As ride sharing services like Uber and Lyft become increasingly popular in Florida, so too has the rise of rideshare accidents. If you or a loved one have been involved in an accident caused by a rideshare driver, understanding your rights and filing an injury claim is important to ensure that you are fairly compensated for any injuries incurred. In this blog post, we will discuss the steps to take after a rideshare accident in Florida, the liability of the rideshare company and driver, and how a personal injury lawyer can help.
The Cliff Notes: Key Takeaways From This Post
- File an injury claim directly with the driver’s personal auto insurer if they were carrying passengers at the time of the accident. If not, then an injury claim should be made against the rideshare company itself.
- Be sure to provide evidence that proves the driver was at fault, including medical records, photos of the accident scene and witness testimony.
- The answer to whether insurance covers rideshare accident injuries depends on the type of coverage held by the driver and rideshare company.
- Determining fault after a rideshare accident can be complex, so it’s important to speak to an experienced attorney who understands local laws and regulations.
- Navigating the insurance claim process solo isn’t recommended – working with an experienced attorney is the best way to ensure that you receive fair compensation.
- At Herman & Wells, we specialize in helping individuals who have been injured in a Florida rideshare accident. Contact us today and let our experienced team help you protect your rights and get your life back on track.
The Unique Aspects Of Rideshare Accidents
Rideshare accidents, while similar to regular car wrecks in many ways, have some unique aspects that differ from traditional claims. When a rideshare driver is on duty but is not carrying a passenger, they are covered by the insurance of the company. If a person makes a claim after an accident involving this type of driver, they will need to take action against the rideshare company. However, if a driver is carrying passengers at the time of the accident, then they are covered by their own insurance policy and any claims should be filed with their personal auto insurer.
In some cases, both the driver and the rideshare company may be liable for an accident that occurred. Liability in these situations is based on a variety of factors, including the driver’s negligence, the company’s policies, and other relevant state laws. Determining fault in these cases can be complex, especially if multiple parties are involved.
Immediate Actions To Take After A Rideshare Accident In Florida
The immediate steps to take after an accident in Florida depend on the severity of the collision and any injuries that were sustained. However, some key steps to follow include:
Ensuring Safety First
The first and most critical step is to ensure the safety of everyone involved. If possible, move to a safe location away from the flow of traffic to prevent further accidents. Check on the well-being of others involved and provide assistance where necessary.
Calling for Medical Assistance
Even in what appears to be minor accidents, it’s crucial to call for medical help. Injuries may not be immediately apparent, and getting checked by medical professionals helps in noting any concerns early. Furthermore, medical records play a vital role when filing injury claims.
Contacting the Police
In Florida, it’s a legal obligation to report any accident that results in injury, death, or property damage. By calling the police, this ensures an official record of the accident is made. This report can be instrumental when filing a claim.
Documenting the Accident Scene
Documenting the accident scene is a pivotal step. Take photographs of damages to vehicles, any injuries sustained and the overall accident scene. These images serve as compelling evidence when filing your claim.
Exchanging Information
Lastly, exchange contact and insurance information with all parties involved. For a rideshare accident, this includes the driver’s information and any passengers present. Note the driver’s rideshare company as this will be critical when filing your claim. Be sure to also gather any witness information as this can further support your case.
Contacting Law Enforcement & The Rideshare Company
Depending on the severity of the rideshare accident, there may be a filing period to notify the company and law enforcement. In Florida, this time frame is typically four days from when the accident occurred. Contacting your personal injury attorney early will help ensure that all necessary steps are taken before this deadline passes.
When contacting both the rideshare company and law enforcement, provide complete information about the accident. This includes details such as what happened, when it occurred, and any injuries that were sustained. Be sure to keep copies of all emails, letters, and other documents related to your claim for future reference.
Seeking Medical Attention (Even If You Don’t Feel Injured)
Even if you don’t feel any immediate pain or discomfort, it is important to seek medical attention after a Florida rideshare accident. Injuries may not be apparent right away and going for an assessment helps rule out any potential long-term issues. Medical records also serve as vital evidence when filing an injury claim.
Instructions For Filing A Rideshare Accident Injury Claim In Florida
The instructions for filing a rideshare accident injury claim in Florida vary depending on the circumstances of the accident. Generally, claims are filed directly with the driver’s personal auto insurer if they were carrying passengers at the time of the accident. If not, then an injury claim should be made against the rideshare company itself.
When submitting your claim, it’s important to provide evidence that proves the driver was at fault. This will include medical records, photos of the accident scene and witness testimony. Be sure to also keep a record of all communications with the company for future reference.
Does Insurance Cover Rideshare Accident Injuries In Florida?
The answer to this question depends on the type of insurance coverage held by the driver and rideshare company. For drivers carrying passengers at the time of an accident, they are covered under their personal auto policy. If a driver was not carrying passengers, then any injuries sustained will be covered by the rideshare company’s insurance policy. It’s important to contact an attorney for assistance when filing a claim against either type of policy.
How Is Liability Determined After A Rideshare Accident?
Liability after a rideshare accident is determined based on the driver’s negligence, the company’s policies, and other relevant state laws. Negligence can include factors such as recklessness or failure to follow traffic laws. In some cases, both the driver and the rideshare company may be liable for an accident that occurred.
Determining fault in these cases can be complex, especially if multiple parties are involved. That’s why it’s important to speak to an experienced attorney who understands local laws and regulations to ensure that your rights are protected.
Why Navigating The Insurance Claim Process Solo Isn’t Recommended
Navigating the insurance claim process can be difficult, and working with an experienced attorney is the best way to ensure that you receive fair compensation. Insurance adjusters may use tactics to minimize the amount of compensation they need to pay out or even deny your claim altogether. Having legal representation will level the playing field and help ensure that negotiations are conducted in a fair manner. An attorney can also help ensure that all necessary steps are taken in a timely manner, especially when dealing with filing deadlines and other critical paperwork.
How Our Rideshare Accident Lawyers Can Help You
At Herman & Wells, we specialize in helping individuals who have been injured in a Florida rideshare accident. Our experienced team understands the complexities surrounding these types of cases and can provide comprehensive legal assistance throughout the entire process. We will work to ensure that your rights are protected and you receive appropriate compensation for any damages sustained.
The Lawsuit Timeline For Florida Rideshare Accident Cases
If negotiations fail to yield a fair settlement, then the next step is to file a lawsuit. Once the complaint is filed, there are several stages that must be followed. These include discovery, pretrial motions and hearings, and ultimately trial or mediation. At Herman & Wells, we’ll provide guidance throughout all of these steps to ensure that your case is handled properly and that you receive the best possible outcome.
Need An Experienced Rideshare Accident Attorney? Call Herman & Wells
Dealing with a Florida rideshare accident is complex and can be overwhelming. That’s why it’s important to work with an experienced attorney who understands the legal system and knows how to navigate the insurance process. At Herman & Wells, we specialize in helping individuals who have been injured in a rideshare accident. Our team has extensive knowledge of all applicable laws and regulations, so you can rest assured that your rights are being protected.
Call (727) 821-3195 today to schedule a free consultation and learn more about how we can help you with your rideshare accident claim!