Uber Accident Lawyer

Experienced Miami Uber accident lawyer

Our Uber accident lawyers and Lyft accident lawyers are a fully-equipped legal team of six attorneys and more than thirty paralegals and other professionals. 

Jack Bernstein and Neil Maryanoff have more than 35 years of experience and thousands of satisfied clients. The car accident attorneys at Bernstein & Maryanoff Injury Attorneys want every Miami rideshare accident victim to receive the compensation they deserve. 

Do I have an Uber accident claim?

You might have an Uber accident claim if you were involved in any of the following circumstances: 

• You’re the passenger in a ridesharing vehicle, and you’re hurt because of an Uber driver engaging in reckless driving such as speeding or distracted driving
• You’re the passenger in a rideshare vehicle, and you’re injured in an accident caused by a third-party driver

• Either driver involved in the accident is under the influence of alcohol or drugs
• You’re injured because Uber allowed an unqualified driver to be an operator
• As a rideshare driver, you’re hurt in an accident that involves a third-party
• A driver or passenger in another vehicle is hurt by an Uber driver
• You’re hurt while entering or exiting a rideshare vehicle

Meet with our Miami Uber accident lawyers for a thorough assessment to help you determine your legal rights and options.

Florida’s rideshare laws

Like most states, Florida has clear rideshare laws. To operate as a rideshare driver in Florida, an individual: 

• Must have a Florida auto insurance policy 
• Must have a valid U.S. driver’s license or vehicle registration

• Cannot be convicted of driving without a valid license in the past three years 
• Cannot be convicted of a serious driving offense, such as a DUI or hit-and-run
• Must have a vehicle that falls under Uber’s car requirements
• Cannot be listed on the federal sex offender public registry

Uber insurance coverage

Under Florida statute 627.748, all Florida drivers are required to carry personal injury protection (PIP). This insurance covers medical costs, lost wages, and death benefits in the event of an accident. Florida’s minimum coverage requirements include $10,000 of personal injury protection (PIP) insurance and $10,000 of property damage liability insurance. 

Additionally, Uber offers a $1 million insurance policy that provides coverage for eligible drivers. 

Because Uber’s insurance policy is not always applicable, Uber drivers may choose to add their own rideshare insurance coverage, which works much the same as the insurance coverage for other transportation network companies (TNCs). 

Additional rideshare insurance coverage and Uber’s coverage kick in depending on the stage in which a driver is operating their vehicle: 

• Period 0: Applies during standard personal use while the rideshare app is off. In an accident, a driver’s regular auto insurance covers them. 
• Period 1: While the rideshare app is on and the driver is waiting to be paired with a passenger, their personal rideshare insurance would provide coverage. Uber also provides a limited amount of liability coverage if an accident happens during this period. 
• Period 2: A driver is paired with a passenger and is on the way to pick them up. If an accident happens, the rideshare company’s policy will go into effect. Some personal rideshare insurance policies extend coverage as well.
• Period 3: If an accident occurs when a passenger is in the car, the rideshare company’s commercial auto insurance will kick in

If you are involved in an accident that was caused partly because of your negligence, you may need to turn to your PIP insurance first before rideshare insurance kicks in. 

Are passengers covered by Uber insurance coverage?

Passengers are covered by Uber’s insurance coverage; however, the level of coverage depends on which stage a passenger is in. It also matters whether the passenger played a role in causing the accident. If a passenger was intentionally distracting the driver or put their hand on the steering wheel, causing an accident to occur, Uber’s insurance coverage might no longer apply. 

Proving negligence in an Uber accident

Because of Uber’s comprehensive insurance coverage, passengers involved in an Uber car accident rarely need to sue the Uber driver. However, if you do decide to take legal action, you’ll need to prove negligence. 

The first step in establishing negligence is determining which party was responsible for the accident. This could include the Uber driver, another driver who hit your vehicle, or any other negligent party. 

The circumstances of your accident will define who you take legal action against. If you were injured in a rideshare accident as a passenger, proving negligence might be easier than if you were driving your own vehicle and were injured by an Uber driver who hit your vehicle. 

