AMERICA’S BEST UBER ACCIDENT LAWYERS
Were You Injured in an Uber Accident in Miami?
Uber accident lawyers have become more prevalent just as Uber has become more popular in Miami. In fact, Uber has become such a quite common option for intercity transportation in the United States that the term “Uber” has become, like Kleenex and Clorox, a generic term. You will overhear people in a restaurant or cafe, let’s grab an Uber. Although the rhetoric has built up Uber’s brand significantly, the legal procedures to safeguard the safety of users, both Uber drivers and passengers, in the event of an Uber accident have a ways to go in Florida. Uber drivers are not professionally trained, and they are not considered taxis and limos under Florida law.
Unfortunately Uber accidents are more likely than you think, especially if you are an Uber driver. There are many reasons for why Uber accidents occur, including the negligence of non-Uber vehicles on the road. However, distracted driving during the ridesharing process is a huge problem; unfortunately the Uber app requires the driver to take her eyes of the road over and over again, causing collisions in Miami and nationwide.
If you were injured in an Uber accident, it’s crucial to speak to a Miami Uber accident attorney as soon as you can. It may be difficult for you to deal with Uber’s insurance company, Progressive Insurance, to cover your past and future medical expenses and fully compensate you for your pain and suffering with regard to your injuries in the Uber. Getting the required paperwork filled out and going through the steps of filing a case can be overwhelming. The Uber Lawyer is a team of well-respected trial lawyers that will advocate on your behalf at no cost unless we win your case. Call our Miami Uber Lawyer today for your free consultation today.
Miami Uber Laws
2019 Florida Statutes lists the most current laws involving Transportation Network Providers, like Uber and Lyft, which states the insurance requirements that Uber and Lyft are held to abide by in Miami, for the purpose of providing for app users and drivers when an accident occurs. Florida’s Uber Law was codified as Florida Statute § 627.748 and took effect on July 1, 2017.
It is important to note that Florida’s TNP laws classify Uber and Lyft drivers as independent contractors, and not employees. This is important in the context of rideshare accidents in Miami, as it creates unique implications for injured Uber and Lyft passengers.
1. Under Florida Law, an Uber is not a taxicab, jitney, limousine, or for-hire vehicle.
Rather, an Uber in Miami must meet two requirements: (1) it is used by a TNC driver to offer or provide a prearranged ride; and (2) it is owned, leased, or otherwise authorized to be used by the TNC driver. Rentals are allowable.
Make sure that your Uber accident is classified properly by the agent assigned to your case so you are receiving your maximum compensation for your injuries by consulting with a knowledgable Miami Uber accident lawyer.
2. An Uber Driver is not classified as an Employee under Florida Law.
Pursuant to Florida Statute § 627.748(9), an important limitation should be noted for personal injuries involving Ubers and Lyft cars. TNC drivers, otherwise Uber and Lyft drivers, are classified under Florida law as independent contracts and not employees. This severely limits the potential liability of Uber and Lyft being that they are not responsible in the same way that an employer is responsible for employees actions in a typical lawsuit. However, Florida law requires certain criminal and driving history background checks that, if violated, may give an injured party the opportunity to file a lawsuit against Uber.
3. Uber must possess special insurance to cover victims of accidents in Miami
Florida Statute § 627.748 outlines the insurance requirements that Uber must abide by during its public use in Miami. As a no-fault state, Florida mandates that all drivers carry minimal personal automobile insurance in the amount of $10,000 Personal Injury Protection (PIP coverage) and $10,000 Property Damage Liability. However, Florida’s Transportation Network Provider laws require that Uber carry additional insurance protections to protect its drivers and passengers while driving in Miami. Each insurance coverage requirement is defined by the period of transportation that the rideshare vehicle is engaged in.
For details on the coverage offered by Progressive Insurance contained within a Certificate of Insurance, click here.
Uber Driver’s Insurance Coverage in a Miami Uber Accident
In general, Florida law requires that Miami Uber drivers are entitled to insurance policies, while logged on the Uber app, but not engaged in a ride, consisting of $10,000 Personal Injury Protection, $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage.
However, if a Uber ride is ongoing, both the Uber driver and passenger are entitled to a required insurance policy of $1 Million if any party is injured during the course of that Uber ride. Under Florida law, an Uber trip begins once the driver pairs or accepts a trip and terminates when the rider leaves the vehicle.
Although a $1 Million policy may seem generous at first glance, insurance companies will be eager to downplay your injuries and limit their liability to your Uber personal injury lawsuit. That is why it is crucial to protect your rights as a victim with a knowledgable Miami Uber accident attorney.
Would you rather hire a Florida car lawyer that’s a so-called Jack-of-all-Trades, or one that’s King of the Hill?
Are You the Victim of an Uber Accident in Miami?
Call the Uber Lawyer now to learn your rights
How to Recover after an Uber Accident in Miami
In terms of recovering money if you are injured in an Uber accident, you can attempt to go about the process yourself and deal with Uber’s insurance company as well as your own. Remember though, that there are insurance pitfalls when dealing with an insurance company, as they are not in the business of handing out cash.
Before you are able to recover any money from your Uber accident, you will have to file a claim with Uber’s insurance company by going through the required prompts in Uber’s mobile interface and/or file a personal injury lawsuit against the defendant in a proper Florida court.
