Airbnb revolutionized the way people travel, and it didn’t take long for car sharing services like Turo and Getaround to follow suit. These platforms enable users to rent out their vehicles to other drivers, much as Airbnb lets people rent out their spaces. It’s convenient and flexible for both parties, but when accidents happen, things can get complicated fast.
If you’ve been injured in an accident while using a car sharing app, you may be wondering what your rights are and what to do next. That’s where a car sharing accident attorney can help.
At Long & Jean P.A., we understand how complex peer-to-peer (P2P) car-sharing cases can be. If you or someone you love has been seriously hurt, you’re likely facing an uphill battle. Even if you’re unsure whether you’re entitled to compensation, we’ll evaluate your case and help you understand your legal options.
How Peer-to-Peer Car Sharing Works
Traditional rental companies maintain a fleet of commercial vehicles. In contrast, peer-to-peer car-sharing platforms allow private car owners to rent out their vehicles. The most popular car-sharing services in Florida are Turo and Getaround.
These companies connect vehicle owners with renters, handle payment processing, offer basic insurance options, and sometimes provide remote access features. This business model is different from ridesharing services like Uber and Lyft, in which drivers use their vehicles to transport passengers.
In P2P car sharing, the driver rents the vehicle for their own personal use and operates it independently. That separation creates unique legal and insurance issues. Since these issues only come to light after an accident, injury victims are often blindsided by reality.
Why These Accidents Are More Complicated Than They Seem
If someone suffers an injury in a ridesharing or car rental accident, the details tend to be straightforward. While these injury claims can certainly become complicated, the courts have handled such cases for decades. However, as any car-sharing accident attorney can tell you, that isn’t the case with P2P cases. These are relatively new services, so confusion is not uncommon.
Even beyond the novel service model, there are several reasons that a car accident involving peer-to-peer services can become complicated.
Multiple Parties, Unclear Responsibility
In the majority of car accidents, there are only two parties involved: the responsible party and the injured party. Yes, situations exist in which multiple parties are liable, but it isn’t common. However, when it comes to peer-to-peer car sharing liability, the issues are never limited to just two parties.
In fact, every claim involves at least the following:
- The driver who rented the car
- The owner of the vehicle
- The platform (e.g., Turo, Getaround)
- A third-party driver (in multi-car collisions)
With multiple parties potentially involved, determining fault can be complex, especially in Florida. The state utilizes no-fault insurance, meaning your own insurance typically covers your losses, regardless of who caused the accident. As a result, even cases involving clearly negligent third-party drivers can quickly become complicated.
How Ownership and Platform Agreements Change Liability
When you first speak with a Turo or Getaround injury attorney, you’ll discover that these platforms typically don’t own the vehicles listed on their apps. This lack of ownership offers them a layer of legal protection. However, most platforms do provide insurance options for both renters and vehicle owners. While users can often choose their level of coverage, the protection offered is sometimes insufficient, especially in the event of a serious accident.
The vehicle’s owner can still face liability even if everyone else is insured. This is because Florida follows the Dangerous Instrumentality Doctrine, which means the owner of a vehicle can be legally responsible for injuries sustained by someone they allow to use their car. This is true even if they aren’t present during a collision. This doctrine, along with ownership transfers, ambiguous usage periods, and third-party interactions, can blur the lines of accountability.
Common Crashes Caused by Peer-to-Peer Car Sharing
The most common crashes linked to peer-to-peer collisions are similar to any other vehicular accident. Involvement may be with another car, truck, motorcycle, tractor-trailer, cyclists, pedestrians, and others. However, we typically find that the causes behind these accidents are varied and include:
- Unfamiliarity with the vehicle: Drivers may not be used to a car’s controls or blind spots.
- Last-minute bookings: Inexperienced or careless drivers may impulsively rent vehicles.
- Out-of-town drivers: Tourists who need these services may be less familiar with local traffic laws or conditions.
- Improper vehicle maintenance: Vehicle owners may fail to keep their cars in a safe working condition.
These variables are just the tip of the iceberg. Typical causes of vehicle accidents also apply, such as speeding, failing to yield, texting while driving, driving recklessly, and engaging in other unsafe behaviors. And with owner negligence also a possibility, you could do everything right as a driver and still be harmed due to an unsafe vehicle.
If you find yourself in any of these situations, it’s time to call a car-sharing accident attorney.
Insurance Coverage May Not Protect You Fully
One of the most misunderstood parts of peer-to-peer car sharing accidents is how insurance coverage works. It may sound simple in the app, but that’s because companies don’t want to confuse their customers. Unfortunately, even insurance outside these companies can create confusion. Put simply, it’s often the case that a particular policy will not cover everything.
Understanding Platform Insurance
Turo, Getaround, and similar services offer optional or default insurance coverage. However, these are often secondary to the driver’s or owner’s personal auto policy. This can create significant gaps due to:
- Coverage limits that don’t fully cover medical expenses or lost income
- Third-party injuries or damaged property not covered by all plans
- Personal policies denying coverage when cars are used for rental purposes
For renters, declining a protection plan could mean they’re responsible for all damages. For owners, failure to notify their personal insurance provider that they’re renting their vehicle can result in denied claims. And if you’re just an innocent victim harmed due to the negligence of others, all these complications can leave you confused about where to seek compensation.
Fortunately, our car-sharing accident attorneys are here to review your case and help you better understand what you’re up against. We’re here to help you navigate the most complex areas of the law so you can focus on recovery. Contact us today for a free case evaluation.
