Rideshare services like Uber and Lyft have become incredibly common in the last decade. They offer convenience and safer alternatives to drunk driving or walking home late at night, but they also present unique challenges when it comes to liability in accidents. If you have been injured in an accident involving a rideshare driver, you may have a frustrating fight ahead of you to recover injury costs. At Salter Healy Rivera & Heptner, our St Petersburg Uber and Lyft accident lawyers are prepared to help injury victims determine liability and fight for due compensation.
Rideshare Liability in Florida is Complicated
When we discuss liability, we have to consider it in two contexts. These are: who physically caused the accident vs. which insurance policy is liable for damages. Florida is considered a ‘no-fault’ insurance state, which means your insurance pays your damages regardless of who is at fault. If your damages have exhausted your policy limits, you may move to a claim or lawsuit against the other driver if they are physically responsible.
In many instances, rideshare drivers are classified as independent contractors who operate their vehicles as a business. This designation means that their personal car insurance might not cover injuries to passengers. However, companies like Uber and Lyft maintain liability coverage for riders through a Personal Injury Protection plan (PIP). The sheer volume of drivers and accident claims means that rideshare policies are not likely to openly embrace claims, which can make it a fight to recover the full extent of what you are owed, even if they are liable for the damages.
Comparative Negligence in Rideshare Accidents
While the ‘no-fault’ statute can cause additional confusion for rideshare accidents and who is responsible for paying damages, it does not change the legal liability of an accident. The criteria for who is responsible for an accident are not always black and white. For example, Florida observes modified comparative negligence laws, which apply damages proportionate to the liability as long as that liability is 50% or less. Because of the state’s no-fault statute, comparative negligence will only come into play if you pursue additional compensation for damages beyond your policy limits.
An example of this in practice might be someone who receives $100,000 in damages. If they were hit by the other party making an improper left turn, but they were speeding, which affected their estimate of space, it may be determined that they are 10% at fault. This would allow them to recover 90% of the 100,000 proportionate to the other party’s liability.
If you choose to file a claim through the other party’s insurance, they may try to reduce their payout by accusing you or the other driver of contributing to the accident. If you are a rideshare passenger, you are unlikely to face accusations of liability. Still, you may need to file a claim or lawsuit against both parties for the appropriate amount based on their allocated fault to ensure you recover fair compensation. If you need help filing a claim or lawsuit, contact our St. Peterburg injury lawyers for legal guidance. Call (727) 321-HELP to schedule a free case consultation.
