Struck by an Uber in Florida? A Legal Guide for Pedestrians and Cyclists

Struck by an Uber in Florida: Guide for Pedestrians and Cyclists

Ridesharing services such as Uber and Lyft have become increasingly popular in Florida, offering convenient and affordable transportation options for millions of residents and visitors. However, these services also pose significant risks for pedestrians and cyclists, who may be injured or killed by negligent or reckless Uber in Florida. According to the Florida Department of Highway Safety and Motor Vehicles, there were 6,399 bicycle crashes and 9,356 pedestrian crashes in Florida in 2020, resulting in 183 and 716 fatalities, respectively. Some of these crashes involved Uber vehicles, which are not subject to the same safety standards and inspections as taxis or limousines.

If you are a pedestrian or cyclist who has been struck by an Uber in Florida, you may be wondering what your legal rights and options are. Who is liable for your injuries and damages? How can you obtain compensation for your medical bills, lost wages, pain and suffering, and other losses? What are the challenges and complexities of pursuing a claim against an Uber driver or the Uber company? These are some of the questions that this blog post will address, providing you with a legal guide for pedestrians and cyclists who have been injured by an Uber in Florida.

Understanding the Basics

How Uber’s Insurance Policy Works in Florida

Uber in Florida, like other rideshare companies, operates under a unique insurance structure in Florida. The coverage provided by Uber’s insurance policy varies depending on the phase of the ride:

Offline or App Off: When the Uber driver is not using the app, their personal auto insurance is the primary coverage.

App On, No Ride Accepted: When the driver has the app on but hasn’t accepted a ride, Uber provides a contingent liability coverage. This means if the driver’s personal auto insurance doesn’t cover an accident or provides insufficient coverage, Uber’s policy can step in with a limited coverage, typically up to $50,000 per person for bodily injury, $100,000 total per accident for bodily injury, and $25,000 for property damage.

Ride Accepted to Ride Completion: From the moment a driver accepts a ride to the time the passenger exits the vehicle, Uber’s commercial insurance policy is in effect. This policy provides up to $1 million in third-party liability coverage, which can cover damages to pedestrians or cyclists struck by an Uber driver.

The Difference Between Personal Auto Insurance and Uber’s Commercial Policy

Understanding the distinction between personal auto insurance and Uber’s commercial policy is crucial for anyone involved in an accident with a rideshare vehicle.

Personal Auto Insurance: This is the insurance policy that every vehicle owner must have. It covers accidents that occur when the vehicle is used for personal reasons. However, many personal auto insurance policies have a “business use exception,” which means they might not cover damages if the vehicle was being used for commercial purposes, like ridesharing.

Uber’s Commercial Policy: This is a separate policy provided by Uber to its drivers. It offers coverage when the driver is using the app, either waiting for a ride request or during an active ride. The coverage limits are significantly higher during an active ride, reflecting the increased risk with passengers on board or en route to pick up a passenger.

For pedestrians and cyclists, this distinction is vital. If struck by an Uber driver who is “on the clock,” the compensation avenues available are different than if the driver was off-duty. It’s essential to determine the driver’s status at the time of the accident to know which insurance policy applies.

In any scenario, navigating the complexities of insurance claims after an accident with an Uber vehicle can be challenging. It’s beneficial to consult with experienced legal professionals, like those at Bengal Law, to ensure you’re adequately compensated for your injuries and damages.

Why You Need a Personal Injury Attorney after being Struck by an Uber in Florida

The Challenges of Dealing with Insurance Companies

Navigating the aftermath of an accident can be overwhelming, especially when dealing with insurance companies that represent powerful rideshare corporations like Uber. These companies are equipped with vast resources and teams of lawyers whose primary goal is to protect their bottom line. Here are some challenges you might face:

Complex Policies: Rideshare insurance policies are multifaceted. Determining which policy applies, whether it’s the driver’s personal insurance or Uber’s commercial policy, can be confusing.

