North Miami Beach Uber Accident Lawyer

March 16, 2023 | Attorney, Matthew Dolman

If you have been involved in an Uber accident, you may be confused about what to do first. You were likely anticipating an easy, safe ride home, but instead, you were involved in an accident and sustained injuries. What happens next? 

Working with an attorney may be the best way to seek compensation for your medical expenses, pain and suffering, and lost wages related to your injuries. 

If you've sustained injuries in an Uber accident, a North Miami Beach Uber accident lawyer at Dolman Law Group can help. If you retain us, we will work with you to recover compensation for the total cost of your injuries.

Our Uber Accident Case Results

Our North Miami Beach personal injuries have significant experience representing Uber accident victims throughout Florida, as well as other personal injury victims. Our attorneys have experience engaging in settlement negotiations and litigating cases at trial. 

This wealth of experience, coupled with our extensive resources, ensures that we can aggressively enforce your rights against powerful insurance companies. In many of our past cases, we have successfully recovered millions of dollars in compensation for our clients, depending on the accident's severity and resulting injuries

While we cannot guarantee a favorable result in your specific case, we are dedicated to recovering fair compensation from the insurance policies involved in every case. Whether we settle your case out of court or take it all the way to trial, our attorneys are ready to fight for your rights.

Typical Uber Accident Injuries

Uber accidents are similar to other car accidents, except for one key detail: Uber employed the driver of your vehicle at the time of the accident. Individuals involved in Uber accidents can sustain a wide range of injuries, including:

  • Whiplash
  • Broken bones
  • Strains and sprains
  • Bruises
  • Traumatic brain injury
  • Spinal cord damage
  • Internal bleeding
  • Organ damage
  • Paralysis
  • Loss of limbs
  • Post-traumatic stress disorder (PTSD)

If you've been injured in an accident with an Uber driver, your injuries may range from minor to severe. It's important to seek medical care as soon as possible following the accident to ensure your injuries are taken care of and officially documented.

Fault in North Miami Beach Uber Accidents

Most often, either the Uber driver or a driver of another vehicle is responsible for the accident. Florida is a “no-fault” jurisdiction (Florida Statutes § 627.7407), meaning individuals typically seek compensation from their own insurance policies after an accident to cover the initial cost of injuries up to their policy limits. 

However, if the Uber driver is completely or partially responsible for the accident, you may also be able to seek recovery under that driver's Uber insurance policy. Your attorney can help you determine who is at fault for your injuries and who can be held responsible for paying the expenses related to those injuries.

How Uber Accident Claims Work

When you are involved in an accident with an Uber driver, whether you are traveling as a passenger or an Uber driver struck your car, you need to understand how the Uber accident claims process works. Filing a claim with Uber can be more challenging than you may have thought. This is because Uber's liability insurance policy is only in effect during specific times.

When does Uber Pay?

Uber provides its drivers with a $1 million liability insurance policy that is in effect when a driver is actively transporting a passenger or on their way to pick up a passenger. If the app is turned on and the driver is waiting for a ride request, a different Uber insurance policy applies.

If the accident in question occurred outside of these time periods (e.g., when the driver's app was turned off), you will not be able to file a claim with Uber's auto insurance company. 

However, Florida law requires drivers to carry personal auto insurance policies. This means the Uber driver should have an auto insurance policy in place that may provide you with specific types and amounts of benefits based on the specific details of the policy.

What Happens When Uber Isn't Liable?

When Uber's insurance is not in effect, you may file a claim with the Uber driver's auto insurance provider. If you carry personal injury protection (PIP) coverage on your auto insurance policy, you may also file a claim with your insurer to recoup some of your damages. 

However, filing a claim with your own auto insurance company will likely increase your premiums when your policy renews. For this reason, it may be in your best interest to discuss your legal options further with your attorney before filing insurance claims of any kind.

How Shared Fault Works for Uber Accidents in North Miami Beach

Florida follows a pure comparative negligence system under Florida Statutes § 768.81. While sharing liability will not bar you from financial recovery, it will have an impact on the amount of compensation you can be awarded in your North Miami Beach Uber accident claim. 

