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Can You Sue Uber For an Accident?

A man standing on the curb using his phone to call a rideshare service

You can sue Uber for an accident in Florida if you suffer a serious injury. “Suing Uber” typically is another way of saying that your claim against the Uber driver will be paid by the large insurance policies that Uber provides to its drivers to cover accidents. In some cases, however, it may be possible to sue the Uber company directly.

An accident involving Uber is different from ordinary accidents legally. Uber is a giant tech company that provides drivers with customers and substantial insurance policies. Yet Uber drivers own their cars and are self-employed. This protects Uber from most, but not all, lawsuits.

After you’ve experienced a traumatic accident, a Florida car accident attorney at Kogan & DiSalvo can step in to help you navigate this complicated legal terrain. We’ll fight for the compensation you deserve. Call now for a free consultation.

What Should I Do After A Car Accident?

The first thing you should do after a car accident in Florida is seek medical care. You could have serious injuries you might not be aware of. Delaying treatment can endanger your health. Your own PIP insurance will cover your initial medical costs.

Most accidents in Florida are handled through the state’s no-fault insurance law. However, there is an exception for accidents involving serious injury. To get past the typical $10,000 PIP no-fault limit, and sue Uber, your injury must fall within the definition of Florida’s serious injury threshold.

To prove the serious injury threshold, you must show the accident caused:

  • Death
  • Permanent injury
  • Permanent loss of bodily function
  • Significant injury causing partial loss of bodily function

How Uber Insurance Works

A black car with extensive damage from a side impact accident

Uber provides several levels of coverage to its drivers. A driver is covered by Uber’s basic insurance while on the app and waiting for a ride request and while on the way to pick up a passenger.

The basic accident liability policy covers injury to Uber passengers, pedestrians, and people in other cars as follows:

  1. $50,000 in bodily injury per person
  2. $100,000 in bodily injury per accident
  3. $25,000 in property damage per accident

Ubers carrying a passenger are covered by a $1 million liability policy.

What Happens After an Uber Accident?

After the accident, you might be asked to give a recorded statement to the insurance company. You’re not obligated to do that. You are vulnerable after such a traumatic experience, and your statement could have legal implications. You should consult an attorney before giving such a statement.

You certainly should go the hospital after the accident. It’s important to have a thorough work-up to check for internal injuries, and a plan for post-accident therapy is important. Follow through on all treatments and therapies.

Suing Uber Directly

It is possible to sue Uber itself. Uber insists its drivers are independent contractors, but Florida law says they can be employees under certain circumstances. When that happens, Uber has liability.

Recovering money from an Uber insurance policy is unlike ordinary accident cases. Different amounts of Uber insurance apply depending on what the Uber driver was doing at any given time; at times, his personal auto insurance applies.

However, Florida law has protections. Uber is not allowed to insist that your insurance deny you first before the company’s insurance applies. Kogan & DiSalvo will fight to make Uber’s insurers, through the courts if necessary, cover your medical bills to the full extent required by law.

How Kogan & DiSalvo Can Help

Business woman on her phone in the back seat of an Uber

Uber, the Uber driver, and all the insurance companies, have incentives to point fingers at each other and deny responsibility for compensating you. The experienced car accident attorneys of Kogan & DiSalvo will apply their decades of accident litigation and investigation experience to your Uber accident. We won’t rest until you get the Uber compensation you deserve. Call now for a free, no-obligation consultation.

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