Boca Raton Uber Accident Lawyer

Every day, thousands of residents, Florida Atlantic University (FAU) students, visitors, and tourists rely on Uber to travel throughout Boca Raton. Whether commuting along I-95, traveling on Glades Road, Palmetto Park Road, Federal Highway (US-1), or Military Trail, heading to Mizner Park, Town Center at Boca Raton, or traveling to and from Boca Raton Airport, Palm Beach International Airport (PBI), and Fort Lauderdale-Hollywood International Airport (FLL), Uber has become one of the most widely used rideshare services throughout Boca Raton and Palm Beach County. Unfortunately, the increased use of rideshare services has also led to an increase in serious Uber-related accidents. Uber drivers often navigate unfamiliar roads, rely heavily on the Uber app for directions and ride requests, make frequent passenger pick-ups and drop-offs, and drive during some of the busiest traffic periods—all of which can contribute to preventable collisions.

Whether you were injured as an Uber passenger, another driver, a pedestrian, bicyclist, motorcyclist, or were struck by an Uber Eats delivery driver, an experienced Boca Raton Uber Car Accident Lawyer can help protect your rights. Unlike a typical car accident, Uber crashes frequently involve multiple insurance policies, disputed insurance coverage, and complicated questions concerning which insurance policies apply, when coverage is triggered, and what insurance benefits are available. Determining which insurance policy is responsible (and the amount of coverage available) often requires an experienced attorney who understands the unique legal and insurance issues involved in Uber accident claims.

As a former partner at one of the nation’s largest insurance defense firms, attorney David B. Datny spent years defending insurance companies before dedicating his practice exclusively to representing injured victims. That unique perspective enables him to effectively navigate the complex insurance coverage issues unique to Uber accident claims, challenge insurers when they attempt to deny coverage or shift responsibility, and aggressively pursue the compensation his clients deserve.

If you were injured in an Uber car accident in Boca Raton, don’t go it alone. The sooner an experienced Boca Raton Uber Car Accident Lawyer becomes involved, the sooner you can focus on your recovery while we handle every aspect of your claim. Call The Datny Law Firm today at 561-221-7474 for a FREE consultation. There is no fee unless we recover compensation for you.

What to Know About Uber Insurance Coverage After an Accident

One of the most important differences between a traditional car accident and an Uber accident is determining the insurance coverage available, the applicable policy limits, and how those coverages apply under the specific facts of the accident. Under Florida Statute § 627.748, Transportation Network Companies (“TNCs”) such as Uber are required to maintain different insurance coverage depending on the driver’s status within the Uber app at the time of the accident. As a result, multiple insurance policies may be available, policy limits may vary significantly, and insurers may dispute the availability or applicability of coverage. Understanding how Uber insurance coverage works is essential to protecting your rights and maximizing your recovery after a Boca Raton Uber accident.

When the Uber App Is Off

If the Uber driver is not logged into the Uber app, the driver is generally considered to be operating as a private motorist. In most cases, only the driver’s personal automobile insurance policy applies, and Uber’s insurance coverage is generally unavailable. Coverage will depend upon the driver’s personal insurance policy and any other applicable insurance available under the specific facts of the accident.

When the Uber App Is On—No Ride Accepted

Once a driver logs into the Uber app but has not yet accepted a ride request, Florida Statute § 627.748(7)(b) requires minimum liability coverage of:

• $50,000 for bodily injury per person;
• $100,000 for bodily injury per accident; and
• $25,000 for property damage.

During this period, insurance coverage disputes are common because a driver’s personal automobile insurer may deny coverage while Uber’s contingent insurance policy may apply.

When the Uber App Is On—Ride Accepted

Once an Uber driver accepts a ride request, Florida Statute § 627.748(7)(c) requires a Transportation Network Company, the participating driver, or a combination of both to maintain primary automobile insurance providing at least $1 million in coverage for death, bodily injury, and property damage throughout the ride, subject to the applicable policy terms, conditions, and exclusions. Depending upon the circumstances of the accident, additional insurance benefits may also be available.

Additional Insurance Coverage That May Be Available After an Uber Accident

Uber’s liability policy is not always the only insurance available after an accident. Depending on the circumstances of the crash, additional insurance coverage and benefits may be available.

