Miami Uber Accident Attorney

The Importance of Acting Fast: Get an Uber Accident Attorney Right Away

Being involved in an accident with an Uber vehicle necessitates swift and decisive action, and one of the crucial steps to take is contacting an Uber accident attorney. Evidence needs to be preserved before it disappears. Lawyers collect and preserve evidence. Serious injuries need immediate medical treatment. Injuries will not be taken as serious by the Uber and their insurer if treatment and diagnosis is not made in a timely manner. Your Uber accident attorney can assist in recommending and getting you into medical providers.  Deadlines must be complied with or you may jeopardize your case.  Florida’s statute of limitations on personal injury claims must be adhered to. Lawyers know these deadlines.

1. Deadlines: Statute of Limitations

• Legal Time Constraints: Florida imposes a statute of limitations on personal injury claims, delineating a specific timeframe within which a victim must file a lawsuit. Failure to initiate legal proceedings within this timeframe may result in the forfeiture of the right to seek compensation. Florida has a 2 year statute of limitation for car accident cases which would apply to an Uber accident.

2. Preservation of Evidence:

• Critical Evidence: Time is of the essence in preserving crucial evidence related to the accident. Especially as it pertains to the information and data for the trip in the app as well as any dash cam type video in the Uber. Collecting standard evidence promptly is likewise important, such as photographs, witness statements, and relevant documentation.
• Avoiding Loss of Information: As time elapses, memories fade, and evidence may be lost or compromised. An Uber accident attorney can guide victims on the immediate steps to take to secure and document essential information. This includes data on the app from the trip and sending preservation letters to Uber.

3. Hiring a Uber Accident Lawyer Near You:

• Legal Expertise: Uber accidents often involve complex legal nuances, especially regarding insurance coverage during different rideshare periods. Uber may contend the driver was not on a trip or in the scope and course of an Uber activity. Seeking legal counsel promptly ensures that victims have a knowledgeable professional guiding that will pin down coverages and liability.
• An Uber car accident attorney can analyze whether there is active or vicarious negligence on the part of Uber, or both. For example, in a situation Uber allowed for a known dangerous driver to be on the app perhaps there are additional grounds for punitive damages. What if they allowed a sex offender to and felon driver for Uber and they committed a sexual assault?

4. Maximizing Compensation:

• An Uber accident attorney allows for an early assessment of the case’s merits and potential avenues for compensation. This timely evaluation sets the foundation for strategic legal actions aimed at maximizing the recovery of damages.
• Negotiation Advantage: Personal injury lawyers know how to properly negotiate insurance claims. Early engagement with an attorney provides a negotiation advantage, allowing legal professionals to interact with insurance companies promptly and advocate for fair compensation.

Studies show car accident injury lawyers get their injured clients 3x the settlement money than unrepresented folks.  Getting an Uber accident attorney immediately after an incident is a proactive and common sense. It ensures compliance with legal timelines, preserves vital evidence, and positions victims for a successful case outcome. By acting swiftly, injured people can ensure their Uber accident injury will have a pot of gold at the end of the rainbow, instead of being left  without recourse.

Finding Compensation with an Uber Accident Attorney

The Three Uber Rideshare Periods

1. Period One: Waiting for a Ride Request

Definition: This period begins when the Uber driver turns on the app and is awaiting a ride request.

Insurance Coverage: The classification of drivers as contractors, not employees, may impact the coverage available during this period. The driver’s personal insurance, which is likely inadequate, would likely apply as opposed to Uber’s policy.

2. Period Two: En Route to Pick Up a Passenger

Definition: Period two commences when the driver is en route to pick up a passenger.

Insurance Coverage: Uber generally provides substantial coverage during this period, offering up to $1 million of total liability coverage.

Uber may deny liability and require proof that the driver was actively picking up a passenger at the time of the accident. Lack of evidence could lead Uber to categorize the incident as occurring in period one, impacting the available coverage.

An Uber accident lawyer becomes crucial during this period, advising drivers to collect substantial evidence, such as screenshots of the app displaying a ride request, to solidify their position in period two.

3. Period Three: Carrying a Passenger

Definition: This period encompasses the entire duration a passenger is present in the vehicle.

Insurance Coverage: Coverage remains consistent with period two, with Uber providing up to $1 million for liability coverage

Being on an active Uber “trip” is the most straightforward way for an Uber accident lawyer to prove Uber is liable for an accident its driver causes. Obviously the presence of a passenger makes insurance claims from both the passenger or people injured in other vehicles easier to establish as covered by Ubers insurance.

Perkins Personal Injury Lawyers is rated among the best Under accident attorneys in Miami. We are real lawyers handling real cases against Uber. We will act immediately once we are hired to get you max compensation from Uber’s potential $1,000,000 policy limit. An experienced attorney is essential to get you the full value of your injury claim.

Uber Accident Attorney common questions

Can I sue Uber if I’m injured in an accident involving one of their drivers?

Yes. If the Uber driver was negligent causing an accident and you are a passenger in that Uber or were a driver or passenger of another vehicle who was hit that negligent Uber driver, you have a case against Uber. Whether the Uber driver was on an active trip for Uber at the time of the crash, will determine the amount of insurance coverage Uber will provide. Below is a brief explanation of the some different Uber accident scenarios that may give rise to coverage for an Uber accident.