If injured in a Miami Uber accident, there are a few targets of note for your maximum recovery:
1. Your Personal Insurance Company
2. The At-Fault Driver’s Insurance Company (Uber Driver’s if at fault)
3. Uber’s Commercial Insurance Company (as required by Florida law)
If you are hurt and are looking to recover a fair and adequate cash recovery from an Uber accident in Florida, consult with a knowledgable Uber accident lawyer who has represented rideshare victims and had success in recovering fair and adequate compensation for rideshare injuries.
What I should do after an Uber Accident in Miami
Immediately call 911 for medical attention. Don’t allow another driver talk you out of calling the Miami PD. If the accident in Miami is a result of solely cosmetic damage to a vehicle in a parking lot or another non-emergency, you can reach the MPD at (305) 579-6111.
It is important to note that having a police report is essential in your Uber personal injury lawsuit. The police report will typically include details of the car accident, including interviews, potentially recorded, and photos of the accident.
If the Uber accident is not serious, try to get the other driver’s license and insurance information, in the event that the MPD officer doesn’t make the information available to you in his report. If you are an Uber passenger in Miami, subsequent to an accident on a roadway, try to get all the insurance information from the Uber driver.
When you are able, remain in a safe area from traffic and photograph the Uber vehicle and other vehicle(s) involved to provide information for possibly an accident reconstruction to explain your case, and collaborate your side of the Miami Uber accident.
After dealing with the responding officer, if you were not taken by EMS to a hospital, it is important to get seen as soon as possible by a doctor if you have any symptoms of pain or discomfort. Even a feeling like a sprain or slight tension in your neck or back immediately following the accident can culminate within the next few days to being a serious back or neck injury. Getting seen immediately by your Florida physician insures your safety and guarantees that you will have medical records documenting the significance of your injury following an Uber accident. It also disallows Miami defense lawyers from arguing that you were not injured in your Uber accident “bad enough” because you did not immediately seek medical attention.
Alert your personal insurance provider immediately following the Uber accident. Inform your insurer that you have been involved in an Uber accident in Miami. You should hire a knowledgeable Miami Uber attorney to conference in on the call; especially if you are under the influence of medication, your statement may become skewed and used against you in your future Uber lawsuit.
It may be tempting to go through the process of filing a claim with your insurer yourself, but it is better to avoid the possibility of getting a denial of benefits claimed in your Uber lawsuit by consulting with a Miami Uber accident lawyer who has had experience in the process.
What can I Sue for in an Uber Accident in a Florida Court
Under Florida law, a party may be sued if it contributed to your Uber accident injuries. Consult a Miami Uber accident lawyer to determine which causes of action may be pertinent to your accident.
- Uber Product Liability: Depending on the facts of your Uber accident, a claim may be made against Uber or the Transportation Network Provider for implementing an illegal product onto the roadways. Many Uber accidents occur because of the Uber driver failing to maintain proper lookout due to pairing with new riders for the next Uber ride.
- Uber Driver’s Negligence: You may file a lawsuit against the driver should you decide not to settle with Uber’s driver’s insurance company. You must prove liability in the Uber accident, that the driver was in fact negligent and that negligence was casually related to your injuries sustained in the Uber car.
- Manufacturer Defects: If you believe that a defect in a product, such as a tire or fault brakes, contributed to the Uber accident, you may have a valid defective product liability claim.
Damages Available in a Miami Uber Accident Lawsuit
What is the Value of my Uber Accident Lawsuit
In Florida, damages for an Uber accident care depend on the facts of your injury, whether it is soft tissue damage or a spinal fracture. Even if you suffer soft tissue injuries, you have rights that are meant to compensate you for medical bills and otherwise. This is why our legal system is built on compensating the victim’s expenses and pain and suffering with money damages. Some damages that will help you determine the value of your Uber accident case are:
* Medical Bills
* Loss of Income, present and future
* Disability Care
* Chronic Pain
* Household Services
* Loss of Enjoyment
* Loss of Consortium
* Emotional Distress
* Property Damage
Call The Uber Lawyer today to help you navigate your Uber accident lawsuit in Miami. Our lawyers are here to speak to 24/7 to help you analyze your personal injury Uber lawsuit and aggressively fight on your behalf.
Jeremy, Personal Injury Client
The Uber Lawyer was able to negotiate a settlement with Uber that was outrageously higher than expected.
Michael, Personal Injury Client
I contacted Sean O’Bryan. I received my settlement quicker than expected and more importantly I was treated with incredible care and professionalism.
Christina, Estate of Decedent, Personal Injury
We hired Sean and he was compassionate, excellent attorney who did an exceptional job fighting on my family‘s behalf for my brother’s legacy. He also WON our CASE and I just wanted to say THANK YOU! My family cannot thank him enough.
Matthew, Personal Injury Client
My wife and I couldn’t have asked for better representation. He was extremely motivated and passionate. Well, his tenacity paid off after a year, and my wife and I were extremely happy with the result.
Robert, Personal Injury Client
Sean was great to work with. He was able to recover damages even after several lawyers told me I didn’t have a case! He was very responsive and took time to explain things.
Reach a Miami Uber Accident Lawyer Immediately
If you were injured in an Uber accident in Miami, it’s important that you seek counsel with a knowledgable Uber accident attorney. Dealing with Uber’s rideshare insurance can be complicated, and we will help take that weight off your shoulders.
The attorneys at The Uber Lawyer understand that money is not going to take the pain away, but we will do our job to get you a fair and reasonable recovery in your Uber accident. Being in a serious accident can be very frustrating and painful; we consider it a privilege and honor to assist others in the community when they fall victim to this predicament in a common carrier like Uber. Call anytime to schedule your free consultation.