Personal Injury Protection (PIP)

Uber does not provide Personal Injury Protection (PIP) benefits in Florida. Instead, PIP benefits generally come from your own automobile insurance policy. If you do not own a vehicle, you may be entitled to PIP benefits through the automobile insurance policy of a resident relative with whom you reside.

Under Florida law, PIP generally pays 80% of reasonable medical expenses and 60% of lost wages, meaning you are generally responsible for the remaining 20% co-payment, as well as any applicable deductible under your policy.

To qualify for PIP benefits, you must generally seek medical treatment within 14 days of the accident. In addition, if your injuries are not determined to constitute an Emergency Medical Condition (EMC), PIP medical benefits are generally limited to $2,500. If a qualified medical provider determines that you sustained an Emergency Medical Condition, up to the full $10,000 in available PIP benefits may be available, subject to the applicable policy limits and Florida law.

Uber Medical Payments (MedPay)

Uber currently provides eligible occupants of an Uber vehicle with up to $5,000 in Medical Payments (MedPay) coverage through Progressive, subject to the applicable policy terms and conditions. MedPay helps pay covered medical expenses regardless of who caused the accident.

Unlike PIP, MedPay generally pays covered medical expenses at 100% of the applicable fee schedule without a 20% co-payment or deductible, making it an important source of additional medical benefits after an Uber accident. If PIP coverage is available, Uber’s MedPay generally applies after available PIP benefits have been exhausted for otherwise covered medical expenses. If no PIP coverage is available, Uber’s MedPay may provide primary medical expense benefits, subject to the terms, conditions, and exclusions of the policy.

In addition, Uber’s MedPay benefits are generally subject to a right of reimbursement. This means Progressive may seek repayment of MedPay benefits paid from any bodily injury settlement or judgment you recover from the at-fault party.

Properly evaluating and resolving these reimbursement claims is another reason why it is important to retain an experienced Boca Raton Uber Car Accident Lawyer as early as possible.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Unlike some other states, Uber does not provide Uninsured/Underinsured Motorist (UM/UIM) coverage for Florida rideshare accidents. However, if you purchased UM/UIM coverage under your own automobile insurance policy—or are insured under the policy of a resident relative—you may be entitled to additional compensation if the at-fault driver has no insurance or insufficient liability coverage to fully compensate you for your injuries.

Uber Eats Accidents

If the Uber driver was making an Uber Eats delivery rather than transporting passengers, different insurance rules apply. Uber Eats drivers generally are not provided PIP, UM/UIM, or Uber’s optional MedPay coverage. As a result, identifying all available insurance coverage—including the driver’s personal automobile insurance, Uber’s applicable liability policy, and any other available insurance—becomes even more important.

Other Available Insurance Coverage

Depending on the facts of your accident, additional insurance coverage may also be be available, including:

• The at-fault driver’s liability insurance;
• Umbrella or excess liability insurance policies;
• Employer insurance if a negligent driver was acting within the course and scope of employment; and
• Any other applicable insurance coverage identified during the investigation.

Every Uber accident presents unique insurance issues. Identifying all available insurance coverage, determining the applicable policy limits, and resolving complex insurance coverage disputes often requires an experienced Boca Raton Uber Car Accident Lawyer who understands both Florida’s Transportation Network Company Act and Florida insurance law.

Speak With a Boca Raton Uber Car Accident Lawyer Today

If you were injured in an Uber car accident in Boca Raton—whether as an Uber passenger, Uber driver, another motorist, pedestrian, bicyclist, motorcyclist, or scooter rider—The Datny Law Firm can help. Don’t go it alone. Time is of the essence. The longer you wait to obtain experienced legal representation, the greater the risk of losing critical evidence, overlooking available insurance coverage, delaying necessary medical treatment, or accepting less compensation than your case may be worth.

Let us handle the insurance companies, paperwork, and legal process while you focus on your recovery. We proudly represent Uber accident victims throughout Boca Raton and Palm Beach County. Our office is conveniently located on Corporate Boulevard, between Military Trail and Glades Road, just minutes from the I-95/Glades Road interchange. Call The Datny Law Firm today at 561-221-7474 for a FREE consultation. There is no fee unless we recover compensation for you.