Wellington Uber/Uber Eats Car Accident Lawyer
The Datny Law Firm of Wellington, Florida
Uber has become a convenient means of transport in and around Wellington. Uber Eats has also made it easy for Wellington residents to have their favorite foods delivered at their doorstep. With the increase in the number of Uber and Uber Eats vehicles on Wellington roads, there has been a significant increase in the number of accidents involving Uber/UberEats drivers. Like other ridesharing companies, Uber is categorized differently from taxi companies, and certain regulations may not apply.
Uber/Uber Eats drivers are considered freelance drivers rather than Uber employees. This makes litigation of Uber/Uber Eats accident cases difficult in terms of liability. Recovering compensation after an Uber/Uber Eats accident can be difficult, especially if you decide to handle things on your own. At The Datny Law Firm, our Uber/Uber Eats attorney is well-versed with the Florida Uber laws and can help you recover damages for your injuries following an Uber/Uber Eats accident.
Florida Uber Laws
In May 2017, the governor of Florida signed the Uber/Lyft Bill. Among the many things, it categorized Uber and other ridesharing companies as Transport Network Companies (TNC). That is why Uber is treated differently from other transportation services like buses and taxis. Most importantly, this law affects personal injury claims and the compensation awarded to an accident victim.
Several scenarios may arise when it comes to compensation in Uber/Uber Eats accidents. Here are the commonest and the insurance coverage that applies:
Uber Accident during Trips or En Route to Pick Up Riders
Like other drivers in Florida, Uber/Uber Eats drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) and a minimum of $10,000 in Property Damage Liability (PDL). Additionally, Uber provides insurance coverage for drivers and passengers from the moment the driver accepts a ride request via the Uber app to the moment a passenger gets off the car.
Uber provides an auto insurance coverage of a minimum of $1 million for bodily injury and property damage where an Uber passenger or driver gets injured while on a trip. Uber also provides uninsured motorist (UM) or underinsured motorist (UIM) bodily injury coverage of a minimum of $1 million. This covers any car occupant when another driver is at fault, and either does not have insurance or has insufficient insurance to cover the damages caused to the car occupants.
Uber Accident When the App Is Off and Inactive
Whenever the Uber app is off and inactive, any movement is considered to be for personal benefit. Therefore, any accident that occurs is covered by the driver’s personal insurance since there is no involvement with Uber.
Uber Accident When the Driver Is Waiting For a Ride Request
Whenever the app is on, and the driver is actively looking for a ride request, any accident in which they are at-fault will be covered by Uber to a certain limit. In such cases, Uber’s insurance will provide a $50,000 coverage for bodily injury per person and $100,000 per accident, and $25,000 for property damage per accident.
Recovering Compensation after an Uber/Uber Eats Accident
Recovering compensation in an Uber/ Uber Eats accident can take two approaches. The first is to seek compensation from Uber, and the second is filing a personal injury lawsuit against a negligent driver.
Personal Injury Lawsuits after an Uber/Uber Eats Accident
Uber’s insurance coverage is usually the primary coverage for drivers on the clock, passengers, and other third parties. However, one may also have the right to pursue compensation through a personal injury lawsuit, especially where a negligent party is at fault. Under Florida laws, any party contributing to your Uber accident can be held responsible for your injuries. Here are some of the parties that can be held liable in a Wellington Uber/Uber Eats accident:
While this is not commonplace, victims may file a personal injury lawsuit against an Uber driver if their negligence resulted in your injuries. This might be a viable option, especially when the Uber insurance coverage is insufficient to cover your losses.
In some cases, other drivers may be responsible for your Uber accident. If you get injured in such an accident, you have the right to file a personal injury lawsuit to recover damages from the negligent driver.
In some cases, defective products such as tires or airbags could be the cause of your Uber accident. Faulty tires may make it difficult to brake properly, which could result in an accident. A defective airbag could also explode in the car, causing your Uber driver to crash. In such cases, the designers, manufacturers, or sellers of these products may be held responsible for the Uber accident and your injuries.
Uber accidents could also be caused by other road users like pedestrians, bicyclists, motorcyclists, or even government agencies tasked with maintaining roads. Such parties can also be held responsible for your injuries, and you could recover damages from them in a personal injury lawsuit.
Damages Available In A Wellington Uber/Uber Eats Accident
Injuries suffered in an Uber/Uber Eats accident could be life-altering, and victims may be eligible to receive various damages. The most common damages recoverable in such accidents include:
These refer to damages awarded to Uber accident victims for losses whose dollar value can be determined. Such damages include:
- Present and future lost wages
- Present and future medical bills
- Property damage
- Rehabilitation costs
- In-home nursing costs
- Loss of earning capacity
- Out-of-pocket costs
These are also referred to as pain and suffering as they are awarded to compensate victims for the loss of quality of life. Common non-economic damages include:
- Mental and emotional distress
- Permanent disability
- Aggravation of existing conditions
- Loss of enjoyment of life
- Loss of consortium or companionship for spouses
These may not be awarded in all Uber/Uber Eats accident cases but could be awarded when the actions of the at-fault party are considered gross negligence or intentional wrongdoing. These damages are meant to punish the defendant and deter them from acting recklessly in the future.
Contact an Experienced Wellington Uber/Uber Eats Accident Attorney
David B. Datny has worked in the insurance field for many years and has interacted with many insurance companies and insurance adjusters. He knows how to approach insurance companies to get his clients the best compensation for their injuries. If you or a loved one has been involved in an Uber/Uber Eats accident in Wellington, you need an experienced lawyer to help you with your claim. Call David B. Datny today at 561-221-7474 to evaluate your case in a free consultation.