Uber has long been a convenient rideshare service for many folks in Florida, Massachusetts, and throughout the U.S. Unfortunately, that does not mean they are completely safe on the road. You might encounter a negligent or reckless Uber driver and find yourself in an accident with them. However, you may file actions against Uber or the driver to recover from your losses if this happens.
First, consider consulting our Uber accident lawyers since we study the various laws relevant to your circumstances. Let GED Lawyers look into your main options for recovering damages after an Uber collision and how we can help.
Uber Provides Insurance for Drivers
Uber generally provides auto insurance for its drivers when they are on the job. Their insurance policy includes liability coverage, which protects drivers from paying for accidents out of pocket. As such, you can file a liability claim with Uber’s insurer.
The maximum reimbursement amount depends on the driver’s status when the accident happened. If the driver was online on Uber’s app but did not have passengers yet, they will have the following coverage:
- $50,000 bodily injury liability per person
- $100,000 bodily injury liability per accident
- $25,000 property damage liability per accident
If the driver had riders onboard, the liability coverage limits would increase to $1,000,000 for the entire accident.
When the Uber Driver’s Own Coverage Applies
Since Uber only covers drivers logged on to Uber’s app, the drivers must still maintain their personal auto insurance policy or show other forms of proof they can pay for their victims’ expenses. If they cause an accident while offline, you would have to settle the matter with them, not Uber.
What Damages Can You Recover?
If the liability claim is successful, you can recover damages for your expenses and the suffering the Uber accident caused. These typically include:
- Auto repairs (if you were another motorist instead of an Uber passenger)
- Medical expenses, such as prescription drugs, doctors’ appointments, and hospitalizations
- Income lost while unable to work due to injuries
- Psychological trauma
- Chronic pain
- Disfigurements and disabilities
Uber accident lawyers can represent you when dealing with the insurance company covering the Uber driver. However, we should remember their insurer is on their side, not yours. Therefore, you might not find their settlement offers agreeable initially as they may downplay their client’s fault to reduce their payment. Should this happen, the lawyer can also help you negotiate for a more favorable outcome.
Florida’s Insurance Requirements for Uber Drivers
Uber’s liability coverage meets the TNC insurance requirements in Florida Statutes § 627.748. However, Florida does not require injury liability coverage for private motorists, only property damage liability.
Instead of injury liability, Florida requires Personal Injury Protection or PIP insurance. This means you must file a claim with your own auto insurance provider to recover injury-related damages.
You can only file a third-party insurance claim if your injuries meet the tort thresholds. However, you will want to check first with the Uber driver on whether they carry injury liability coverage, even though it is optional. If you only want to recover property-related damages, you can proceed with a property liability claim regardless of your injuries.
Mandatory Policy Limits in Massachusetts
On the other hand, Uber’s injury liability coverage follows the same requirements in Massachusetts General Laws Chapter 175 Section 228. However, Massachusetts’ minimum property damage liability requirements are slightly higher than Uber’s standard coverage. Instead of $25,000, Uber must provide $30,000.
Similar to Florida, Massachusetts also requires you to use your PIP insurance first if you want to recover injury damages. To qualify for third-party actions, you must meet at least one of the conditions in Massachusetts General Laws Chapter 231 Section 6D.
Lawsuits as an Alternative Compensation Option
Qualifying for third-party liability claims also means you may file a civil lawsuit against Uber or the driver. It will still let you recover economic and pain and suffering damages, though the civil court will decide the settlement amount instead of an insurance claims adjuster.
Uber accident lawyers may advise you to file a suit if liability claims are unlikely to work for you. For example, suppose your total damages exceed the driver’s liability coverage limits. Filing a lawsuit could help you recover a fairer settlement, as the court is not restricted by the opposing party’s insurance policy limits.
The attorney can also represent you in court should your lawsuit go to trial.
How Else Can an Uber Accident Lawyer Assist You?
Besides filing actions on your behalf and serving as a legal representative and adviser, Uber accident lawyers can also assist with other tasks involved in building a claim or case, such as:
- Gathering Evidence: The accident attorney can assist with collecting proof of the Uber accident, such as crash reports, highway surveillance footage, and eyewitness testimonies. They can also review the evidence to see if you can effectively hold the driver accountable for the collision.
- Estimating Damages: Uber accident lawyers can also help estimate your case value or total damages. This involves compiling records of your medical bills and other accident-related expenses.
- Complying with Filing Requirements: Since the accident lawyer studies the laws relevant to your case, they also know your filing requirements, such as your statute of limitations. We can help you comply with them to ensure you can file successfully.
Consult with an Uber Accident Lawyer First
If you suffered damages in a recent Uber accident in Florida or Massachusetts, GED Lawyers stands ready to help you recover from your losses. Our Uber accident lawyers can review your situation to guide and assist you accordingly throughout the entire settlement process.
Having handled Florida and Massachusetts injury and accident cases for years, our attorneys have the legal knowledge and experience to cater to your concerns anytime. Call our 24/7 hotline or send your Uber accident details through our website. We will arrange for your free case consultation shortly after reviewing your information.
