Ridesharing apps, like Uber and Lyft, have changed the way we travel and have indeed revolutionized the transportation industry in the process. No one wants to stand on the road waving at taxi drivers to stop when you can call for a ride with a single tap on your phone.
With the popularity of Uber, it’s quite natural that the number of accidents involving Uber drivers also rises proportionally. In this article we will answer the top commonly asked questions when an accident involves a motorcyclist and an Uber driver.
Are You Entitled to PIP (Personal Injury Protection)?
Motorcyclists are not entitled to PIP if they are hit by an Uber driver.
Can a Motorcyclist Hit by an Uber File a Personal Injury Claim?
Yes. Motorcyclists hit by an Uber can file a personal injury claim but only if the crash was caused due to negligence of an Uber driver. Generally, an Uber driver’s liability insurance will pay for the following types of damages and injuries:
- Pain and suffering;
- Inconvenience;
- Lost wages;
- Diminished value of your motorcycle;
- Funeral expenses;
- Medical expenses;
- Disability;
- Mental anguish;
- Disfigurement and scarring;
- Replacement value of lost personal property (For example: wrist watch, smartphone, clothes, etc.).
Can You Receive a Settlement from an Uber Accident?
Yes, but only if the accident occurred due to negligence of an Uber driver.
What Types of Insurance Do Uber Drivers Have in Florida?
Florida passed a law in 2017 to regulate ridesharing companies, such as Uber and Lyft. The law specifies the minimum amount of coverage Uber drivers must carry.
There are several factors which affect the outcome of an Uber claim as the law specifies several conditions for a claim. As per Florida Statute § 627.748(7)(b)1. a. (Chapter 2017-12), if the Uber app was on but the Uber driver was not engaged in a ride, then the Bodily Injury Coverage has a limit of $50,000.00 per person and $100,000.00 per accident. Uber drivers also carry $25,000.00 in Property Damage Coverage which can compensate you for your property damage.
When the Uber driver is engaged in a ride and has their Uber app on, as per Florida Statute §627.748(7)(c)1.a. (Chapter 2017-12), the Bodily Injury Coverage limit is $1,000,000.00. Therefore, a motorcyclist can recover up to $1 million for his damages if he is hit by an Uber driver who is engaged in a ride.
What is the Time Limit for Filing a Claim in an Uber Accident?
Florida has a statute of limitations of 4 years, which means that a motorcyclist must file a claim within 4 years after the accident.
What if a Motorcyclist is Also at Fault?
Florida uses a comparative fault approach, which essentially means that the settlement or verdict will be reduced if both the parties are held partially responsible for an accident. Thus, if the motorcyclist is also at fault for the accident, then this will reduce the amount of the settlement or verdict based on the percentage he or she is found to be at fault.
Get the Help of an Experienced Personal Injury Lawyer in Florida
If you are a motorcyclist who gets involved in an accident with an Uber driver in Florida, it’s important to get the help of an experienced personal injury lawyer in St. Petersburg. Getting experienced legal counsel can help you in many ways. Contact us at 727-800-5052 for a free legal consultation. Marsalisi Law is Where Law Gets Personal.
