Uber Accident Attorney in Pompano Beach, FL

Who Is Responsible?

Determining who’s at fault in an Uber accident can be challenging. Sometimes, the driver may be responsible, especially if they were intoxicated or not paying attention to the road. In other cases, a third party could have caused the event.

Passenger Claims in an Uber Accident

As an Uber passenger, you’re usually not responsible for any accident that occurs in the vehicle. Liability typically rests with the driver or an at-fault third party.

In this scenario, you and your driver might be covered by Uber’s $1 million insurance policy (more about this later). Consult with an Uber passenger injury lawyer to learn more.

Another Driver Hit Your Uber

If another driver hits the Uber you were traveling in, they are usually at fault for the accident. Their insurance company may pay out if you have medical bills or other damages.

An Uber Driver Hit You

Maybe you were hit by an Uber while driving your car or walking down the street. In this scenario, the Uber driver may be at fault for the accident.

Shared Fault

In some cases, multiple parties may be at fault for an Uber accident, including the driver, another motorist, and a pedestrian. This is where things get complicated, so it’s best to seek the help of an Uber accident attorney in Pompano Beach. They can determine liability and build a strong case to present to insurers and, if necessary, the courts.

Regardless of who is at fault for your Uber accident, you need to act quickly. In Florida, the statute of limitations for a personal injury case based on another person’s negligence is now two years, down from four years prior to 2023. This means you don’t have that long to file a lawsuit against an at-fault party and their insurance company (if you decide to go down this route). Therefore, we recommend talking with a local personal injury lawyer as soon as possible.

Insurance Coverage: What Applies and When

Rideshare accidents often involve multiple parties, making it challenging to determine which insurance policy (or policies) apply. Here are some of the most common insurance scenarios that we encounter:

App Off vs. App On vs. On-Trip

As we mentioned earlier, Uber has its own $1 million insurance policy that covers both Uber drivers and passengers in the event of a crash. However, this only takes effect if the Uber driver has accepted a ride or a passenger is already in their vehicle. If the driver’s app is on but no ride is in progress, Uber’s limited liability insurance may apply. This provides coverage up to $50,000 per injury (with a maximum of $100,000) and up to $25,000 in property damage.

An Uber driver might hit another motorist or a pedestrian when their app is off—for example, the driver has finished their shift and is driving home. In cases like this, the Uber driver’s personal insurance policy applies, not Uber’s.

Florida PIP, MedPay, and Health Insurance

Florida law requires all drivers to have Personal Injury Protection (PIP) automobile insurance. If you’re involved in an Uber accident, this insurance can cover any medical bills and other damages up to $10,000 in most cases, regardless of who is at fault. The owner of the vehicle that caused your accident may have MedPay in addition to PIP, which can also cover your medical costs. These coverages typically take precedence, with Uber’s insurance policy applying subsequently to cover any remaining expenses.

It can take time for insurance companies to pay out after an Uber crash. You may need to rely on your own health insurance to cover medical bills until you settle your claim.

UM/UIM Insurance

It’s important to note that the Uber driver or other motorist who caused your accident might not have enough insurance—or any insurance at all—to cover your damages. If you have uninsured motorist (UM) and/or underinsured motorist (UIM) coverage as part of your automobile policy, this can help you recover the cost of medical bills and other expenses.

As you can see, dealing with insurance after an Uber accident is complicated, so you’ll want to consult with an Uber accident attorney in Pompano Beach at the earliest opportunity. Doing so can ensure you get the right amount of cash to cover any financial losses.

First 24 Hours and Evidence to Save

The first 24 hours after an Uber accident are arguably the most important. Here’s what you should do immediately after your crash:

Seek Care First, and Then Collect Evidence

Even if you’re feeling OK after your accident, you should get medical attention as soon as you can. A doctor will document any injuries you have, which serves as important evidence for your claim.

You should also collect as much evidence as possible from the accident scene to strengthen your case and prove liability. Here’s some evidence you might want to gather:

• Photos of your injuries and damage to vehicles or other property
• Dashcam footage if you’re hit by an Uber while driving your car
• Contact details of any witnesses at the scene and, if possible, statements detailing what they saw
• Police reports

Trip receipts, maps, and other information from your Uber app

If you experienced an Uber accident as a passenger, take screenshots of any information from your Uber app that documents your journey. This can include the driver’s profile, any messages exchanged between you and the driver, the route map you took, and your trip receipt. Save these screenshots in the cloud so you always have access to them. This evidence might come in handy when you file a claim.

Spoliation letters for app logs, dashcams, and EDRs

One of the best things about working with a personal injury attorney is that you can get additional evidence to support your claim that you may not be able to collect on your own. This includes:

• Spoliation letters: Your attorney can file a spoliation letter with Uber, which helps ensure the company preserves evidence such as in-app logs, trip details, and other important information.
• Driver’s dashcam footage: You may also be able to get dashcam videos from the at-fault driver through your attorney, proving liability for your accident.
• EDR information: Event Data Recorder (EDR) information from the at-fault driver’s vehicle may provide details about the car’s speed and whether the driver applied their brakes in a timely manner.
• Vehicle Telematics: As well as EDR information, an attorney may be able to obtain additional vehicle data from the at-fault driver, including GPS data and engine diagnostics.

A good legal team will secure and preserve all of this evidence in case an insurer needs it or your case goes to court.

What Compensation Can Include and Typical Timelines

The amount of compensation you may receive after an Uber accident will depend on various factors, such as the severity of your injuries. A personal injury attorney can help you understand your rights under Florida law and potentially increase your total payout.

Medical Costs, Lost Wages, and Pain and Suffering

The main types of compensation in an Uber accident claim are as follows:

• Medical Costs: You may have various medical costs if you are injured as an Uber passenger or hit by a driver. These expenses can include doctor’s visits, hospital bills, medication prescriptions, and expensive surgeries. You can also claim for future care needs, such as ongoing physical therapy or at-home help.
• Lost Wages: Many Uber accident victims have serious injuries that prevent them from working, resulting in lost income. If this is the case for you, talk to a personal injury attorney about compensation.
• Pain and Suffering: With the help of an attorney, you could claim for any physical and emotional distress you experience after your accident, such as chronic pain and mental trauma.
• Property Loss: You could seek damages for any property damaged during your accident. This may be your vehicle if you were hit by an Uber driver or your personal belongings if you were in the back seat of a car.

For a successful compensation outcome, make sure you keep evidence of medical treatment, lost wages, property loss, and other consequences that result from your accident.

Claims, Negotiation, and When Lawsuits Make Sense

After you make a claim with an insurance company, they may try to lowball you with a compensation offer, delay a payout, or use other tactics that make your life difficult. We’ve seen many of our clients face similar challenges, which is why we’re ready to stand in your corner. For example, our team can negotiate a final settlement offer that suits you and your family and communicate with insurance adjusters on your behalf. This can speed up the claims process, ensuring you receive a payout quicker. If insurers don’t comply, we can file a lawsuit in court.

Rather than giving recorded statements to insurers that may twist your words, let us do all the hard work for you. We know how to handle these companies and protect your rights.

How Long & Jean Helps

Been injured in an Uber or by an Uber driver in South Florida? It’s time to fight for the compensation that’s legally yours. Long & Jean, P.A., provides dedicated legal representation to those affected by others’ negligence, making us the community’s premier personal injury law firm. Unlike some other firms, we operate on a contingency fee basis, meaning you don’t pay us anything unless there’s a successful outcome.

Your journey to justice starts with one call. Simply pick up the phone and get in touch with the best Uber accident attorney in Pompano Beach. We’ll arrange a FREE one-on-one consultation to discuss your details.