Lyft / Uber Accident Lawyer

Key Steps to Take When Injured in a Lyft or Uber Rideshare Incident

Although rideshare accidents may be slightly different from any other car crash situation, below are some of the things you should do after a crash. 

• Call 911 for medical attention. Get treatment for any injuries and keep all your follow-up medical appointments.
• Contact the police. No matter what any of the drivers of the vehicle say, you need to protect your rights. The police will ensure you get treatment for any injuries, and they will gather information and evaluate the condition of all drivers involved, verify their insurance, gather evidence at the scene of the incident, and generate a police report.
• App information – ensure you gather information from the rideshare app used. Take screenshots of the ride you hired on the smartphone app that was used to hire the rideshare. Capture the driver’s information and name.
• If possible, use your smartphone’s camera to document the accident scene and location.
• Take pictures of your injuries, all the vehicles, and the license plates of vehicles involved, and take snapshots of any information the drivers or police offer you.
• Take a picture of the licenses & insurance information of all involved drivers.
• Ask the police officer for their name(s) and information.
• Get the names and contact information of any witnesses.
• Document all injuries you received during the rideshare accident. Take photos of your injuries and save any receipts and records for all medical treatments.
• Call me, Orlando Rideshare Uber/Lyft Accident Lawyer Jeremiah Jaspon, at The Jaspon Firm. – (407) 513-9515 Hiring a lawyer with extensive experience dealing with rideshare Uber/Lyft accidents is extremely important. Not all auto accident lawyers are familiar with the important nuances and laws in Orlando, Florida, that govern rideshare accidents and the injured parties. I have a proven track record of successfully representing injured Uber accident victims in Orlando and getting the maximum compensation available for them.
• Refrain from posting on social media about your accident. Often people turn to social media to share their experiences online. I recommend that you DO NOT post any information regarding your Uber or Lyft accident on social media. The only person you should discuss your accident with is me, your lawyer.

Maximizing Your Claim: Understanding the Damages You Can Recover From an Uber/Lyft Accident

If you are involved in a rideshare car accident while being a passenger, it is possible to sustain serious injuries such as fractures, spinal injuries, internal bleeding, traumatic brain injury, paralysis, or even lose your life. If a loved one is killed in an Uber or Lyft accident in Florida, you may have the option to pursue a wrongful death claim. Your lawyer will be able to help you with this.

You may file a claim for the following damages in an Uber/Lyft accident:

• Medical bills
• Pain and suffering
• Rehabilitation costs
• Lost wages
• Property damage
• Diminished earning compacity

The amounts you can recover will all depend on the extent of your injuries and the impact on your life and family. Damages such as medical bills and property damages may also be recoverable under Florida’s no-fault policy. When you call me, l can explain how it pertains to your case during your consultation.

Who’s Responsible? Understanding Liability in a Lyft & Uber Rideshare Accident.

When it comes to determining liability in Lyft and Uber accidents, things can get a bit complicated. The unique nature of ridesharing services challenges traditional notions of responsibility. Let’s break down the key parties involved and how liability is determined.

Uber and Lyft: Rideshare Companies

Lyft and Uber are recognized as “transportation network companies” (TNCs). These companies use an app that allows passengers to hail a ride and drivers to charge fares and get paid. More specifically, they are “Ridesharing” companies that hire independent drivers as contractors. These companies have their own policies and insurance coverage. However, their liability can vary depending on the circumstances of the accident.

There are three main phases of how coverage works for rideshare liability. They are outlined below using the stage the rideshare app reports at the time of the incident.

1. Off-App Liability
   When an Uber or Lyft driver is not using the app or is “offline,” Lyft & Uber liability coverage typically doesn’t apply. During this time, the driver is not considered to be working for the rideshare company but rather as a regular private vehicle owner. In case of an accident, the driver’s personal auto insurance is usually responsible for covering damages and injuries. 
2. On-App Liability – Waiting for a Ride Request:
   When the Uber or Lyft driver is logged into the app and waiting for a ride request, they are considered “on-app” but have not yet accepted a ride. In this phase, Lyft and Uber provide limited liability coverage. This coverage kicks in if the driver’s personal insurance doesn’t apply or is insufficient. However, it’s important to note that the coverage provided during this period may have certain limits and might not fully cover all potential damages. 
3. On-App Liability – En Route to Pick Up or During a Ride:
   Once a rideshare driver accepts a ride request and is on the way to pick up a passenger or during an active ride, Lyft and Uber full liability coverage is typically in effect. This coverage includes bodily injury liability, property damage liability, and uninsured/underinsured motorist coverage. This means that if an accident occurs during this period and the Uber or Lyft driver is at fault, rideshare insurance will typically be responsible for covering the damages and injuries.