Delay Tactics: Insurance companies often employ delay tactics, hoping that claimants will become frustrated and accept a lower settlement or give up on their claim altogether.

Denial of Liability: They might argue that their driver was not at fault or that the victim’s injuries aren’t as severe as claimed.

Limited Communication: Insurance adjusters might be hard to reach, not return calls promptly, or provide vague answers, making the process even more challenging.

Tactics Insurance Companies Employ to Minimize Payouts

Insurance companies are businesses, and like all businesses, they aim to maximize profits. One way they achieve this is by minimizing the amount they pay out in claims. Here are some common tactics they use:

Quick Settlement Offers: Shortly after an accident, they might offer a quick settlement, hoping victims will accept without realizing the full extent of their injuries or damages.

Discrediting Victims: They may attempt to discredit the victim by suggesting they had pre-existing conditions or were at fault for the accident.

Requesting Unnecessary Documentation: By asking for excessive evidence or paperwork, they can delay the process and frustrate the victim.

Using Statements Against Victims: Anything you say to an insurance adjuster can be used against you. They might twist your words to make it seem like you’re admitting fault or downplaying your injuries.

Undervaluing Claims: Adjusters might undervalue the cost of repairs, medical bills, or long-term impacts of injuries to reduce the payout.

Steps to Take if Struck by an Uber in Florida

Seek Medical Attention Immediately

Your health and safety are paramount. Even if you believe your injuries are minor, it’s crucial to seek medical attention immediately after the incident. Some injuries may not manifest symptoms right away but can have long-term consequences. By seeing a medical professional, you ensure that your injuries are properly diagnosed and treated, and you also have a documented record of the injuries sustained from the accident.

Document the Scene

Gathering evidence at the scene can be invaluable for any future legal proceedings. If you’re able, take the following steps:

Photographs: Capture clear images of the accident scene, including the vehicle, your injuries, any property damage, and any relevant road signs or signals.

Witness Information: If there were any witnesses to the accident, collect their names and contact details. Their accounts can provide an objective perspective on the incident.

Driver Details: Obtain the Uber driver’s name, contact information, license plate number, and insurance details.

Report the Incident to Uber and Local Authorities

Informing Uber about the incident ensures that they are aware of the actions of their driver. You can report the incident through the Uber app or their website. Additionally, it’s essential to file a police report. Local authorities will document the incident, providing an official record that can be crucial for any legal claims.

Avoid Making Statements to Insurance Adjusters Without Legal Counsel

Insurance adjusters might contact you soon after the accident. While they may seem friendly and concerned, remember that their primary goal is to minimize the payout for the insurance company. It’s advisable to avoid giving any statements or accepting any offers without first consulting with a legal professional. Anything you say can be used against you later.

Contact a Trusted Personal Injury Attorney

Navigating the aftermath of an accident with a rideshare vehicle can be complex. By reaching out to a trusted personal injury attorney, like those at Bengal Law, you ensure that your rights are protected. An experienced attorney can guide you through the legal process, advocate on your behalf, and work to secure the compensation you deserve.

Being involved in an accident can be a traumatic experience. However, by taking these steps, you can protect your rights and set the foundation for a successful legal claim. Remember, you don’t have to navigate this journey alone—Bengal Law is here to support and guide you every step of the way.

An integral part of our daily transportation

In today’s fast-paced world, rideshare vehicles like Uber in Florida have become an integral part of our daily transportation. However, with their rise comes an increased risk of accidents and subsequent legal complexities. When involved in such an incident, the path to justice and compensation can be fraught with challenges, making it imperative to seek expert legal counsel.

Navigating the intricacies of rideshare accidents requires a deep understanding of both the legal landscape and the tactics employed by insurance companies. Without proper representation, victims can find themselves overwhelmed, underserved, and undercompensated.

