over the situation. This is the case for many Uber and Lyft passengers who have gone through this traumatic situation in Florida. For Uber and Lyft accident victims, getting compensation for their injuries may not be easy. You might feel lost and overwhelmed not only by your accident but also by the complexities of Florida’s laws regarding this specific type of accident. Boca Raton Uber and Lyft accident attorney Brian Schwechter invites you to keep reading as we discuss whether you can sue as a passenger in an Uber or Lyft Accident in Florida.
Liability in Uber or Lyft Accidents in Florida
You may wonder whether there is something you can do to recover compensation after an Uber or Lyft accident in Florida. The good news is that you probably can, with one caveat: Florida is a “no-fault” coverage state. Typically, the compensation you can receive comes directly from your own personal insurance protection (PIP). Under the no-fault rule, a car accident victim in Florida can obtain coverage for their losses regardless of who was at fault for the accident. However, a PIP may only cover up to $10,000 in losses. This compensation may not be enough to handle all of your expenses.
Furthermore, you may not be able to take the liable parties to court and obtain compensation for things such as pain and suffering. Compensation for pain and suffering can only be attained by filing a personal injury lawsuit, which then begs the question of whether you can file a personal injury lawsuit against the liable parties for your Uber or Lyft accident in Florida.
While the general rule under Florida’s no-fault system prevents you from filing a personal injury lawsuit against the liable driver, you may still have the option to sue through an exception. In order to obtain compensation, or “damages,” from the responsible parties as a passenger in an Uber or Lyft accident, you need to meet Florida’s “serious injury” standard. To do so, the injuries sustained in your Uber or Lyft accident must have left you with a permanent injury, significant scarring, or a loss of bodily function to qualify for a personal injury claim.
A condition such as paralysis is one example of an injury that may qualify under Florida’s “serious injury” requirement. You may establish liability and seek compensation if you meet the requirements under this exception.
Will Uber and Lyft’s Insurance Coverage Policy Cover My Injuries in Florida?
Both Uber and Lyft provide insurance coverage in the event of a car accident. These companies each have $1,000,000 in coverage for expenses related to a crash caused by their drivers, including your injuries. However, the insurance coverage provided by both rideshare companies only kicks in under specific circumstances. In other words, Uber and Lyft might provide coverage depending on three different circumstances.
First, the rideshare companies will determine whether the accident took place while the driver was in his vehicle with the app closed. Both Uber and Lyft have dedicated applications for their drivers. Each driver needs to be logged into their account in order to be covered under their company’s insurance policy. If a driver was involved in an accident while the app was closed, then the driver’s personal insurance will provide coverage for their accident.
Another scenario Uber and Lyft will consider when determining coverage is if the driver has the application open and is waiting on a potential passenger. It is possible the driver has their app open but has yet to accept a potential rider. This can change the dynamics of coverage provided by Uber and Lyft. Under these circumstances, if an Uber or Lyft driver has an accident, their company can offer a maximum of $50,000 per person, $100,000 per accident, and $25,000 for property damage.
The rideshare company’s full insurance is in effect from the moment a driver accepts a rider to the moment they drop their client at their destination. Uber and Lyft each have a $1,000,000 insurance policy covering those who were involved in a crash caused by their driver. This can include passengers as well as other people involved in the incident.
Statute of Limitations for Passengers Injured in Uber or Lyft Accidents in Florida
Every state limits the time an injured victim has to file their claim with the court. This legal time limit is known as the “statute of limitations.” Florida has a strict timeline for those who wish to file a lawsuit. According to Chapter 95 § 11 of Florida’s Statutes, personal injury victims have up to four years from the moment of their accident to file their claim.
Four years may seem like a long time to file a claim, and you may be tempted to leave your claim for later as you focus on recovering from your injuries. However, it is in your best interest to act swiftly. If you fail to file your claim in time, the court may refuse to take your case, and you may end up without a means to obtain compensation for things such as your pain and suffering. A skilled Uber and Lyft accident attorney can help you through the entire process.
Uber and Lyft Accident Lawyer Offering Free Consultations in Florida
Dealing with an Uber or Lyft personal injury claim in Florida can be overwhelming and complicated. Florida Uber and Lyft accident attorney Brian Schwechter understands how difficult your case may be and is ready to fight aggressively and tirelessly to get you the compensation you deserve following an Uber or Lyft accident in Florida. Thanks to our many years of experience handling personal injury cases, our team has developed the necessary skills to help you understand your case moving forward. Turn to our Boca Raton personal injury lawyers today for quality legal representation. To discuss your case in a free, confidential consultation, call the Schwechter Law Group today at (561) 935-9243.