What Florida Law Says About Car Sharing Accidents
The importance of a lawyer with experience working with Getaround or Turo accidents becomes apparent when you consider no-fault insurance rules. Whether you were a driver, passenger, or even a cyclist or pedestrian, your own no-fault insurance will typically kick in first. Also known as Personal Injury Protection (PIP), these policies work to reduce minor lawsuits in Florida courts.
How No-Fault Insurance Applies to These Cases
Unfortunately, this doesn’t always guarantee coverage. Even though all drivers must carry PIP coverage for up to $10,000 in medical bills and lost wages, peer-to-peer accidents can create complications.
For example, it may be unclear whether your PIP applies if you’re renting a car from Turo or Getaround. The policy provider of the car’s owner may also dispute a claim if they weren’t notified that the car was available for rent.
It’s also the case that PIP may not apply at all if the platform’s insurance is considered “primary” and denies coverage.
Why Standard PIP Coverage Might Not Be Enough
PIP covers only part of your expenses. To be exact, 80% of your medical expenses and 60% of your lost wages can be reimbursed. However, this is only up to the $10,000 limit. If you’re seriously injured in a peer-to-peer car accident, this coverage may be inadequate. Injured pedestrians or those involved in a motorcycle collision often find themselves in a coverage gap due to severe injuries.
Of course, drivers and passengers involved in accidents frequently encounter bills that far exceed PIP policy limits. Worse yet, P2P platforms may not offer bodily injury liability coverage unless a user is subscribed to a premium plan. If the at-fault party has low coverage or none at all, victims often have to file a personal injury lawsuit to recover full damages. At that point, every decision you make after the collision becomes important.
What Should You Do After a Car-Sharing Collision?
The situation becomes challenging when you have to seek compensation outside the no-fault insurance system. Insurance companies and at-fault parties will do everything they can to avoid liability. Even if they understand you should receive compensation, they’ll try their best to avoid payment.
Here are the steps you must take immediately after an accident to protect your health and support your personal injury claim:
- Check for injuries: Call 911 immediately if anyone is injured, damage is serious, or a hazardous situation exists.
- Document the scene: Take photos/video of vehicle damage, road conditions, and all parties involved.
- Exchange information: Obtain the contact information of the other driver(s), the vehicle owner (if different), and any witnesses.
- File a police report: This is essential for any claim involving a car-sharing accident.
- Report to the platform: If you’re a user of a car-sharing platform, notify the company of the accident through their app.
- Seek medical attention: Even minor symptoms can become serious as time passes.
- Contact your insurer: Notify your own insurance company as soon as possible.
- Speak with an attorney: A car-sharing accident attorney can make sure you’re taking the right steps from the start.
There are no guarantees in personal injury law. However, following these steps can increase your odds of securing maximum compensation. You and your loved ones shouldn’t have to face the difficulties you’re dealing with. Fortunately, you don’t have to face them alone. At Long & Jean, P.A., we know how challenging these cases can be for everyone involved, and we’re here to help.
Injured in a Car Sharing Crash? Start Here
Peer-to-peer car-sharing accidents can result in many of the same injuries as traditional car accidents. Unfortunately, meeting the burden of proof in these cases may be more difficult. While the legal burden of proof remains the same, peer-to-peer car sharing cases often require more extensive documentation and legal investigation.
We know what you’re facing, and we understand that additional requirements can be burdensome. Our clients have often said that it feels like they’re fighting an uphill battle. Unfortunately, these difficulties arise from the involvement of multiple parties, unclear insurance coverage, and platform-specific terms.
We are here to help you recover damages for common car accident injuries like these:
- Whiplash and neck strain
- Concussions and traumatic brain injuries (TBIs)
- Back injuries and spinal damage
- Broken bones
- Cuts and bruises
- Emotional distress
If you’ve experienced any of these or other injuries, a car sharing accident attorney may be able to help. We can negotiate with insurers to secure compensation for your car rental accident injury. While settlements are the most common outcome for our clients, a lawsuit may be necessary. If this happens, you may be entitled to the following damages:
- Economic damages: This award compensates victims for financial losses (e.g., medical bills, lost wages, burial expenses, property damage, etc.)
- Non-economic damages: This award compensates victims for non-financial losses (e.g., pain and suffering, emotional distress, loss of companionship, etc.)
- Punitive damages: Courts may award additional punitive damages to punish at-fault parties for egregious conduct
If this sounds overly complicated, that’s because it is. Personal injury law is incredibly complex. That’s why you should let our Getaround and Turo accident lawyers handle your case. We understand this is a difficult time, but we’re here to shoulder the burden for our clients. Reach out today for a free consultation.
When to Bring in a Car Sharing Accident Attorney
Remember, you don’t have to handle a car-sharing accident claim alone. These cases often involve a complex understanding of Florida injury law, insurance policies, and platform-specific agreements. If you’re feeling overwhelmed or unsure of your next steps, it may be a sign that it’s time to consult an experienced attorney.
Signs You Need Legal Help
If you encounter any of the following issues, it’s time to contact a car-sharing accident lawyer:
- The platform or insurer is denying coverage
- You’re facing medical bills beyond PIP limits
- You’re unsure who is responsible for your injuries
- You were a passenger or pedestrian and aren’t sure how to file a claim
- The accident led to serious injuries or permanent disabilities
How Long & Jean Can Help
If you’ve been injured in a peer-to-peer vehicle collision, there is no shortage of personal injury attorneys who will take your case. However, not all law firms are created equally. You deserve legal representation with extensive experience that offers a local advantage. That’s exactly what you’ll find at Long & Jean, P.A.
Our car-sharing accident attorneys are always ready to help. We have over half a century of experience, which has enabled us to secure numerous multi-million-dollar settlements and court awards. Contact us today to schedule your free case evaluation. We’re here to help.