If you failed to wear your seatbelt, were driving unsafely, or are otherwise found to be partially at fault for the injuries you sustained, your injury settlement can be reduced to reflect your portion of culpability. 

For example, if you are awarded $100,000 but are found 30% at fault for your injuries, you could only collect 70% of your $100,000 award, or $70,000. If you have questions regarding how Florida's shared fault laws could impact your Uber accident claim in North Miami Beach, do not hesitate to contact our office to discuss your concerns in greater detail.

What Kinds of Damages Can Be Recovered?

When you are injured in an accident with an Uber driver, there are several types of damages that you may be able to recover, including:

  • Medical expenses related to your injuries
  • Reasonable future medical expenses related to your injuries
  • Compensation for pain and suffering
  • Compensation for lost wages as a result of your injuries
  • Compensation for permanent disability suffered because of the accident

The amount of compensation you can receive will depend on a variety of factors, including the circumstances surrounding the accident, the extent of your injuries, and who is held responsible for the accident. Working with an attorney will help you determine how to seek compensation for the full cost of your injuries.

Will Uber and Its Drivers Try to Get Out of Paying Their Fair Share?

If you were injured in an accident with an Uber driver, whether you were an Uber passenger or in another vehicle, you may be entitled to compensation for any injuries sustained during the accident. Unfortunately, Uber and its insurance companies may attempt to limit how much compensation you receive. Below we discuss two of the most common strategies employed to limit recovery. 

  • Offering a low initial settlement offer. This is one of the most common strategies insurance companies may use when dealing with car accident settlements. Instead of offering full compensation for your injuries, insurance companies may present a low offer, usually early in the process, when you may still be vulnerable and panicking about what to expect. It's important to consult with an attorney before signing any paperwork associated with your claim, especially if you believe the insurance company has offered you an unfair settlement amount. 
  • Trying to establish that someone else was at fault. In some cases, Uber's insurance companies may attempt to prove that another individual involved in the accident was responsible for the crash, rather than the Uber driver. This tactic may make it more difficult for you to recover.

What Will a North Miami Uber Accident Lawyer Cost Me?

Expenses can add up quickly in the immediate aftermath of an accident. If you have been involved in an Uber accident, you may be worried about mounting medical bills, lost wages, and other expenses associated with your injuries. You may also be worried about affording an attorney to represent you throughout your personal injury claim. 

Fortunately, Dolman Law Group offers free consultations to discuss the details of your case and your legal options. We take most cases on a contingency-fee basis, meaning you won't pay attorney's fees unless we successfully recover compensation in your case. We deduct our fees from your settlement amount, allowing you to continue living your life during your claim process.

Common Mistakes People Make When Filing an Uber Accident Claim

While you may file an Uber accident claim on your own, many people find this undertaking much more frustrating and complex than they initially thought, leading to costly mistakes. These are some of the common mistakes people make when filing an Uber accident claim:

Getting Tricked Into Admitting Fault

Many people find that insurance companies are trickier than they thought. It is important to remember that the insurance company representatives are not your friends. They may do anything in their power to ensure they keep their money in their pocket. They may accomplish this by asking loaded questions that can trick you into admitting fault or by taking recorded statements that can be used out of context.

Failing to Get Medical Attention As Soon As Possible

You must seek medical attention as soon as possible. Failing to get a broken bone or other injury looked at as soon as possible can lead to your claim losing credibility. The insurance company may reason that since your injuries did not necessitate immediate care, they were not as severe as you claim.

Posting About the Uber Accident on Social Media

Many people do not realize how public the information posted on social media is, and that comes back to haunt them when the information they put online ends up affecting their claim. Insurance companies know that social media is often a vulnerability of many claimants and will try to see what info they can gather that can potentially harm a person's claim. Refrain from putting any information regarding an Uber accident online, and remember to check your privacy settings on social media platforms to ensure your posts are not publicly visible.

If you or a loved one has been involved in an Uber accident, call Dolman Law Group today at (727) 451-6900, or contact us online to schedule your free consultation. 

One of our attorneys will work with you to determine who was at fault for your accident and what steps are needed to seek compensation for your injuries. Don't hesitate to reach out today! 

North Miami Beach Office
1820 NE 163rd St #306,
North Miami Beach, FL 33162
(305) 676-8154

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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