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Personal Injury and Wrongful Death Claims
Getting in an accident, no matter the circumstances, can be devastating. However, rideshare accidents carry a particular set of challenges that make getting the compensation you are entitled to more challenging. This is why you need a rideshare accident lawyer in Miami, like our experienced team at Whittel & Melton, who can help you navigate this difficult situation.
Whether you live in Miami or elsewhere in Florida, we have offices across much of the state. For the past 10 years, we have worked hard to understand the complex rules and laws surrounding rideshare accidents in Florida.
If you have been involved in a rideshare accident, it is crucial that you get the legal help you need as soon as possible. Without professional legal counsel, you risk missing out on the compensation you deserve.
As a no-fault state, Florida law requires individuals to use their own insurance before making a claim with another party.
Every driver in Florida must have personal injury protection (PIP) insurance. This includes up to $10,000 in coverage for medical and other accident-related costs. To access your PIP funds, you must get medical attention within 14 days of the incident.
When your accident-related expenses exceed what your PIP insurance covers, then you can try making a claim with the rideshare driver’s insurance, or possibly with the rideshare company itself.
You can pursue other legal actions against the driver if those claims are denied, including filing a lawsuit. In Florida, this requires proof of severe injuries. There are limits on what is considered a severe injury.
There may be a third party who is liable for your injuries in some situations. This may include:
Yes, you can file a lawsuit against a rideshare company. Thousands of individuals and organizations already have. However, it’s not easy, mainly because rideshare companies usually do not classify their drivers as official employees. Instead, the drivers are employed as independent contractors. This designation greatly limits the liability of Uber and Lyft.
One factor that may allow you to sue a rideshare company is if it negligently hired an unqualified driver. In Florida, there are strict requirements for becoming a rideshare driver. These include:
After the $10,000 from your own PIP insurance, the amount you can claim from either the rideshare driver or the rideshare company will depend on what the driver was doing when the accident happened.
Three distinct situations may apply to a rideshare accident.
1. Driver was Traveling with a Passenger and Rideshare App Was Activated
With this type of scenario, you could try filing a claim through the company’s commercial insurance. These policies usually include up to $1 million for third-party liability and up to $250,000 for underinsured and uninsured drivers.
2. Driver was Waiting for Job with Rideshare App Turned On
In this situation, you might be able to file a claim with both the driver’s personal insurance and the company’s contingent liability insurance. Contingent liability coverage typically includes up to $50,000 per person for injuries and up to $25,000 for property damage.
3. Rideshare App was Turned Off
If a rideshare driver is not actively working or waiting for a ride, you can only file a claim against their personal insurance.
Most insurance companies will do whatever they can to avoid paying a claim. Here are some of the potential roadblocks you may encounter:
With so many challenging situations, it is crucial that you hire a rideshare accident lawyer in Miami as soon as you can after an accident.
Being involved in an Uber or Lyft accident can be traumatizing, whether as a passenger or driver. However, it is crucial that you take the proper steps at the right time to ensure the best outcome.
Here are some of the most important things you should and should not do after a rideshare accident:
With over 10 years of experience, Whittle & Melton understand the complexities of car accidents involving an Uber or Lyft driver. We will give you the best legal counsel we can to ensure you get the compensation you are due.
Want to learn how we can help you? Contact Whittel & Melton and set up a free consultation today. We are available 24/7.