When proving negligence, there are four elements that you’ll need to show: 

• Duty of care: You must show that a defendant had a duty to act reasonably. An Uber driver has a duty of care to follow the laws of the road. 
• Breach of duty: This is when a defendant violates their duty of care. For example, instead of following the rules of the roadway, an Uber driver is speeding. 
• Causation: You must show that the negligent actions of the defendant are what led to your injuries
• Damages: You must show that you suffered damages because of the negligent action

What can I win for an Uber accident lawsuit?

After your Uber accident, the damages you can seek include economic and non-economic damages. In an Uber accident lawsuit, you may win compensation for any of the following losses:

• On-the-scene medical care
• Emergency room and urgent care costs
• X-rays, scans, blood tests, and other diagnostic care
• Prescription medication, mobility aids
• Physical therapy
• Mental health care
• Lost work and lost career potential
• Help at home with child care or housework if you’re unable to because of your injuries
• Pain and suffering or mental anguish compensation

Not all claims are created equal. To maximize the compensation in your case, your rideshare attorney will determine what your actual losses are and work to earn you the full amount that you deserve.

Economic damages 

Economic damages are designed to reinstate an individual to their financial standing before the accident occurred. There are no caps on the economic damages you can recover. Examples of economic damages include: 

• Property loss
• Medical bills 
• Treatment costs
• Loss of income 

Non-economic damages

Non-economic damages apply to the intangible, incalculable losses you have suffered because of your Uber accident. Unlike economic damages that are designed to reinstate you back to your financial standing, non-economic damages compensate you for the pain and suffering you’ve endured because of your Uber accident:

• Mental anguish 
• Mental health care
• Loss of enjoyment of life

What laws apply to an Uber accident claim?

Uber accident claims are based on Florida car accident laws which state that victims may claim compensation any time they’re hurt by the negligence of others. Whether you’re the passenger in a rideshare vehicle, a rideshare driver, or the driver of another vehicle, you may have a claim for compensation. 

How you pursue your claim may depend on whether the responsible party is the rideshare driver or another driver. The critical factor for determining liability is whose actions lead to the accident, not necessarily whether you are in the rideshare vehicle or another vehicle at the time of the accident. 

Uber has insurance guarantees for their drivers. In addition, Florida has minimum insurance requirements that apply to all drivers. These resources may be available to you as an Uber accident victim.

What sets our Miami Uber accident attorneys apart?

Our Uber accident attorneys provide outstanding legal services. Here are some of the things that set our attorneys apart:

• Representation throughout the State of Florida: Wherever your accident may have occurred, our legal team is here to assist you. We’re experienced in the courtroom and prepared to handle your case wherever it may be.
• Dedicated personal injury accident attorneys: Our law firm focuses all our efforts on representing accident victims. Even when your situation is unique or complex, we have the skills to meet your needs.
• A robust legal team: Our leaders have been practicing law for more than 35 years. We have six attorneys and a team that is more than 40 members strong. When you work with us, you’re not just hiring a lawyer. You have an entire team working towards your success.
• Personalized attention: Jack Bernstein and Neil Maryanoff personally oversee every case that we handle. We communicate with you on your terms, whether it’s phone calls, emails, letters, or even text messages. We explain the legal process and make sure all your questions are answered.
• No fee unless you collect: We want your legal claim to be worry-free. That’s why we offer representation with no risk to you and no fee until we win your case.

How our Uber accident attorneys can help

If you have been injured in a Miami Uber accident, you may be quick to pick up the pieces and move on with your recovery. You may not feel you have a strong enough case to go after the responsible parties. Our experienced rideshare accident lawyers can help you determine what legal action you can or should take to recover the compensation you deserve. 

Let our experienced Miami Uber accident attorneys help you navigate your case and work to help you seek the justice you’re entitled to. 

Miami Uber accident attorneys  

Our Uber accident attorneys are ready to help you get the compensation that you deserve. Our consultations are always confidential, and there’s no obligation. We’re dedicated to your success and fair treatment by the law. 

Contact Bernstein & Maryanoff Injury Attorneys today for a free consultation on your Uber accident.

Sources:

Auto insurance maintained by Uber (2021).

FLA. STAT. § 627.748.

Moon. C. (2023). Florida Rideshare Insurance & Legal Requirements for Drivers.