
Rideshare services like Uber and Lyft have become extraordinarily popular in recent years. This is particularly true in cities like West Palm Beach, where relying on rideshare services can be both easier and less expensive than relying on your own car.
Whether you rely on Uber or Lyft as your primary mode of transportation, or you utilize rideshare services for trips to the airport or nights out, the risk of being injured in an accident is very real, and following an accident, it is important to speak with a West Palm Beach car accident lawyer as soon as possible.
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There are some unique aspects to recovering financial compensation after a rideshare accident in South Florida. If you have been seriously injured, here are 10 key facts you need to know:
In 2017, the Florida legislature enacted a law that establishes additional auto insurance requirements for rideshare drivers. The law (Fla. Stat. § 627.748 ) establishes separate requirements for when drivers are (i) logged into a rideshare app, and (ii) providing “prearranged rides.” When logged in, rideshare drivers’ coverage must include:
When providing prearranged rides, rideshare drivers’ coverage must include:
Florida’s rideshare law provides that if a driver does not have adequate coverage on his or her own, then the rideshare company must provide the legally-required coverage. Uber and Lyft both have insurance that covers auto accident claims. Crucially, under Florida law, a rideshare company’s insurance coverage, “must not be dependent on a personal automobile insurer first denying a claim, and a personal automobile insurance policy is not required to first deny a claim.”
Rideshare drivers are held to the same standards as all other motorists on Florida’s roads. Among other things, this means that they must obey the speed limit, they must obey all traffic signs and signals, and they must avoid being distracted behind the wheel.
Florida’s rideshare law also requires rideshare companies to conduct background checks prior to approving drivers to provide prearranged rides, and they are prohibited from approving drivers who (i) have certain offenses on their records, (ii) lack a valid driver’s license, or (iii) do not have proof of registration. If a rideshare company approves a dangerous driver, then the company could be at risk for direct liability in the event that the driver causes a collision.
All of this means that, if you have been injured in a rideshare accident in South Florida, you can hire a West Palm Beach auto accident lawyer to help you file a claim under the driver’s insurance policy, the rideshare company’s insurance policy, or both. Of course, this assumes that the driver or the rideshare company was negligent in causing or allowing the accident to occur.
If the rideshare driver or company was not negligent, then you may have a claim against a third party (you could also have a third-party claim if the rideshare driver or company was only partially at fault). Potential third-party claims in rideshare accident cases include claims against:
Under Florida’s “no-fault” insurance law, individuals who are injured in accidents can file PIP claims regardless of who is to blame for their injuries. As a rideshare passenger, you are covered by your own PIP policy (if you have auto insurance); and, if you do not have PIP coverage, then the rideshare driver’s or rideshare company’s policy will apply.
Rideshare drivers’ and companies’ insurance policies apply regardless of who is injured in a collision. This means that you can file a claim as a rideshare passenger or as the occupant of another vehicle.
In order to seek compensation outside of PIP, you need to be able to prove who was at fault in your accident. This is not easy, and it requires the services of a law firm experienced in conducting auto accident investigations. Additionally, in order to negotiate a fair settlement, you need to know how much you are entitled to recover, and this also requires the advice and representation of an experienced auto accident attorney.
Given the challenges involved in proving your claim (and the risks of failing to assert your claim successfully), it is extremely important that you hire an attorney to handle your rideshare accident as soon as possible. At Hollander Law Firm, we are here for you 24/7, and we are prepared to get to work immediately to prove your claim for just compensation.
Were you seriously injured in a rideshare accident in West Palm Beach? If so, Hollander Law Firm can help you. To speak with an experienced auto accident attorney in confidence as soon as possible, call (561)-556-7873 or contact our personal injury law firm in West Palm Beach now.
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If you or someone in your family has been seriously injured, or you have lost someone to negligence in South Florida, we are ready to listen. Consultations are free, and you pay nothing unless we recover for you.
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