The emergence of rideshare apps like Uber and Lyft has significantly altered the daily commute and travel experiences of people across Florida. The cabs have made people’s lives easier, faster, and more convenient while travelling from one corner of the city to another. However, accidents can occur at any time, anywhere. And when a rideshare car crashes, who pays for the victims’ injuries is a question of a million dollars. Yes. You read it right. It’s not an easy job to identify the liable party that is legally responsible to pay the compensation for the victims’ losses. If you are involved in a rideshare accident in Orlando, Florida, you need to know the unique insurance laws of the state and how the law covers the medical expenses. Consult a personal injury attorney in Orlando for deeper legal knowledge and insights.
Who Pays for the Victim’s Injuries in An Uber Accident?
Availing Uber trips is convenient. As accidents are unpredictable, it can happen at any time. When you are a passenger on your way home or to work, a rideshare car accident may occur. After a sudden crash, the victims are left overwhelmed and traumatized. Along with physical pain and injuries, countless questions hover over the head. And, one of the first questions is who pays the medical bills? What are the rights of the victims?
Any party that has been behind the crash is liable for paying compensation. A personal injury attorney helps you identify the liable party/parties and secure fair compensation from them.
The upcoming sections discuss the Florida rideshare law, insurance coverage, and how victims can secure compensation.
What is Florida Rideshare Accident Law?
Florida is a no-fault state. If you suffer injuries in a rideshare accident, your own insurance covers your medical bills first, irrespective of who is liable for the accident. Your Personal Injury Protection pays for your injuries and losses upto $10,000. This information is valid for car accidents. However, when the accident involves a rideshare, the calculation becomes more complicated. In rideshare accidents, the commercial insurance can cover upto $1 million. After an accident, you need an experienced personal injury attorney in Orlando to know how each policy applies and help the medical bills get paid.
What happens if the Uber Driver is not at Fault?
What if the victim’s Uber driver is not at fault? Again, the question pops – if he is not, who will pay the compensation? When in an accident, your Uber driver remains out of fault, the driver can also file a compensation claim. Let’s see how the insurance coverage works in such accident cases.
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- When the other driver is responsible, their insurance company is bound to respond first.
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- In case the at-fault driver is uninsured or underinsured, Uber’s UM or UIM coverage applies. The coverage ensures the victim doesn’t have to pay the expenses out of pocket.
How to Determine Who is At Fault?
It’s challenging to determine liability in Uber Accidents as more than two parties are involved. Multiple parties like rideshare drivers, other vehicles’ drivers, the rideshare company, or the pedestrians. The dispute often leads to a delay in settlement negotiations or reduces the compensation. It’s your personal injury attorney’s job to identify the liable party based on the evidence and proof collected.
At Injury Assistance Law Firm, our team of seasoned personal injury attorneys reconstructs the accident case with the help of professionals from different fields. Depending on who is at fault, the nature of accident claims varies. For instance, when the Uber app is off, the driver’s own insurance applies, not the direct Uber coverage. In case the app is on, but the passenger is not inside (waiting for ride requests), Uber offers a limited coverage of $50,000 per person. There are many more. When liability is clear, an accident claim draws the maximum settlement amount.
What is the Average Uber Accident Settlement Amount?
Like any car accident, the settlement amount for Uber accidents may vary based on specific details, be it in terms of the accident or the type of insurance. When accidents are small and injuries are minor, the compensation would be less, while major crashes with severe injuries and fatalities demand a massive settlement. The minimum to maximum settlement amount for Uber accidents may range between $1000 and $1,00,000. Interestingly enough, when you have an expert Orlando personal injury lawyer by your side, the settlement offer can be nearly double with the backup of solid evidence and proof.
What Factors Contribute to Uber Accident Settlement Amounts?
When it comes to Uber accident claims, several factors can influence the final settlement amount. Now, what are those crucial aspects? Let’s see.
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- Severity of Injuries Suffered
The injuries sustained during the accident are one of the most critical factors to influence the final settlement amount. Injuries like spinal cord damage, TBI (Traumatic Brain Injury), or permanent disabilities lead to higher medical bills and a long recovery period. These injuries result in economic and non-economic losses affecting the victim’s quality of life.
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- Medical Costs
Medical expenses after an Uber accident rise quickly, especially when the injuries are severe. Treatments and therapies, including surgeries, physical therapy, rehabilitation, and long-term care, are calculated in the settlement value. The victims must retain the documents of their medical treatments to help the attorney accurately estimate the damages.
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- The Liable Party behind the Accident
Liability in an Uber accident is difficult to find due to the involvement of multiple parties, like the rideshare driver, other drivers, the rideshare company, pedestrians, etc. Depending on who is at fault, the insurance coverage varies, and so does the compensation.
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- Loss of Earning Capacity and Income
Uber accidents cause the victims severe injuries, resulting in loss of working ability and income. Injuries can be serious enough to result in permanent disability. In such cases, the compensation includes loss of income and loss of earning capacity. The current and future earning loss will be calculated based on the victim’s current profession and previous earning records.
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- Loss of the Uber Status at the Time of the Accident
When the Uber driver is “on duty” at the time of the accident, it can massively influence the compensation amount. When Uber is waiting to pick someone up or transporting a passenger, the company’s insurance coverage may apply. In some cases, Uber’s insurance coverage doesn’t apply when the driver is not active during the accident.
When to Consult An Attorney After An Uber Accident?
After an Uber accident, the victim may feel overwhelmed and unsure of what to do. It becomes challenging to decide whether or not to hire an attorney, but that one decision can massively impact the case and compensation. When the victim is injured in a rideshare car accident, our personal injury attorney in Orlando helps you secure compensation against your medical bills and insurance claims. The legal professional helps determine the fault and claim compensation. Our attorneys at Injury Assistance Law Firm negotiate with the insurance company to secure the maximum compensation amount based on the victim’s injuries and damages. Unfortunately, if you are in a similar situation, contact our personal injury attorney soon for the best legal guidance.