• Driver Status: Uber drivers are classified as independent contractors. If the driver was actively working for Uber (during Periods 2 and 3), Uber’s commercial insurance typically applies. If the driver was not actively engaged in a ride (Period 1), their personal insurance applies.
• Uber’s Liability: Uber may be held liable for accidents that occur while the driver is actively working for them. However, Uber often disputes liability by emphasizing the independent contractor status of drivers. Consult with an attorney to navigate these complexities.
• Insurance Coverage: Uber provides insurance coverage for drivers, but the amount and type of coverage depend on the specific period at the time of the accident. Coverage amounts are generally higher during Periods 2 and 3 when the driver is actively carrying a passenger.
• Third-Party Liability: If another party, not the Uber driver, is all or partially at fault for the accident, you may have the right to pursue a claim against that party. This could include the driver of another vehicle involved in the accident.
• Your Actions and Damages: Your ability to sue Uber may also depend on your actions after the accident, the extent of your damages, and whether you were a passenger, another driver, or a pedestrian. Florida is a modified comparative negligence state. If you were more than 50% at fault for causing the accident you will be barred from recovery.
• Statute of Limitations: Keep in mind that there is a limited timeframe, known as the statute of limitations, within which you can file a personal injury lawsuit. In Florida, for example, this timeframe is typically 2 years, but it’s crucial to consult with an attorney to understand the specific deadlines applicable to your case.

It’s highly recommended to consult with an experienced personal injury attorney familiar with rideshare accidents and the specific laws in your jurisdiction. They can assess the details of your case, advise you on the best course of action, and help you navigate the legal process to seek compensation for your injuries.

What evidence is essential for an Uber accident claim?

Collecting essential evidence is crucial for a successful Uber accident claim. Here are key pieces of evidence that can strengthen your case:

• Accident Report: If available, obtain a copy of the accident report filed by law enforcement. This document provides an official account of the incident.
• Documentation of Injuries: Keep records of your injuries, including medical reports, bills, and photographs. These documents help establish the extent of your physical harm and the associated medical expenses.
• Photographs of the Accident Scene: Take pictures of the accident scene, vehicle damage, and any relevant road conditions. Visual evidence can be compelling in illustrating the circumstances of the accident.
• Rideshare App Information: Screenshots of your Uber app showing the trip details, driver’s information, and ride status can be valuable. This helps establish the specific period (Period 1, 2, or 3) during which the accident occurred.
• Witness Statements: If there were any witnesses to the accident, collect their contact information and statements. Witness testimonies can provide additional perspectives on the events leading up to the accident.
• Communication Records: Keep any communication records related to the accident, such as emails, messages, or notifications from Uber. These can be useful in establishing the timeline and the response from the rideshare company.
• Insurance Information: Gather details about the insurance coverage of all parties involved, including the Uber driver’s personal insurance and Uber’s commercial insurance during relevant periods.
• Vehicle Maintenance Records: If vehicle maintenance played a role in the accident, having records of the Uber driver’s vehicle maintenance can be relevant.
• Surveillance Footage: If the accident occurred in an area with surveillance cameras, try to obtain footage that captures the incident.
• Dash Cam footage: Uber drivers often have inside dash cams depicting bot the inside or outside of the vehicle
• Police Body Worn Cameras: Responding offices wear cameras and this footage should be requested
• Expert Opinions: In some cases, expert opinions, such as accident reconstruction reports or medical assessments, may strengthen your claim.

Consulting with an experienced Uber accident attorney is advisable, as they can guide you on the specific evidence needed for your unique case, ensuring you build a strong foundation for pursuing compensation.

How does insurance work if another driver is at fault in an Uber accident?

If another driver is at fault in an Uber accident, the insurance process can vary depending on the circumstances. Here’s a general overview:

• Uber Driver’s Personal Insurance: If the at-fault driver is someone other than the Uber driver, the first source of compensation would typically be the at-fault driver’s personal car insurance. However, there’s a possibility that the at-fault driver may not have enough coverage to handle all the damages.
• Your own or Uber’s Uninsured/Underinsured Motorist Coverage: In some cases where the at-fault driver lacks insurance or has insufficient coverage, Uber  may provide uninsured/underinsured motorist coverage but this is no longer the norm and Her polices may not carry UM. It is possible to then have to use your on UM if you have it.  This coverage is designed to protect drivers and passengers when the at-fault party is unable to cover the damages adequately.
• Uber’s Commercial Insurance: If the accident occurs during Period 3 (when a passenger is in the vehicle), Uber’s commercial insurance comes into play. Uber’s insurance coverage during this period is generally more comprehensive, covering bodily injury, property damage, and uninsured/underinsured motorist coverage.

Ridesharing injury cases be tricky. Consulting with an Uber accident attorney is recommended to ensure that you understand your rights, explore all available avenues for compensation, and receive appropriate legal guidance throughout the process.

Can I still claim compensation if the Uber driver was at fault for the accident?

Yes, if the Uber driver was at fault for the accident, you can claim compensation. In such cases, you may be eligible for compensation from the Uber driver’s insurance coverage even if a passenger  was not in the vehicle. The availability and amount of compensation can depend on the specific circumstances of the accident and the insurance coverage in place during different periods of the ride.