Can you sue Uber if a driver gets in an accident in Florida? In most cases, Florida makes it difficult for drivers to sue following a collision. However, if you sustained severe injuries, you may have a chance to file a lawsuit against Uber.
An Uber accident lawyer in Florida can assess your situation and help you review your options to Come Back Stronger. Our team at Fasig | Brooks can discuss your situation when you call us or complete our online contact form.
Can You Sue an Uber Driver for Crashing in Florida?
You cannot sue an Uber driver after every accident in Florida. In fact, Florida’s “no-fault” insurance laws make it difficult for anyone to sue after a motor vehicle collision.
The no-fault law states that you must seek compensation from your own insurance company first after a collision. If your insurance can fully cover your losses, that usually ends the claim after a car wreck.
However, you may have the chance to sue an Uber driver if you sustain severe injuries due to the accident. In this case, you may qualify for an exception to the state’s no-fault laws. An Uber accident lawyer can help you determine if you can use this exception.
Can You Sue Uber Instead of the Uber Driver in Florida?
Can you sue Uber if you get in an accident in Florida? Your ability to sue Uber instead of the Uber driver may depend on the driver’s status at the time of the collision. For example, Uber has to provide insurance coverage for drivers logged into the app.
Uber drivers who have an official passenger have a different level of insurance coverage. However, Uber may try to argue that the driver holds full responsibility for the collision in an attempt to protect their bottom line.
An Uber accident attorney in Florida can assess your options for moving forward with a legal claim after your collision.
Does Fault Matter in Uber Accidents in Florida?
Florida is a no-fault car accident state, meaning you do not need to prove that another driver caused your accident if you seek damages from your personal insurance company. However, if you qualify to file a lawsuit, your lawyer will need to establish fault.
Demonstrating fault in Florida often requires a lawyer to show that the Uber driver acted negligently. Drivers show negligence if they:
- Owe you a duty of care
- Break that duty
- Directly cause a collision
- Cause your injuries or losses
Every driver in Florida owes other vehicle operators a duty of care. Drivers fail to uphold their duty when they break the rules of the road. For example, an Uber driver who drives the wrong way up a street, striking you head-on, would be acting negligently.
What Injuries Qualify as Serious in Florida?
Generally, Florida considers an injury serious if it leads to over $10,000 in medical expenses. Examples of serious injuries can include:
- The loss of a limb (amputation)
- Partial or total paralysis
- Blindness
- Traumatic brain injuries (TBIs)
- Organ damage
The above list only contains examples of injuries that may qualify as serious. Any permanent damage or injury that leads to a permanent scar, disfigurement, or disability may allow you to file a claim against Uber or an Uber driver.
What Compensation Can You Get After an Uber Accident in Florida?
Can you sue Uber if they get in an accident in Florida? You can sometimes file a lawsuit against Uber or the Uber driver. In these situations, you may have a chance to secure funds to cover your:
Economic Losses
Drivers often receive economic losses after Uber accidents in Florida. You may receive funds to cover your:
- Medical expenses
- Lost pay at work
- Damage to your vehicle
An Uber lawyer in Florida can review the losses associated with your accident, helping you determine how much compensation you can receive following a wreck.
Non-Economic Losses
In some cases, you can receive non-economic losses after an Uber accident in Florida. These losses do not have a direct financial value. For example, your pain and suffering represent examples of non-economic losses.
While you may have a chance to sue Uber or an Uber driver after a collision, you do not always have to file a lawsuit to secure compensation for your losses. In many cases, you can settle with the insurance company to pay your bills after an accident.
How Soon do You Have to Sue Uber After a Florida Accident?
If you want to sue Uber after an accident in Florida, you have to adhere to the state’s statute of limitations, recorded in Florida Statutes §95.11(3)(a). Generally, you have four years to proceed with a claim before the statute expires.
However, in some cases, you may have less time to move forward with your claim. A lawyer can review the specifics of your accident to help you keep your case on track.
Speak to Us After an Uber Accident in Florida
In some cases, you can sue Uber if they get in an accident in Florida. However, you only have this option if your case meets specific qualifying criteria. An Uber accident in Florida can review your case to help you decide on the best way to move forward.
Our team at Fasig | Brooks focuses on helping clients in your situation Come Back Stronger. So get the care you need from our family-oriented practice when you call us or fill out our online contact form.
