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Negligent Security Seminar | March 2015

Florida personal injury lawyers

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    What Happens When Ridesharing Turns into an Uber Disaster?

    Ridesharing services like Uber and Lyft provide a convenient way to get to your destination, often for a lower price and with greater availability than traditional taxis. However, as these services have surged in popularity over the past several years, they have presented a variety of legal challenges. Some of these challenges arise when a rideshare vehicle is involved in an accident resulting in injury or property damage to a passenger, another driver, or a pedestrian.

    As with any other car accident, the first step to take if you are involved in a rideshare accident is to call 911 and seek medical attention. Try to document the scene of the accident, taking photos or videos and speaking to witnesses, and keep copies of all your medical records, bills, and other important documentation, such as records indicating that you’ve had to take time off work due to your injuries. In addition to these critical steps, there are a few important things to know about ridesharing accidents:

    • Rideshare companies will typically provide coverage for a passenger’s injuries—but the exact amount will depend on various factors. For instance, Uber and Lyft carry liability insurance of up to $1 million, but this coverage will only come into play if the driver was logged into the app and available to accept passengers and/or transporting paying customers at the time of the accident. Therefore, another key step to take if you’ve been involved in an accident is to file a claim with the rideshare company; they will review your case and determine whether their insurance policy will help cover your medical expenses and other losses.
    • The driver’s auto insurance may also play a role. All drivers in Florida are required to carry at least $10,000 in personal injury protection and $10,000 in property damage liability. A 2017 state law imposed higher requirements for coverage on rideshare drivers, but these amounts are typically satisfied by the rideshare company’s insurance as long as the driver is using the app. Under some circumstances, however, the driver’s personal car insurance policy may take effect and provide additional coverage for injured passengers.
    • Liability for rideshare accidents is a complex and evolving area of law, so working with a qualified attorney is one of the most important steps you can take if you’ve been involved in an accident with a rideshare driver. Since ridesharing is still a relatively new concept, the legal system continues to navigate the many complexities it presents. In addition to the challenges involved with determining insurance coverage in an accident, other legal questions may arise—for instance, whether a negligence lawsuit against the driver or the rideshare company is a viable option. As a victim of a rideshare accident, consulting a personal injury attorney with experience handling these types of cases is the best way to protect your rights and maximize any compensation to which you may be entitled.

    If your rideshare experience has turned into an uber disaster, the team at Leighton Panoff Law is here to help. Our attorneys have extensive experience handling rideshare and other vehicle accidents, and will advocate on your behalf when working with insurance companies, the ridesharing company, and other parties involved. Call us at 888.988.1774 to schedule a consultation!

    What should I do if I'm injured in an Uber or Lyft accident in Florida?

    If you’re injured in a rideshare accident, your first step should always be to call 911 and seek immediate medical attention. Even if injuries seem minor, documentation is essential. Be sure to take photos or videos of the accident scene, collect witness statements, and gather contact information. Maintain detailed records, including medical bills, doctor’s reports, and proof of lost income if you’re unable to work. These steps are crucial when building a strong case, especially since rideshare accidents often involve complex insurance and liability issues.

    Does Uber or Lyft provide insurance coverage for passengers injured in an accident?

    Yes, both Uber and Lyft typically carry liability insurance that covers up to $1 million for injuries sustained while the driver is logged into the app and either en route to a pickup or transporting a passenger. This coverage, however, depends on the driver’s activity at the time of the accident. If the driver was not logged in or available for rides, the company’s policy may not apply. Victims should file a claim with the rideshare company to initiate a coverage review and determine whether its policy applies to their injuries.

    What role does the rideshare driver’s personal auto insurance play after an accident?

    While Uber and Lyft offer their own insurance coverage, the driver’s personal auto policy may still play a role. In Florida, drivers must carry at least $10,000 in personal injury protection and $10,000 in property damage liability. If the driver was not logged into the app or if certain damages exceed the rideshare company’s limits, the personal policy may offer additional compensation. Understanding which policy is active at the time of the accident is essential and often requires legal expertise.

    Can I sue Uber or Lyft for damages after a rideshare accident?

    Rideshare companies typically classify drivers as independent contractors, not employees, which can complicate direct liability claims against the company itself. However, depending on the facts of your case, it may still be possible to pursue legal action against the rideshare company or the driver for negligence. Working with an attorney experienced in rideshare accident litigation will help you determine the best path forward and whether pursuing a lawsuit is a viable option for compensation.

    How can an attorney help me after a rideshare accident?

    A personal injury attorney experienced in rideshare accidents can be an invaluable ally. They will investigate the accident, identify liable parties, manage communications with insurers, and build a strong case to support your claim. Since rideshare accident law is evolving and involves overlapping insurance policies, your attorney can navigate these complexities to ensure you receive the maximum compensation possible for medical bills, lost wages, and pain and suffering.

    What makes rideshare accident claims more complex than other car accidents?

    Unlike typical auto accidents, rideshare accidents involve multiple parties and insurance policies, including those of the driver, the rideshare company, and possibly other involved drivers. Determining which policy applies and how much coverage is available requires a thorough investigation. Additionally, because Uber and Lyft operate under unique legal frameworks, the process for seeking compensation is more involved and can be daunting without legal assistance.

    Why should I contact Leighton Panoff Law after a rideshare accident?

    Leighton Panoff Law has extensive experience handling complex rideshare and vehicle accident cases. Our team understands the evolving legal landscape surrounding companies like Uber and Lyft and will advocate fiercely on your behalf. From dealing with insurance companies to navigating the intricacies of liability and coverage, we ensure your rights are protected every step of the way. Contact us at 888.988.1774 for a consultation to discuss your case and learn how we can help you recover the compensation you deserve.

    Article by:

    John Leighton

    A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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