Whether you're catching a ride to the shops at Hyde Park and South Howard or heading home from a night catching up with friends in the Channel District, Ubers are a convenient way to get around. But when you hop in an Uber, you are at the mercy of your Uber driver. And they are just as prone to motor vehicle accidents on Tampa's highways and byways as any other vehicle. But what happens if you suffer injuries in an Uber accident? Who pays your medical bills and other losses. Contact a Tampa Uber accident lawyer from Hancock Injury Attorneys. We can help you hold Uber accountable for your injuries and recover the compensation you deserve.
Why Choose Hancock Injury Attorneys for Your Uber Accident Claim?
Hancock Injury Attorneys was founded in 1996 to provide personalized legal representation to residents in and around Tampa injured in accidents due to another party's negligence. We fight for justice and maximum compensation for our clients so they and their families can rebuild their lives. Through the years, we've sought the best possible outcome for our clients and have their trust and respect. Contact us today to discuss your case. Hear our client-centered approach and how we make winning your case our top priority.
Who Can Bring an Uber Accident Claim?
When someone suffers injuries in an accident involving an Uber vehicle, they may have grounds to seek compensation through an Uber accident claim. This includes:
- Uber passengers injured in the accident
- Uber drivers injured in the accident
- Occupants of other vehicles involved in an accident with an Uber vehicle
- Bicyclists or pedestrians hit by an Uber vehicle
Do I Have Grounds to Bring an Uber Accident Claim?
For your Uber accident claim to be successful, you must prove that the Uber driver’s negligence caused the crash that injured you. To establish negligence, you typically need to prove four elements:
- Duty of Care: The first element is to show that the defendant (in this case, the Uber driver) owed the plaintiff (the injured party) a duty of care. In general, drivers owe a duty to exercise reasonable care while operating their vehicles to avoid harming others on the road.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. In the context of an Uber accident, this might involve showing that the Uber driver acted negligently, such as by speeding, running a red light, or engaging in other unsafe driving behaviors.
- Causation: The plaintiff must establish a causal connection between the defendant's breach of duty and the injuries or damages suffered. This means proving that the defendant's negligence was a direct cause of the accident and subsequent injuries.
- Damages: The final element is to show that the plaintiff suffered actual damages as a result of the accident. Damages can include medical expenses, lost earnings, and other losses resulting from the accident, depending on the severity of the injuries.
What Damages are Available in an Uber Accident Case?
Damages in most Uber accident cases are typically limited to economic damages. These are out-of-pocket expenses related to your accident injuries, such as:
- All reasonable and necessary medical expenses
- Income you lost if you were unable to work during your recovery
If you suffered serious or permanent injuries as defined by Florida law, you may be able to claim non-economic damages, often referred to as pain and suffering damages. These non-tangible losses do not have a monetary value and are more difficult to quantify. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Physical impairment or disfigurement
- Loss of enjoyment of life
- Loss of consortium/companionship
Keep in mind that under Florida law, pain and suffering are only awarded if your injuries result in one or more of the following:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
Who Pays for Damages in an Uber Accident in Tampa?
Florida is a no-fault state regarding car accidents and insurance claims. That means each party involved in an accident seeks compensation for their medical bills and certain other financial losses from their own insurance company.
Florida requires all drivers to purchase a minimum of $10,000 in personal injury protection (PIP) insurance. PIP will pay 80% of your medical bills and 60% of your lost earnings up to the applicable PIP limit. In the event of a death, it would also pay up to $5,000 in funeral and burial expenses.
If your medical bills and lost income earnings exceed your PIP threshold, or if you suffered a permanent injury, then you may be able to file a third-party claim against the at-fault party and their insurance provider. If the Uber driver caused the accident, you may be able to bring a claim against Uber. Here’s how Uber’s insurance works:
When the Uber App is Offline or Turned Off
The Uber driver’s own car insurance coverage applies.
When the Uber Driver is Available or Waiting for a Ride Request
Uber provides the following coverage for third-party liability if their driver's personal auto insurance doesn't apply:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
When the Uber Driver is In Route to Pick Up Riders and During Trips
Uber provides the following car insurance on behalf of their rideshare drivers in the event of an accident:
- $1 million third-party liability
- Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
- Contingent comprehensive and collision up to the actual cash value of the car with a $2,500 deductible
How Can a Lawyer Help with My Tampa Uber Accident Case?
An experienced personal injury attorney can guide you through the claims process to achieve the best possible outcome for your case. A lawyer from Hancock Injury Attorneys can assist you in the following ways:
Legal Advice
Our personal injury lawyers understand the laws and regulations related to personal injury claims, including those involving rideshare services like Uber. They have the legal knowledge to help you navigate the complexities of your case.
Investigation
Your lawyer can conduct a thorough investigation into the accident to gather evidence, including witness statements, accident reports, photographs, and other relevant documentation. They may also work with accident reconstruction experts if necessary to establish liability.
Determining Liability
Your lawyer will assess the circumstances of the accident to determine liability. This includes evaluating whether the Uber driver was at fault and whether Uber as a company may share responsibility, such as in cases of driver negligence or vehicle maintenance issues.
Dealing with Insurance Companies
Your attorney can handle communications and negotiations with insurance companies on your behalf. They will work to ensure that you receive fair compensation for your medical expenses, property damage, lost wages, and pain and suffering.
Documenting Damages
Your lawyer will help you document your damages, which may include medical bills, therapy costs, vehicle repair or replacement expenses, and other out-of-pocket costs. They will also help you quantify non-economic damages like pain and suffering.
Settlement Negotiations
Our lawyers are skilled negotiators who can work to secure a fair settlement for you. They will negotiate with the at-fault party's insurance company or Uber's insurance carrier to reach a satisfactory resolution.
Litigation
If a fair settlement cannot be reached through negotiations, your lawyer can file a lawsuit on your behalf and represent you in court. They will handle all legal aspects of the case, including the discovery process, presenting evidence, and arguing your case before a judge and jury if necessary.
Statute of Limitations
Our lawyers know Florida's two-year statute of limitations that apply to personal injury claims and exceptions that can shorten or lengthen this deadline. They will ensure your claim is filed within the required time frame to avoid being barred from seeking compensation.
Peace of Mind
Having a lawyer on your side can provide peace of mind during a stressful and often confusing time. They can explain the legal process, answer your questions, and advocate for your best interests.
Maximizing Compensation
Your lawyer’s goal is to maximize the compensation you receive. They will work to ensure that you are fairly compensated for all your losses and that your rights are protected.
Contact the Uber Accident Lawyers at Hancock Injury Attorneys Today
Seeking justice after an Uber accident? You deserve experienced legal support. Protect your best interests by contacting the Uber accident lawyers at Hancock Injury Attorneys right away for your free consultation and case evaluation. Our focus is to get you the justice and compensation you deserve. Contact us today at 813-915-1110 or through our online form for your free case consultation.