Florida Uber & Lyft Accident Lawyers

A ridesharing accident, whether with Uber or Lyft, can profoundly affect your life. At Dennis Hernandez Injury Attorneys, we recognize the stress you’re experiencing and are equipped to help. Our skilled auto, truck, motorcycle accident attorneys in FL are dedicated to advocating for your rights and offering the support you need.

Contact us today at (855)•529•3366 for a free consultation. We will clarify your rights and discuss your options with you.

What Makes Uber and Lyft Crashes Different From Other Car Accidents?

Rideshare cases often begin with an important question: Was the driver using the rideshare app during the incident? If so, when was the app in use? This seemingly simple detail can significantly influence which insurance policy is applicable to the situation. Additionally, it can change the coverage limits available to the injured person. It also decides which party must defend against the claim.

It is important to note that Uber drivers are typically classified as independent contractors rather than employees. This classification can have profound implications on how a case is constructed and framed legally. The liability may not only fall on the driver. It could also include the rideshare company. This can affect how you pursue compensation.

Additionally, these cases involve many complexities, often called “moving parts.” As an injured party, you will likely need to interact with multiple insurance companies. This includes the driver’s insurance provider and the rideshare platform’s insurer. You may also have to deal with another driver’s insurance carrier. Each of these entities has different policies and procedures. Therefore, it is crucial to approach the situation with a clear understanding of the legal landscape.

Understanding Rideshare Insurance Complications and Florida Regulations

Rideshare coverage varies by different “phases.” One phase occurs when the driver is logged in, another when they accept a ride, and the final phase is when a passenger is inside the vehicle. Insurance companies may dispute which phase applies, arguing about timestamps or whether the trip has ended. Often, the rideshare platform’s policy is not the primary coverage. An attorney experienced in these claims understands common disputes and knows how to obtain the necessary records.

Florida has established regulations concerning coverage for transportation network companies, emphasizing the importance of primary coverage, especially when a driver is logged into the app or actively on a trip. The key takeaway is that the app’s status is crucial, with coverage typically increasing when a ride is in progress.

A competent attorney should clarify these points without exaggeration and explain how these factors influence your claim strategy.

Uber/Lyft Insurance Coverage

In many rideshare accident cases, there are three important time periods that can affect the outcome of a claim. The first window is referred to as “app off.” While the rideshare driver is not using the app, it is similar to regular private driving. This means that the driver may not have any rideshare insurance coverage in place.

The second window is known as “app on, waiting.” In this scenario, the driver has the app open but has not yet accepted a ride. This often activates a certain level of insurance coverage. This coverage may offer some protection, but it is usually less than what is available during an active ride.

The third window is when the driver has accepted a ride or has a passenger in the car. This situation usually triggers the highest coverage limits. This provides the most protection for both the driver and the passenger.

A skilled attorney will understand the importance of these timing windows and will request proof early in the process. They will ask for app logs and ride records. These documents show the timing of events. This information can be very important for building a strong case for compensation.

Who Can Be Responsible for a Rideshare Crash?

Liability depends on the details of the incident and what everyone involved did. It is not just the rideshare driver’s fault.

Other factors that may contribute to liability include:

• Another driver’s actions causing the crash.
• Road hazards impacting safety.
• Defective signal timing.
• Distractions faced by the rideshare driver.

In many accidents, it is possible for multiple parties to share the blame. In Florida, if you are partly at fault for the accident, your compensation may be lowered. This reduction depends on how responsible you are for the accident. This is why conducting an early investigation is essential to determine who is liable. A skilled personal injury lawyer can help explain the details of fault. They will guide you in collecting evidence. Taking these steps early on can significantly impact the outcome of your case and your potential recovery.

What Should You Do Right After a Rideshare Crash in Florida?

If you’ve been in a rideshare accident, taking specific steps afterward can significantly improve your chances of recovering the damages you deserve. Start by seeking medical treatment for your injuries. Be sure to describe in detail any pain you’re experiencing since the accident.

