Fenstersheib Law Group, P.A., Personal Injury Attorneys Hallandale Beach, Florida 33009

Are Rideshares Safe?

It is hard to obtain actual numerical figures to support the notion that rideshare driving is safe, since the major rideshare companies are not completely open with their accident and driver statistics. However, there have been several reported accidents involving drivers of rideshare companies, some of which have even been fatal.

 Should I File My Lawsuit Against The Company Or Driver?

There are several factors to consider when deciding if you should file a lawsuit against the rideshare company you used or the individual driver after being involved in a rideshare accident. Such questions include: was your driver properly insured? Was the driver logged into the rideshare company’s app, thereby “on the clock,” during the time of the accident? Does your driver have a clean driving record or do they have a history of negligent and reckless driving? This type of information would need to be gathered and assessed before deciding whom would be most appropriate to file a lawsuit against. It is also important to understand how Uber and Lyft Ridesharing Law in Florida works and what needs to be done in the unfortunate event of being in an accident.

How Much Insurance Coverage Do Rideshare Companies Need To Carry To Protect Passengers Who Might Be Injured?

Most of the larger rideshare companies carry a $1 million-dollar liability insurance policy to protect customers who may be involved in an accident while riding as a passenger using the rideshare service. Victims of a Rideshare accident must contact a Florida Rideshare Accident Attorney immediately.

Does It Affect My Case If My Driver Was At Fault Or Not?

If your rideshare driver is at fault in an accident that occurs while on duty on the road, the major rideshare companies – such as Uber and Lyft – both carry an insurance liability limit of $1-million dollars for your damages. Under certain circumstances, you may also be able to recover damages from the individual driver’s policy as well. If your rideshare driver was not at fault, you still have options available to you. You can seek compensation for your damages through the at-fault driver’s insurance company or through your Uninsured/Underinsured motorist coverage (up to $1 million). In order to do that, get in touch with an Uber and Lyft Attorney at our office by calling 800-835-5762.

If I Was Hit By A Rideshare Driver As A Pedestrian, What Are My Options For Filing A Claim/Lawsuit?

Many people often question Who Pays in Uber and Lyft Accidents? The answer to this question varies, depending on the scenario of each accident. If you are walking as a pedestrian and an on-duty rideshare driver hits you, the $1 million liability insurance coverage that the companies carry will apply. However, if a rideshare driver injures you in an accident while they are not on duty, you must file a lawsuit against their personal liability coverages with their own insurance company. Rideshare drivers are independent contractors of the rideshare companies, and therefore are completely separate from the company when not driving on company time.

What Are Some Of The Common Insurance Issues With Ridesharing Services?

The major rideshare companies currently require their drivers to carry commercial insurance policies, but there is a common issue that injured passengers face when it comes to recovering damages from the policy. Since the insurance will only cover losses that take place when the rideshare company’s app is activated, and there are times when the rideshare driving may be operating the vehicle but not technically on “company time,” a question about who is truly liable may occur. Therefore, when a ride driver is going to and from their home, or are waiting to pick up another customer through the app, then their personal insurance policy must cover any loss that happens during this time. If the driver is underinsured, that can cause a big problem for a passenger who is seeking recovery damages. It has also been reported that there are instances when the driver’s personal insurance could determine that the claim is invalid and that they deny responsibility by arguing that the driver was on the job, and therefore they do not have to cover the loss.

How Difficult Is It To Recover Damages In A Rideshare Accident Case?

The level of difficulty for recovering damages in an accident will always be on a case-by-case basis. Rideshare accident claims are often similar to other kinds of vehicle collisions, but some instances may be more complex. For example, with rideshare accidents you are dealing with different types of insurance coverages, and oftentimes those different companies are arguing who is actually liable. You also have the issue of whether the driver was actually “on the job” or not, and to what extent that will play a part in whether the injured parties will be properly compensated for damages or not. An experienced personal injury attorney would be best equipped to deal with such extenuating factors. Call our office at 800-835-5762 to speak with our South Florida Uber Car Accident Lawyer. We provide Free Consultation to clients.

Can I File A Claim If I Am The Driver For The Rideshare Company And I Was Injured? 

If you were actively driving a passenger for a rideshare company at the time that the accident occurred, you will be covered by the rideshare company’s liability insurance policy plan. However, if you did not have the app open or were searching for a ride but not actually driving for the company, then you will probably not be covered by their policy. Since the main rideshare companies, such as Uber and Lyft, employs their drivers as independent contractors, you will likely need to file a claim with your own insurance company if you were not technically “on the clock” at the time that the accident took place.

What Is The Average Uber Car Accident Settlement?

While rideshare vehicle accident settlements are not usually disclosed in order to protect the privacy of the injured parties, there are a few common factors that would influence any auto collision settlement amount:

  • The amount and strength of the evidence presented for injuries sustained during the rideshare accident (medical records, witness testimonies, etc.)
  • The amount and type of insurance carried by all parties
  • The driver’s driving record, including any past accidents or history or reckless or negligent driving
  • Whether the driver was breaking the law (speeding, etc.), intoxicated, or distracted at the time of the accident
  • Whether the victim played any role in causing the collision
  • Whether appropriate background checks for the driver or vehicle maintenance was done

Will My Own Insurance Policy Help Pay For My Medical Bills If I Am Injured In A Rideshare Accident?

It is always a good idea to secure a high uninsured/underinsured motorist coverage policy in order to ensure that you’re adequately covered in any accident. In fact, some states even require it. If you are involved in an accident with an uninsured or underinsured driver, you can seek left over damages from your UM or UIM coverage.

For more information on Safety Of Rideshare Services In Florida, a free initial consultation with a Florida Rideshare Accident Attorney is your next best step. Get the information and legal answers you are seeking by calling 800-835-5762 today.

Attorney Robert J. Fenstersheib

Get your questions answered - call us for your FREE consultation at 800-835-5762

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