Rideshare services like Uber and Lyft aim to simplify transportation, yet an accident can quickly complicate matters. If you are injured as a rideshare passenger or if a rideshare driver is at fault for a collision with your personal vehicle, you are suddenly faced with significant issues like mounting medical bills, lost wages, and navigating complicated insurance policies. This often leads to a crucial question: In Florida, can you sue the rideshare driver after an accident, and does Uber or Lyft bear financial responsibility? Please continue reading as we delve into why these cases are more complex than typical car accident claims and how our experienced Manatee County Uber & Lyft Accident Lawyers can help you understand your legal options.
How Do Uber and Lyft Trips Work From a Legal Perspective?
Uber and Lyft classify their drivers as independent contractors, not traditional employees, using their own vehicles. This classification is key because the companies often assert they are not liable for a driver’s negligence as an “employer.” However, Florida law mandates that these “transportation network companies” (TNCs) must carry specific insurance coverage when a driver is operating on the app.
As a no-fault state, Florida requires you to first use your own Personal Injury Protection (PIP) coverage for medical bills and lost wages after a collision, regardless of fault. PIP covers a portion of these expenses, often up to $10,000. Crucially, PIP does not cover non-economic damages like pain and suffering. To claim these, you must step outside the no-fault system and sue the at-fault party, such as the rideshare driver.
Generally, you can file a liability claim or lawsuit against a rideshare driver in Florida if your injuries meet statutory thresholds, specifically:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Significant and permanent scarring or disfigurement
- Death
If your injuries meet this criteria, you can pursue compensation beyond PIP, including full medical costs, lost wages, and pain and suffering. In this scenario, suing the rideshare driver and accessing the applicable insurance coverage becomes a viable option.
What Compensation Can You Seek After a Rideshare Collision?
If your case allows you to file a liability claim that goes beyond PIP coverage, you have the right to pursue complete financial compensation for all losses, both tangible and intangible. These damages cover all concrete out-of-pocket costs arising from the accident, which are supported by documentation like bills, receipts, and employment records:
- Past and future medical expenses
- Lost income
- Loss of earning capacity
- Other direct costs, like hiring help for domestic services or transportation to appointments
Serious injuries profoundly impact your quality of life. Once you meet the states’ no-fault threshold to pursue a liability claim, you can seek compensation for these subjective losses:
- Pain and suffering
- Emotional distress
- Difigurement
- Loss of enjoyment of life
- Loss of consortium
Given the layered insurance policies involved in rideshare accidents, these complex cases require the guidance of a skilled attorney. At Becker & Lindauer, LLC, we are prepared to help you fight for the justice you deserve. Connect with our firm today to schedule a consultation.
