Tampa Rideshare Accident Attorney
Rideshare services are now a well-established form of transportation. Companies such as Uber and Lyft have become popular in many parts of the country where they provide an affordable and flexible mode of transport, even in places where finding a taxi would have been a challenge. These services also provide some benefits to society in general because they might be leading to declines in drunk driving in some parts of the country.
While rideshares are generally accepted as a new way to find a ride, the legal issues surrounding rideshare companies had to catch up. After all, taxis are heavily regulated, but rideshare companies hire drivers who serve as independent contractors and use their own private vehicles to service customers. One issue presented by Uber and Lyft is the question of whose insurance company will cover in the event of a crash involving a rideshare vehicle. Insurance companies typically have clauses stating that they will cease to cover if the driver is using their vehicle for commercial purposes. A rideshare driver, however, also uses their car to run errands and get to and from their own social functions, meaning that the company’s insurer is unlikely to agree to cover these vehicles at all times.
Determining what policy applies is important following a crash as it can mean massive differences in coverage maximums. For passengers using rideshare vehicles and for motorists who share the road with rideshare drivers, these questions may seriously impact their ability to recover damages after a collision. After all, as a client in a rideshare car, you are asking a complete stranger to transport you in their own car with little oversight in the form of government regulations.
If you were involved in a crash with a rideshare driver, contact the experienced Tampa rideshare accident attorneys at Durham Law Group today at 813-333-6250 to discuss your claim. Our lawyers are prepared to fight to get you the compensation you need.
Who Covers Injuries After a Rideshare Crash in Tampa, Florida?
If a collision occurs involving a rideshare vehicle, certain factors have important implications as to what coverage is available. Uber and Lyft have policies with a one million dollar maximum in coverage. For those injured in a crash, these policies provide many recoverable damages. Severe injuries and fatal collisions can lead to massive medical bills and lost wages, which means having access to a large amount of coverage will be helpful to those harmed.
The Uber and Lyft million-dollar policies only apply in certain specific circumstances, though, including:
- When the driver is transporting a passenger
- When the driver is traveling to pick up a passenger
In some cases, the driver might be logged in and ready to accept a ride but has not yet found a customer. The insurance policy, in those cases, is not the same. The policy in effect when drivers are awaiting a fare includes a $50,000 maximum for each person injured, a $100,000 maximum in personal injury coverage per crash, and a $25,000 maximum in property damages.
Uber and Lyft also carry uninsured or underinsured motorist coverage in the event that another driver caused the crash and that the liable driver does not have any insurance.
Liability in Rideshare Crashes
Florida is a no-fault state, and driver’s policies are intended to cover their injuries up to the total of their Personal Injury Protection (PIP) coverage. If the injuries are the fault of another driver, then the victim can file a lawsuit against the liable party to collect coverage above that which their policy includes.
Liability in car crashes is based on negligence. If a driver violates his or her duty to use reasonable caution on the road, then he or she might be found negligent in a resulting collision. Of course, in the case of car crashes, multiple people might be at risk. A collision can be the result of one driver violating another driver’s right of way, but the other driver might have been speeding. In such cases, the court can divide liability and apportion a percentage of the fault to each of the drivers. As a state that follows the rules of comparative negligence, an injured person can recover even if he or she is partly to blame for the crash. The damages for a person who is twenty percent at fault will simply be reduced to reflect his or her fault. In this case, he or she could collect damages equal to 80 percent of his or her losses.
To hold a rideshare driver liable and have the company policy apply, the driver must be at fault for the crash. Alternatively, the company’s uninsured motorist coverage might step in if the other driver lacks insurance or sufficient insurance to cover the loss.
Insurance laws can be complicated even in the absence of the added issues surrounding rideshare services. An attorney can help you navigate the system and get the compensation you need.
Call the Durham Law Group Today After a Rideshare Accident in Tampa
Call the Durham Law Group at 813-333-6250 to discuss your claim and to learn more about how we can help you and your family after a crash.