Uber Driver Fault In Florida
Michael Babboni
Car Accidents
Today, rideshare services like Uber and Lyft are incredibly important for millions of commuters. These offshoots of the taxi driver model provide services to plenty of people, and earn a decent living in many cases when they do so.But what happens when an accident occurs involving an Uber or Lyft driver? If the driver acted recklessly or negligently, what rights do those who are hurt by them have? It’s an important question to ask, and when you consider Florida’s already confusing insurance regulations, it becomes even more complex.
Florida’s PIP Law
Florida is one of the more unique states in the country in that it still uses PIP insurance coverage. All drivers in Florida are required to carry a minimum of $10,000 in Personal Injury Protection insurance. Essentially, this covers the medical costs and lost wages that a driver will suffer in an accident no matter who is at fault.
But, that PIP coverage only covers 80 percent of medical costs and around 60 percent of lost wages. And it provides no real coverage or damage to property. But, as with any other state, when a driver is hurt through negligent or reckless actions of someone else, they may have the right to sue for damages and receive financial compensation.
Under Florida law, those who are injured in an accident that was caused by the negligence or recklessness of someone else may be able to file a personal injury lawsuit and get compensation. Often this may simply involve getting the appropriate compensation from an insurance policy, but in other cases it may mean seeking direct compensation from the person responsible.
In either case, standing up to the other side requires a skillful legal expert who understands how to get the amount that an injured person truly deserves. It’s already a complicated process that involves a lot of different variables, but with ridesharing operators things get even more complex.
What About Uber Drivers?
Uber and Lyft drivers are independent contractors. In an accident involving a trucking company’s driver, the company may be required to pay for the damages since they assume responsibility for their employees.
But with Lyft and Uber, things are different. Uber and Lyft drivers aren’t technically considered to be employees – they contract out on their own. As such, the company can sometimes be able to separate their legal responsibilities in the event of an accident.
Uber and Lyft do have some insurance policies in place. If the driver is logged into the app but has no ride accepted, Uber’s insurance won’t provide any coverage for collision – but will provide liability coverage for third parties involved in the accident.
If a driver is transporting a customer, however, the company has a very large insurance policy in place that will cover everything from personal injury to third party injury to collision coverage for the Uber car and those others involved. But, this only comes into play if the driver’s personal auto insurance fails to cover all of the expenses.
The Bottom Line
The bottom line here is simple – an Uber or Lyft driver’s insurance policy will be responsible for the damages that occur during an accident. But, if the damages exceed their coverage, then the rideshare company’s policy may help cover the remaining costs.
Additionally, it may be possible to file a personal injury claim against the driver if it can be shown that they acted negligently or recklessly. This often requires the help of a very experienced personal injury attorney, as the complexities involved in the legal side of the situation are beyond the scope of what the average person can usually handle.
Talking to an accident lawyer is well worth doing, and could help you get back on your feet after being hurt in an accident caused by a reckless Uber or Lyft driver.