Ride-sharing services like Uber have become increasingly popular in Florida and throughout the United States. These services offer passengers a less costly and more convenient alternative to traditional taxis. While most rides take place without incident, accidents do happen. If you or someone close to you has been injured in an Uber vehicle, it is important to consult a qualified Miami injury attorney who can assess the merits of your case.
Uber is often in the news for safety issues and also for the fact that Uber drivers may underinsure. Unlike licensed cab companies, which are fully insured in the event of an accident, ride-sharing company drivers operate on an independent contractor basis. As a result, drivers bring their own vehicles and are allowed to use their own personal auto insurance for liability coverage.
Most auto accident claims are rooted in the theory of negligence. Negligence is a failure to use an appropriate level of care behind the wheel. Conduct rises to the appropriate level of care when it conforms to what a reasonably prudent person would do in the same or similar circumstances. Negligence claims are highly fact-intensive, so they can be quite complex to prove. In order to succeed on a negligence claim, the plaintiff must show that he or she was owed a duty of care, that the duty of care was breached by the defendant, that the plaintiff’s injuries were a direct consequence of the defendant’s breach, and that damages resulted.
If another driver’s negligence caused your harm while you were an Uber passenger, you will be covered by Personal Injury Protection (PIP), which covers your medical expenses and lost income for up to $10,000. PIP is limited to $2,500 if you are not deemed to have an emergency medical condition.
If you are not covered by PIP because you either don’t own a car or live with a resident relative who owns a car, PIP benefits will not likely be an option for you. This is because the Uber driver’s personal insurance coverage will most likely deny coverage to you because the Uber driver was being paid for the trip. Florida personal auto insurance policies typically contain a clause when the insured is driving for compensation.
It is also important to note that major insurance companies do not currently offer insurance for ride-share drivers.
An Uber passenger who wants to make a claim against the other driver (not the Uber driver) can do so and try to get benefits from that other driver’s bodily injury (BI) coverage in his or her auto insurance policy. This coverage may also compensate you for your medical expenses, lost income that is not covered by PIP, and pain and suffering.
Dealing with the aftermath of an automobile accident can be daunting enough without issues of coverage being presented. At the Law Offices of Robert Dixon, our Miami car accident attorneys understand what it takes to seek the compensation you deserve. We will work diligently to find a way to hold the negligent party or parties responsible for the harm they have caused. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.
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