This is where Bengal Law steps in. Our firm stands as a beacon of hope and support for those seeking justice. Our commitment goes beyond just legal representation. We provide personalized attention, ensuring that every client feels seen, heard, and understood. With decades of experience, a unique insider perspective on insurance tactics, and a genuine passion for advocacy, Bengal Law offers an unparalleled legal partnership.

In conclusion, while the aftermath of a rideshare accident can be daunting, you don’t have to face it alone. With Bengal Law by your side, you have a team dedicated to ensuring your rights are protected, your story is told, and your future is secured. Choose Bengal Law and experience the difference of personalized, attentive, and experienced legal support.

Why Choose Bengal Law

Decades of Experience

At Bengal Law, our legacy is built on decades of experience in the realm of personal injury law. This extensive background equips us with the knowledge and expertise to navigate the complexities of the legal system. We don’t just handle cases; we leverage our vast experience to maximize the value of each case, ensuring our clients receive the compensation they rightfully deserve.

Former Insurance Adjuster & Insurance Defense Attorney

Our team’s unique background sets us apart. Having previously worked as insurance adjusters and defense attorneys, we possess an insider’s perspective on how insurance companies operate. This experience grants us a distinct advantage, allowing us to anticipate and counter the tactics insurance companies employ. With Bengal Law, you’re not just getting a personal injury attorney; you’re getting a team that understands both sides of the fence, ensuring a comprehensive defense of your rights.

Prompt & Attentive Communication

We believe that the foundation of a successful attorney-client relationship is built on trust and communication. At Bengal Law, we pride ourselves on treating our clients like family. This means being there when you need us, providing prompt responses, and ensuring you’re always in the loop regarding your case’s progress. Our commitment to attentive communication ensures that you’ll never feel like just another case number; you’ll feel heard, valued, and supported throughout the entire process.

Low Volume, High-Value Practice

While many law firms might chase quantity, at Bengal Law, we prioritize quality. By focusing on a select number of cases, we ensure that each client receives the undivided attention they deserve. This approach allows us to dive deep into the specifics of each case, ensuring no stone is left unturned. The result? A meticulously crafted legal strategy that aims to achieve the best possible outcome for our clients. When you choose Bengal Law, you’re choosing a firm that values the depth of its work over breadth, ensuring your case gets the time, attention, and expertise it warrants.

What to Expect When Working with Bengal Law

A Deep Dive into Your Story

At Bengal Law, we believe that every case is rooted in a personal narrative. We take the time to listen to your story, understanding every nuance, emotion, and detail. This isn’t just about gathering facts; it’s about understanding the impact of the incident on your life. By immersing ourselves in your experience, we can represent you with genuine empathy and passion.

Comprehensive Document Gathering

Building a compelling case requires more than just a personal account. We undertake a rigorous process of document gathering, ensuring that every piece of evidence, from medical records to accident reports, is collected. This meticulous approach ensures that we have a robust and comprehensive case file, ready to counter any challenges and support your claims.

A Commitment to Maximizing the Value of Your Case

Our primary goal is to ensure you receive the compensation you deserve. With our extensive experience and deep understanding of the legal landscape, we strategize to maximize the value of your case. Whether through negotiation or litigation, we are committed to achieving the best possible outcome for you, ensuring that all damages, both tangible and intangible, are accounted for.

Contact Us Today!

Accidents can be life-altering, leaving victims with physical, emotional, and financial burdens. When these accidents involve rideshare vehicles like Uber, the path to justice can become even more intricate. But remember, you don’t have to navigate this journey alone.

If you or a loved one has found themselves in the unfortunate situation of being involved in an accident with an Uber in Florida, we genuinely want to hear your story. Every narrative is unique, and every individual deserves justice.

Reach out to Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. Whether you prefer texting or calling, our team is readily available to listen, advise, and act. Contact us at 407-815-3000.

Let our expertise be your guiding light. Allow us to help you navigate the intricacies of the legal system, advocate for your rights, and ensure you receive the compensation you rightfully deserve. Your journey to justice begins with a single call. We’re here, ready to stand by your side. Contact us today!