After you’ve received medical care, follow these steps:

• Contact the police.
• Document the details of the accident.
• Collect contact information from any witnesses.
• Use your cellphone to take photos of the scene.
• Avoid signing any documents until you’ve consulted with a rideshare lawyer.

Next, report the accident to your insurance company. While it’s not necessary to provide a recorded statement right away, you should inform them about the incident. Finally, reach out to a rideshare lawyer to help determine who was at fault and assess whether you have a valid case.

What Evidence Builds a Strong Rideshare Claim?

Strong cases rely on clear evidence, not assumptions. A robust file typically contains medical records, bills, photos, and repair estimates. It should also include the crash report and witness statements. Digital evidence plays a crucial role in rideshare claims. App logs can indicate whether the driver was active, while ride receipts can identify passengers. GPS data can help verify timing.

Video evidence can also be significant. Nearby businesses might have security cameras. It is important for a lawyer to act fast to ask for this footage to be saved.

How Do Rideshare Claims Handle PIP and Bodily Injury Coverage?

Florida is a PIP state. This means your auto policy may be used first in many cases. PIP can help with early medical costs. It can also help with lost wages sometimes. However, it has limits.

Serious injuries often need more coverage. This can include bodily injury claims. It can also include claims for uninsured drivers. There may be issues with platform coverage too. A rideshare attorney should explain this early. They should clarify which coverages apply and why.

What Are the Most Common Insurance Tactics in Uber and Lyft Claims?

Adjusters often ask questions that may seem harmless at first. For example, they might ask about any past injuries you have had. They might want to learn about any gaps in your medical care history. They may also check your social media for information.

Besides these simple questions, adjusters may ask for broad medical authorizations. These requests can lead to unrelated medical history that does not relate to your current case.

Adjusters usually want to settle claims quickly. Getting quick money can be tempting. It may help you right away. However, the amount you receive is usually much less than what you deserve.

Because of these tactics, it is important for a lawyer to explain these strategies to you. They should also give you a clear plan to handle each tactic, so you are ready for the claims process.

What If You Were a Passenger in the Uber or Lyft?

Passengers often think that fault is “not their problem.” This is usually correct. However, proof is still important. You should document the trip. You should also document any injuries. It is important to protect your statements.

Passengers may have claims against the Uber/Lyft driver. They might also have claims against another driver. Insurance can be complicated. A lawyer should explain the easiest path first. They should also keep other options available.

What If You Were Hit by a Rideshare Driver While Driving Your Own Car?

These cases can feel like typical crashes at first. Then the platform issues appear. You may need to prove app status. You may also need to identify the correct carrier. You may need to request coverage confirmations.

If you are dealing with multiple carriers, you want a clean claim plan. That plan should cover medical documentation and liability proof.

Trust Dennis Hernandez Injury Attorneys with Your Rideshare Accident Claim

At Dennis Hernandez Injury Attorneys, we specialize in cases that significantly impact lives. We understand how stressful it can be to deal with insurance calls. We also recognize that rideshare claims require prompt action. Evidence can vanish quickly, and app records may be challenged. Our team has secured millions for injured clients. We take pride in our meticulous work and clear communication.

We are committed to ensuring you receive the compensation you deserve! If you were injured in a rideshare accident, you can request a free case evaluation. You will receive honest answers and a clear plan for your next steps.

Florida operates as a no-fault state for car accident claims. This means you usually need to file a claim with your own insurance after an accident, no matter who caused it. Your legal team at Dennis Hernandez can identify who is responsible for your accident. They will ensure that insurance coverage is applied correctly.

Recommended reading

• Florida’s transportation network company insurance framework (Florida Statutes, section 627.748) (Florida Legislature)
• Florida PIP basics for auto injuries (Florida Statutes, section 627.736) (Florida Legislature)
• Florida deadlines for negligence lawsuits (Florida Statutes, section 95.11) (Florida Senate)
• Florida comparative fault rules (Florida Statutes, section 768.81) (Florida Legislature)
• Crash report statements and evidentiary limits (Florida Statutes, section 316.066) (Florida Legislature)
• Current national traffic safety snapshot and estimates (NHTSA press release) (NHTSA)