The Types of Uber Accidents That Can Happen In Spring Hill
After years of requests for the information, Uber released safety data revealing 97 fatal car accidents involving Uber vehicles over two years. The majority of these accidents occurred in urban areas, with 30 percent of the fatalities involving pedestrians—a quarter of whom were Uber drivers or riders outside the vehicle when the crash occurred.
An Uber accident does not involve only one type of scenario or one source of liability.
Some of the ways Uber accidents can occur in Spring Hill include:
- Accidents caused by negligent Uber drivers that injure passengers, pedestrians, bicyclists, or occupants of other vehicles.
- Accidents caused by another driver’s negligence that injure the Uber driver or passenger.
- Accidents from a vehicle defect either on the Uber car or another vehicle.
How Uber’s Insurance Works?
Uber shields itself from much of the responsibility for the actions of its drivers by designating them independent contractors rather than employees. The company, however, requires its drivers to carry a minimum insurance policy. It also provides a $1 million insurance policy to compensate passengers and others injured by the Uber driver’s negligence if the driver’s auto insurance policy does not cover the accident.
The coverage of Uber’s policy is tiered, with different compensation levels available depending on the circumstances.
Here’s how it works:
- If the driver uses their vehicle for personal reasons and their driver app is off when they cause an accident, their insurance coverage must compensate for injuries and property damage.
- If the driver has their app on and they are waiting for a ride request when the accident occurs, their insurance policy provides primary coverage. However, Uber also makes a third-party liability policy available that provides $50,000 bodily injury coverage per person, $100,000 bodily injury per accident, and $25,000 property damage coverage per accident.
- Suppose the driver is en route to pick up a passenger or is transporting a passenger. In that case, their policy is still the primary coverage provider. Still, Uber provides a third-party liability policy of up to $1 million. The company also provides uninsured/ underinsured motorist coverage and comprehensive and third-party collision policies for drivers who have these coverages on their policies.
When the driver’s auto liability policy is the primary provider, use this resource first when seeking compensation for injuries or property damage caused by the driver’s negligence.
However, many drivers do not inform their insurance provider that they are using their vehicle for ridesharing and do not seek additional coverage for rideshare vehicles because they do not want to pay the extra costs of obtaining it. Therefore, when an individual files a claim on their policy for injuries or property damage caused by the rideshare driver’s negligence, the insurance company often denies the claim. Then, you can submit your claim to Uber’s insurer for coverage.
What Happens if Someone Else Is at Fault for the Accident?
If the Uber accident resulted from another driver’s negligence, the claims process follows that of other types of car accidents. In Florida, drivers must purchase personal injury protection (PIP) insurance policy of at least $10,000. This policy provides coverage of 60 percent of wage loss and 80 percent of medical expenses related to the injury, regardless of who was at fault for the accident. This means the Uber driver can seek PIP benefits for themselves after the accident, as can the occupants of other vehicles. PIP coverage also covers those who purchased vehicle coverage but are injured as pedestrians.
However, the Uber driver’s PIP policy will generally not cover injuries to their passengers, as those injuries were incurred while using the vehicle for commercial activity. The exception to this statement occurs when the Uber driver has purchased a policy specifically for their ridesharing activities.
If a person is injured due to someone else’s negligence, and the injury meets the state’s serious injury threshold, they may bypass a PIP claim and file a claim against the at-fault party’s insurer instead. Injuries that meet the serious injury threshold include those that result in a permanent and significant loss of an important bodily function, permanent injury to a reasonable degree of medical probability, permanent and significant scarring and disfigurement, or death.
If an Uber Accident Injured You and You Need Compensation
Being injured in an accident is an extraordinarily stressful experience. It is even more stressful when you’re unsure how to begin the process, who to seek compensation from, or even whether you qualify. Here is a brief look at the various steps involved in Florida’s personal injury claims process.
Hiring an Attorney
While seeking medical attention is the most important thing to do after you’ve been injured in an accident, when that accident is the result of someone else’s negligence, speaking with an experienced personal injury attorney is one of the next most important things to do.
Our Uber accident attorneys can answer your questions about your claim and give you information about the services they can provide to assist you. Most of the time, this information is provided for free through a case evaluation.
If you decide to hire us to help you with your claim, we will offer you a contingent fee agreement. Rather than requiring you to come up with a retainer or keep up with hourly billing for our services, the contingent fee allows you to only pay for our services if we recover compensation for you.
Determining Liability and Insurance
Once your attorney begins working with you, one of the services they will provide is an investigation of the details of the accident to determine all sources of liability and the insurance resources that we can access to provide your compensation. Suppose the Uber driver’s negligence was the cause of the accident. In that case, either their insurance or Uber’s third-party liability policy will be the source of compensation.
If another driver caused the accident, their insurance would come into play. If the accident occurred due to a manufacturing defect involving one of the vehicles, the manufacturer could be the liable party. There can be more than one source of liability, and compensation can come from more than one insurance policy.
Valuing the Claim
Our attorneys will also establish a value for your claim. This goes beyond simply adding up the cost of your medical expenses, wage loss, and property damage. We also consider the severity of the injury you experienced and how that injury will likely impact you financially and psychologically.
For example, suppose you suffered a traumatic brain injury in an accident that has rendered you unable to earn an income or live independently. In that case, the value of your claim must include coverage for your loss of earning capacity and the need for long-term care.
Sending a Demand
After we establish a value to your claim, our attorneys can send a demand to the at-fault party’s insurance or Uber’s third-party insurer, depending on the circumstances of your case. The demand requests payment of the full value of the claim. It provides documentation of your expenses and details of the accident.
Considering Settlement Offers
After the at-fault or third-party insurer has had the opportunity to review your claim and investigate the details of the accident for themselves, they can choose to pay the claim, deny the claim, or offer a settlement. A settlement is an out-of-court resolution to a legal claim that generally provides less than the claim’s full value. Often, initial settlement offers are far below the value of the claim.
Your attorney can negotiate the offer with the insurance provider to get it increased to a level that fairly compensates you for the expenses and impacts of your injury. Your attorney will also provide guidance and information so that you can properly evaluate settlement offers and make important decisions about the status of your case.
Filing an Uber Accident Lawsuit
If the at-fault or third-party insurance provider fails to pay the claim outright or through an accepted settlement, the claim can be filed in court as a personal injury lawsuit so that a judge or jury can determine liability and fair compensation.
Most personal injury claims resolve through out-of-court settlements. Settlement offers can come, and you can accept them, even after you file a lawsuit or a trial begins, as long as the court has not yet decided on the matter. Plaintiffs must file most claims in Florida within four years of the injury.
Going to Trial
Even though most Spring Hill Uber accident claims will resolve out-of-court, your attorney will gather evidence and witness testimony to prove the claim in court if necessary. Hire an attorney to assist with your claim who is comfortable with litigating your case because there is no guarantee that the insurance provider will pay the claim, and you need to have the court option.
Collecting Your Award
Once you entered into a settlement agreement with the at-fault or third-party insurance provider or the court has made an award decision, your attorney will help you collect your compensation. The attorney will receive your award, deduct their contingent fee, satisfy hospital or insurance liens on the proceeds, and forward the remainder to you.
