Who Can I Sue After an Uber Accident in Orlando?
Nowadays, getting an Uber is more common than hailing a cab at the side of the road. However, with more Uber drivers on the road, accidents involving rideshare vehicles have also increased, sometimes resulting in severe injuries or even fatalities. If you’ve been involved in an accident in an Uber, you may wonder who is responsible for covering your damages. In some cases, you may be able to sue Uber directly, while in others, the Uber driver is liable. Read on to learn more.
Who Is Responsible for an Uber Accident?
As mentioned, Uber may be responsible in some instances, while in others, the driver is liable. Now, if the Uber driver causes an accident, they may be at fault. However, depending on the circumstances of your case, Uber’s insurance may cover the damages. Uber may provide coverage under the following conditions:
- If the driver had a passenger on board or en route to pick one up, Uber’s $1 million liability insurance applies, covering injuries and property damage from passengers and third parties.
- If the driver is logged into the app but had not yet accepted the ride request, Uber may provide limited liability coverage, which may contribute to damages if the driver’s insurance is insufficient.
- If the driver was offline, the driver’s auto insurance applies, as Uber isn’t responsible in this case.
Can You Sue Uber Directly?
In most cases, Uber drivers are hired as independent contractors, not Uber employees. As such, suing Uber directly can be challenging. However, if you can prove that Uber failed to conduct proper background checks and hired a driver with a poor driving record or allowed a dangerous driver to continue working, the company may be held accountable. An experienced attorney can advise you if you can sue Uber based on the circumstances of your case.
When Is the Uber Driver Personally Liable?
An Uber driver could be personally liable for an accident if their negligent behavior caused the crash. Some common examples of negligence include:
- Speeding
- Distracted driving
- Driving under the influence (DUI)
- Reckless driving
How Florida’s No-Fault Insurance Laws May Affect Your Uber Accident Claim
In Florida, no-fault insurance laws apply. This means that after an accident, your insurance covers medical expenses and lost wages, regardless of who was at fault. However, if your injuries meet Florida’s serious injury threshold, you may be able to file a claim against the Uber driver Or Uber’s insurance company.
To qualify to file a personal injury lawsuit in Florida, you must meet Florida’s serious injury threshold, which typically includes the following:
- Permanent loss of a bodily function
- Significant and permanent scarring or disfigurement
- Permanent injury
- Death
How Long Do You Have to Sue Uber or the Uber Driver After an Accident?
As with any other car accident case, you have a time limit to take legal action. According to Florida Statutes § 95.11(5)(a), you generally have two years from the accident date to file a lawsuit. If you miss this deadline, you may lose the right to seek compensation.
Contact an Experienced Car Accident Lawyer Today
If you or a loved one has been involved in an Uber accident, our Orlando car accident lawyer at The Pendas Law Firm can review your case and help you recover the compensation you deserve.
The Pendas Law Firm also represents clients in the Ocala, Fort Lauderdale, Tampa, West Palm Beach, Miami, Daytona Beach, Jacksonville, Bradenton, Fort Myers, Naples, and Melbourne areas.
Source:
uber.com/us/en/drive/insurance/