Miami Rideshare Accident Lawyer

Miami Rideshare Accident Attorney

Miami is a lively city with many residents and tourists who use rideshare services like Lyft and Uber each day. Based on the number of rideshare drivers, the likelihood of being involved in an accident with those drivers in Miami is high. If you or a loved one find yourself involved in an accident with a rideshare vehicle or driver, a Miami rideshare accident lawyer can help you decide whether you can sue a rideshare company and discuss your ability to seek compensation.

What Are Florida’s No-Fault Rules?

In Florida, all drivers must maintain no-fault insurance, which is usually considered “personal injury protection” (PIP) insurance. This insurance covers any injuries you might sustain and those of any passengers if you have a car accident.

If you are a passenger in a vehicle driven by a rideshare driver (like Lyft or Uber), the driver’s insurance usually covers your injuries, regardless of who caused the auto crash. These policies may not ultimately cover the complete amount of damages, and passengers often are unable to recover compensation for any pain and suffering damages through a claim with the rideshare driver’s insurance company.

If you were a passenger in another vehicle and you got into an accident with a vehicle driven by a rideshare driver, the PIP insurance of the vehicle driving you should provide insurance coverage for you. However, there are some financial limits to your recovery there as well.

If you were driving your vehicle and experienced an auto accident with the driver of a rideshare vehicle, you can file a claim, and your PIP insurance typically covers the damages caused by the accident. If the rideshare driver is at fault for the accident, you can file a personal injury claim in Florida against the rideshare driver.

An attorney with experience handling rideshare claims can be a valuable resource for any questions you have about recovering damages following a rideshare case in Miami, Florida.

Should I File a Claim for a Rideshare Auto Accident in Florida?

To recover damages (injuries and financial), you can file a claim against the driver determined to be at fault for causing the accident. Your damages can include:

• Economic damages (for property damage, medical bills, etc.)
• Non-economic damages (for demonstrable pain and suffering) when your injuries were serious in nature – like a permanent injury, severe scarring, or death
• Wrongful Death (if an accident results in a fatality, the surviving family members could pursue financial recovery for the wrongful death)

All rideshare drivers in Florida must carry no-fault accident insurance and commercial driving insurance, which might be available to aid your recovery. If the rideshare driver’s insurance does not fully cover your serious injuries, there may be supplemental insurance from Lyft or Uber to cover any remaining damages.

It can be challenging to file a claim for a rideshare accident. An attorney with experience handling these types of complex cases can explain the process and discuss your recovery options.

Can I Sue a Rideshare Company for My Accident in Miami, Florida?

Often, victims of accidents involving rideshare drivers may be unable to file a claim against a rideshare company because these drivers are considered independent contractors (not typical employees of the company) and are usually not hired by the rideshare companies directly. As a result, for an employer to be responsible for the driver’s potential negligent actions in a case, they would have had to be an employee of the rideshare company in question.

Some exceptions exist. A claim could be filed against a rideshare company if you can prove the company was negligent with its hiring process or directly responsible for the accident in another way. Some cases have resulted in receiving compensation from the rideshare company after it hired a driver they knew had a problematic driving history or was dangerous. Typically, suing the rideshare company isn’t a viable option.

Depending on the rideshare driver’s status at the time of the accident, the rideshare company may have an insurance policy with a high policy limit, making damage recovery from the company’s insurance possible. A knowledgeable Miami rideshare accident lawyer can help discuss these complex no-fault laws further and help figure out what options remain available for financial recovery in your specific case.

When is a Rideshare Company’s Insurance Involved in a Miami, FL Rideshare Accident Case?

In these complex cases, analysis of the relevant laws for determining liability can depend on several factors. Importantly, the level of available insurance coverage involvement depends on the status of the specific driver when the accident occurs.

• If the rideshare app is turned OFF and they weren’t actively picking up passengers, then the rideshare driver’s own (personal) insurance carrier is usually liable for any damages caused by an accident.
• If the rideshare app was turned ON and they were waiting for a passenger, then the rideshare company’s insurance carrier usually covers damages for property damage or injuries (with limited coverage available).
• If the rideshare app was ON and the driver was on their way to get a passenger or was in the process of providing transport, then additional coverage is usually available since their rideshare company’s insurance coverage is typically the primary insurance coverage available.

When an Uber driver is at fault, you can file a personal injury claim against the driver, and Uber’s insurance carrier typically becomes involved. If you were in an Uber vehicle at the time of your crash, you may be able to bring a claim for your injuries – regardless of who was at fault.

An attorney who has successfully handled rideshare cases in Florida can further discuss the liability insurance available for your individual case.

How Long Do I Have to File a Claim After a Rideshare Collision in Miami?

In Florida, the statute of limitations for a personal injury action is two years from the date of the accident to file a claim. If your loved one suffered a fatality as a result of an accident with a rideshare driver, you have two years from the date of the accident to sue for wrongful death.

Time is of the essence when exploring your ability to recover compensation from any property damage or injuries following an accident. Missing the relevant deadlines to file a claim can preclude your financial recovery and bar your legal recourse. Speaking with a well-informed attorney can help you learn more about the deadline to file your claim and help determine an appropriate next step.

FAQs

Discuss Your Rideshare Injuries with Experienced Miami, Florida Personal Injury Attorneys

If you or a family member has been in an accident involving a rideshare, a Miami personal injury attorney with experience handling rideshare cases can help. Our skilled legal team has extensive knowledge of relevant laws for rideshare claims and the legal resources to investigate your specific case. We can ensure the process is as simple as possible for you while fighting to get the maximum compensation you deserve.

We can fight for appropriate compensation and make sure the entire legal process is as simple as possible. At the Law Office of Alexander Alvarez, we can discuss your available options with a free initial consultation. Contact our office right away to set up an initial consultation.