January 21, 2022 | Firm News
When another driver causes an accident that leaves you injured, you have certain rights to a recovery of damages to make you whole again. But when the other party is an Uber driver, the matter becomes more complicated. Whom do you sue for your injuries? And what can you recover from them?
Accident victims who sustained injuries caused by Uber drivers typically must sue the Uber driver rather than Uber itself. However, you can typically get compensation through Uber’s supplemental insurance policy. If the driver was at fault for causing the accident and your injuries, this compensation may include damages such as lost wages, property damage, medical costs, and pain and suffering.
South Florida Law, PLLC is here to help you with your legal battle. No matter how severe your injuries may be, you deserve the competent, experienced legal assistance of our Fort Lauderdale Uber accident attorneys. To that end, we offer all new clients a free initial consultation about their potential case. To schedule yours today, call our offices at (954) 932-7877.
In the majority of car accident injury cases in Fort Lauderdale, the injury victim will not be able to sue Uber directly. This is the case for two reasons. First, rideshare drivers work as independent contractors rather than traditional employees, and therefore are not legal “agents” of the company. While the laws surrounding gig economy workers may change in coming years, current Florida law shields Uber from liability for accidents their drivers may cause. Secondly, Uber spends a lot of time and money on creating liability shields in their contracts with drivers. Even if an Uber driver with a record of previous DUIs causes an accident while drunk behind the wheel, it will be difficult to succeed in a lawsuit against Uber or any other rideshare company. This is why you will need the help of an experienced Florida uber accident attorney to be successful with your case.
If you can’t sue Uber, you may be wondering how it is that you can recover for damages after you were injured in a car accident in Fort Lauderdale. While Uber won’t be directly liable, they (and other rideshare companies) obtain supplemental insurance coverage for all of their drivers to account for damages in case of an accident. Other drivers, passengers, and even passengers of the Uber itself can benefit from this additional coverage.
The supplemental insurance coverage kicks in for drivers only while the driver is on the clock. As such, the supplemental coverage will apply when a driver is transporting a fare. However, it will also apply in varying degrees when the Uber driver is on the way to pick up a fare. Insurance will also kick in if the Uber driver gets into an accident while they have their application activated and are awaiting a customer request.
If an Uber driver does not have a passenger at the time of the accident, it can be complicated to prove that they were actively “working” at the time of the accident. Our experienced Fort Lauderdale car accident lawyers can help you gather the necessary evidence to allow you to benefit from additional rideshare insurance coverage for your injuries.
If you file a claim with the Uber driver’s insurance provider after the accident, your payout could compensate you moderately for your harm. However, if you can prove that the other driver negligently or recklessly caused the accident that left you injured, you stand to receive a much more substantial compensation package. Below are several of the theories under which Uber accident injury victims in Fort Lauderdale could recover damages in a lawsuit after an accident.
Many car accident injury victims find that their injuries prevent them from working during their recovery. If you are forced to miss time at your job or take paid time off to deal with your injuries, a lawsuit could provide compensation in line with the value that you lost. Where severe injuries impact your ability to perform the functions of your occupation, your Miami uber accident lawyer may also help you recover damages to compensate you for your decreased earning potential or missed opportunities for career advancement and promotion.
You could also recover based on the damages to your vehicle as a result of the accident. You can use the appraisal of an auto body repair shop or dealership to estimate the lost value of your vehicle or cost of repair and replacement. It is perfectly acceptable to get a second opinion on the damages to your vehicle if you believe that the first was too low.
Medical bills can be the most substantial and stressful consequence of the accident. If your injuries forced you to incur expenses from hospital stays, ambulance services, surgeries, physical therapy, and prescription medications, you can claim damages for these expenses in a lawsuit. Always seek medical attention immediately after an accident to discover and treat any underlying conditions that you may not even be aware of after an accident.
Experiencing an accident and the injuries that follow can leave victims traumatized and distraught. Chronic pain may impact your day-to-day experience. Psychological conditions like depression and anxiety may develop as a result of your physical inability to engage in recreational activities or personal relationships. While estimating the value of these consequences can be difficult, they often account for the largest proportion of damages in a car accident lawsuit.
Injury victims in Fort Lauderdale deserve compensation, even if their accident was caused by an Uber driver. To find out how you can win damages in a lawsuit, talk to one of our dedicated Fort Lauderdale personal injury lawyers today. Call to schedule your appointment with South Florida Law, PLLC, for free at (954) 932-7877.