In a busy traffic city where parking is sometimes difficult to find, rideshare services like and Uber and Lyft are an easy and affordable transportation solution for many people. For a small fee you can let someone else deal with the stress of Miami’s famous traffic while you get to peruse your phone in the back seat. Sounds great, right? However, Uber/Lyft drivers are regular drivers just like everyone else and being in their car does not make you any safer and accidents happen. With that being said, here are some things to know.
Insurance Coverage for Ridesharing
Most companies require their drivers to have their own car insurance coverage independent from the company’s insurance. However, while a rideshare driver is operating within the service, they will be covered by the company’s insurance. This insurance will also cover you if your driver is involved in an accident. The question now becomes what insurance is available to you in this type of accident involving a ridesharing vehicle. The answer is it depends who is at fault. For example, as of 2022, Uber currently carries a bodily injury (BI) insurance policy coverage of $1 million per person. This policy from Uber will only apply to people who are injured in an accident in which a covered Uber driver was at fault for the accident. So if you are in an Uber and your driver causes an accident, Uber will have plenty of money available for you. In this case, you will also make a claim against the driver’s personal insurance, but they will likely deny coverage because the driver was operating as an Uber which is not covered under their policy.
On the other hand, if you are involved in an accident while in an Uber that was caused by another driver, you may be out of luck depending on whether or not the at-fault party carries adequate bodily injury (BI) insurance. Currently in Florida, the only insurance required to be carried by drivers is Personal Injury Protection (PIP) which only covers yourself, not other people you may injure in an accident. Many drivers do not carry bodily injury coverage or it is very minimal. Florida is famous for this. If the at-fault driver has BI, they will compensate you for your injuries. Keep in mind your Uber driver will likely be making a claim on that policy as well you so will have to share with them. If the at-fault party does not carry BI, then you will look to Uber’s Uninsured/Underinsured Motorist Coverage.
However, as of 2022, Uber no longer carries Uninsured/Underinsured Motorist Coverage for its drivers or passengers. What this means is that if you are in an Uber accident caused by another driver who does not carry BI on their policy, Uber will not compensate you for your injuries. Whether or not the driver was actively on-the-job for the company and whether or not they were at fault will determine if their $1 million policy will be available. The severity of the injuries you sustained will determine how much of the $1 million you will get. To find out the best course of action for you, speak with Jaime “Mr. 786Abogado” Suarez who has over 20 years of experience helping clients receive much-needed compensation from a rideshare accident.
Liability and Fault
Florida is a comparative fault state for car accident claims. This means that even the at-fault motorist can receive compensation, adjusted to the level of fault they are determined to have contributed to the collision. If you were a passenger of the rideshare driver, something as simple as wearing your seatbelt can have an impact on liability and fault. There are always exceptions and circumstances that can change the elements of a case, so contact us before you give up hope of receiving damages. When dealing with rideshare insurance policies, there are additional rules and guidelines to consider. Insurance coverage amounts will vary based on whether the driver had passengers, was merely an activated driver but had no passengers, or was not engaged in any ridesharing duties at the time of the accident.
Seek emergency medical attention if your injuries require it. If you can, you should try to gather as much information from the driver or other at-fault party as possible. Take pictures and get the information of a witness. This will help you file a claim with their insurance company and will also provide crucial information to assist with any future litigation to recover damages.
Options for Other Drivers
If you were not a passenger and were instead another driver hit by an Uber/Lyft driver, you also have options. It is very important that you determine at the scene whether or not the driver is operating as an Uber/Lyft driver at the time of your accident. This information will be crucial to give to your attorney so they know the parties involved.
Similar rules to the ones previously mentioned apply to you when involved in a collision with a rideshare driver in which the rideshare driver is at-fault. Meaning that their company will likely have $1 million policy available for you.
Which insurance company you file your successful claim with will depend on the active or inactive status of the driver. If the driver was active at the time of the accident, their will be significant money available for you to recover. If the driver was inactive, you will have to hope that driver carries BI coverage on his personal insurance policy. You will want to file a claim against both, but only one will pay.
If the driver was inactive and does not carry BI coverage on their personal policy, you will be able to file a claim with your insurance provider if you carry UM on your policy.
Dealing with insurance companies and personal injury claims from an automobile accident can be difficult. Insurance companies are not your friends and will try their best to minimize what they have to pay you. Knowing how these companies work and how to fight them is important.
Jaime “Mr. 786Abogado” Suarez has many years fighting the insurance companies and getting maximum compensation for his clients, while you focus on the important task of healing and recovery.