Driver’s Personal Liability in an Lyft & Uber Rideshare Accident.

Lyft and Uber drivers are considered independent contractors responsible for their actions while providing rideshare services. If the driver is at fault for the accident, their personal insurance policy will be the primary source of coverage. However, it’s worth noting that some personal auto insurance policies explicitly exclude coverage while driving for hire. This may leave gaps in liability coverage.

Third-Party Liability in a Lyft & Uber Rideshare Accident.

If a third party, such as another driver or a pedestrian, is involved in the accident, their own liability coverage will come into play. Insurance claims will be filed against the at-fault party’s insurance provider to seek compensation for damages.

Both Uber / Lyft and drivers may have separate insurance policies to address different aspects of liability. When the driver is using the app, rideshare company insurance coverage primarily applies. However, when the driver is offline or using their vehicle for personal purposes, their personal auto insurance becomes the primary coverage.

Common Injuries Seen From Uber Accidents and Lyft Accidents

Legal Protections: Ensuring Your Rights After a Rideshare Accident

Passengers and drivers involved in Lyft and Uber accidents in Orlando have legal protections available to them.

Let’s explore some key considerations to protect your rights and find the right compensation.

1. Personal Injury Claims
   Passengers who are injured in an Uber or Lyft accident may file personal injury claims against the responsible party or parties. These claims aim to secure compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from the accident. Building a strong personal injury case involves establishing liability and gathering evidence, so consulting with an experienced Orlando Rideshare car accident lawyer is important. The laws can be very confusing, and it takes a skilled lawyer to ensure that your rights are protected and that you get the compensation you deserve for your injuries from any and all negligent parties.
2. Uninsured/Underinsured Motorist Coverage
   Lyft and Uber maintain uninsured/underinsured motorist coverage to protect passengers and drivers in situations where the at-fault party lacks sufficient insurance coverage. This coverage can be a safety net when the responsible party’s insurance is inadequate to cover the full extent of damages. Uber and Lyft’s uninsured / Underinsured motorist coverage (UM/UIM) is designed to bridge the gap when the responsible party’s insurance is inadequate. However, the specific details and limits of this coverage can vary. This is why having an experienced Orlando lawyer representing who understands all aspects of the coverages is so important.

It is also important to know that (UM/UIM) coverage for Lyft and Uber in Orlando offers additional protection in situations where the at-fault driver lacks sufficient insurance coverage. This coverage helps ensure that passengers and drivers are adequately compensated for their injuries and damages in case of an accident. Understanding the specific terms and conditions of Uber and Lift’s insurance policies and personal auto insurance is crucial to fully comprehend the extent of UM/UIM coverage available in any given situation.

Does Florida Require Higher Coverage for Rideshare Accidents?

Yes, sort of… several years ago, a law was passed for certain situations that can change the amount of coverage available under Lyft’s or Uber’s insurance coverage. It has specific insurance coverage requirements depending on the rideshare app’s status as explained above.
In Florida, rideshare companies like Lyft and Uber are regulated under the Florida Statutes, Chapter 627.748, also known as the “Transportation Network Companies Act.” Drivers are referenced as (TNCs) Under this law, and there are specific insurance requirements for rideshare companies and their drivers.

Here are some key points:

Insurance Coverage During Different Periods:

Period 1: When the driver is logged into the rideshare app and waiting for a passenger request, the rideshare company must provide primary automobile liability coverage of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage. 

 

Period 2: When the driver has accepted a ride request and is en route to pick up the passenger, the rideshare company must provide primary automobile liability coverage of at least $1,000,000 for death, bodily injury, and property damage.

 

Period 3: When the passenger is in the vehicle, the rideshare company must continue to provide primary automobile liability coverage of at least $1,000,000 for death, bodily injury, and property damage.

Additional Insurance Requirements:

Rideshare companies are required to provide uninsured and underinsured motorist coverage of at least $50,000 per person and $100,000 per incident during Period 1.

 

Periods 2 and 3 already have the $1,000,000 coverage for uninsured and underinsured motorist benefits combined with the liability coverage.  

Driver’s Personal Insurance:

Rideshare drivers are required to maintain their own personal auto insurance policies that meet the state’s minimum requirements for the entire time they are logged into the rideshare app, regardless of whether they have a passenger in the vehicle or not.