Uber/Lyft Accidents are more common than some would think. If you or a loved one have been injured in a rideshare accident, learn more below and contact Elstein Legal for a consultation.
Uber, Lyft and other transportation companies revolutionized the way we look at commuting. These days, we cannot even imagine a life without opening up an app on your phone and having a car come pick you up within minutes, and Florida is no exception.
Of course, with new technology comes new issues like getting into a rideshare accident. Rideshare is a term for car services that can be summoned by using a smartphone app. While this is still a fairly new technology, with Uber having been founded in 2009 and Lyft three years later, Elstein Legal specializes in rideshare accidents and can be a priceless source of information and legal advice if you have suffered an Uber or Lyft accident.
What Qualifies As An Uber/Lyft Accident?
If you have been injured as a result of any interaction with Uber or Lyft, contact an attorney right away. The case is considered a rideshare accident if you are:
- A passenger who suffered an accident due to your Uber/Lyft driver’s negligence
- A pedestrian, cyclist or a driver in another vehicle who was injured due to a Uber/Lyft driver’s negligence
- A passenger who was injured in an Uber/Lyft due to an uninsured driver’s recklessness
- An Uber/Lyft driver who suffered an injury due to an uninsured motorist’s negligence
What To Keep In Mind About The Economy Of Rideshare:
- Uber/Lyft cars are typically owned by the driver, not the company. Therefore, the car can be used for both business and personal purposes.
- The driver is not an employee of Uber/Lyft, but a contractor.
- If the Lyft/Uber driver is logged into and currently using the app, has accepted a ride and/or has a passenger in the car, this will impact the coverage available for your claim.
Florida State Laws
Surely, each state has different laws. In Florida, a no-fault state, if you qualify for Personal Injury Protection (PIP), it could pay up to $10,000 of medical bills and lost wages, as well as a $5,000 death benefit. If you have been injured in an Uber or Lyft accident, you might be entitled to Personal Injury Protection (PIP) insurance.
Uber offers an Optional Injury protection, that costs $0.0375 per mile while on a trip, or online and available to take on a passenger/Uber Eats order. Lyft suggests buying rideshare insurance and notes that PIP benefits only apply when the app is on, the driver is either waiting for a ride, picking up a passenger or is en route
Sadly, PIP may not cover a large portion of your potential injuries and you can be left with compensation insufficient to cover the costs of your medical bills and lost wages. This is where a local Florida Uber/Lyft accident attorney can come in and be your best asset.
Different Sides Of Suffering an Uber/Lyft Accident
If You Are an Uber/Lyft passenger.
If you are hurt as a passenger in an Uber vehicle in Florida, Uber will not give you PIP benefits, no matter if you’re a Florida resident or were injured in Florida when visiting.
Lyft, however, offers those benefits. There is also a possibility to receive PIP support from the passenger’s own auto insurance company.
As well as potentially receiving PIP benefits after a crash, an Uber/Lyft passenger may be able to make a personal injury claim against another driver, if the accident was caused by the other driver’s negligence.
If You Are an Uber/Lyft driver
Both Uber and Lyft offer coverage up to $1 million per accident. Yet, it only applies when the driver is en route to pick up a passenger or there is someone in the vehicle already.
If the accident occurred when your app was on, yet you were not engaged in a ride with a passenger, you qualify for PIP benefits. However, if you are engaged in a ride, you do not get PIP benefits. You will only receive compensation for your damages if you have previously purchased a rideshare insurance, getting it is highly encouraged by Uber and Lyft.
If You Are a Pedestrian
A pedestrian can be someone who is walking, riding a bike, moped, roller blades, skateboards or electric scooter. If the pedestrian is a Florida resident, the Uber/Lyft insurance company might pay PIP benefits in the case if the app was on, but the driver was not engaged in a ride.
Uber/Lyft will not pay the benefits after hitting a non-residential pedestrian, even if the driver’s app was on. The reason is that people who are hit as a pedestrian while visiting Florida don’t qualify for PIP under a Florida law.
Like in the passenger’s case, there is a possibility that the pedestrian’s own auto insurance might cover the damages caused by this accident, if they have previously purchased it.
What To Do After An Injury
No matter which side you’re on, whether you’re the driver, passenger or pedestrian, after suffering an injury, you might feel overwhelmed, confused and hurt. Do your best to take the following steps immediately:
- Get to a safe spot, make sure to move away from traffic.
- Call the police, who will file an initial report. In Florida, any physical injury or property damage must be reported.
- Take photos/videos of the scene, your injuries as well as the surroundings. This will be very helpful for further building the case.
- Get the names and contact information of any potential witnesses, as well as the people involved: other drivers, pedestrians or other passengers in your vehicle.
- Take notes of what happened. It is easy to forget the details of such an event overtime due to shock, and you will most likely need them going forward with the case.
- Seek medical attention right away, even if you don’t believe yourself to be injured. An injury might be unnoticable due to the adrenaline brought by the accident and lead to more serious harm if not checked on immediately.
How Do I Get Paid By Large Corporations Like Uber/Lyft?
Elstein Legal is here to help. We see too many large and powerful corporations taking advantage of victims, be it the driver or passenger. Unfortunately, insurance companies of businesses this caliber are often penny pinchers when it comes to compensation, and might not pay out the full amount you are actually entitled to. They can use the fact that you might not have enough information on the matter, and without legal representation, will not be able to determine just how much you are actually entitled to.
Even if you have researched and collected all the information necessary to determine the claim, we are happy to make your life easier. It can be tough to put all the information about compensation and benefits together as it is, and especially after you have been injured. Direct your energy to feeling better both physically and mentally, restoring your life balance. Contact Elstein Legal so we can assist with your case, helping out with advice and all the legal guidance you might need.
Why Choose Elstein Legal As Your Uber/Lyft Accident Law Firm in Miami?
We’ve laid out all the necessary information above for you to best understand how crucial choosing the right Uber/Lyft accident lawyer in Miami, FL can be. Many, if not most, Miami personal injury law firms will promise to deliver the best possible results.
Elstein Legal, however, has a proven record of successfully representing Uber/Lyft accident victims and has recovered millions of dollars on behalf of former clients. In addition to having extensive experience working as an attorney for another Miami firm, he has litigated various personal injury cases for past clients against Uber/Lyft drivers. Throughout this experience, Brian L. Elstein saw exactly how defensive insurance companies can be. He now uses everything he learned to provide clients like you with unbeatable representation as a leading Uber/Lyft accident attorney in Miami