Port St Lucie Uber Accident Lawyer

In a car accident lawsuit, the victim (plaintiff) usually has the burden of proving that the other driver (defendant) was responsible for their injuries. This typically requires proving that the defendant acted negligently, intentionally, or recklessly in causing their accident. Car accident claims are generally filed with the at-fault driver’s insurance company.

Uber accident cases are different because, although the driver is using their personal vehicle, they are using their vehicle while working for a big corporation. However, they are independent contractors and not employees. That makes for some unique dynamics with rideshare accident cases.

Broadly, employers can be held responsible for the actions of their employees under a legal theory known as respondeat superior. If an employee harmed another person while acting within the scope of their work duties, the employer can be vicariously liable for the losses suffered by the accident victim.

For example, consider a situation where a pizza delivery driver sideswipes another vehicle while delivering a pizza. In this case, the pizza shop will cover any damages from the accident because it is responsible for its employee’s negligence (carelessness). This is often more favorable for the accident victim because the employer’s commercial insurance policy will often have a larger policy limit compared to the employee’s personal auto insurance policy.

Because Uber classifies drivers as independent contractors, the company cannot be held vicariously liable in the same way. This means that Uber accident cases are often not as straightforward as other types of car accident cases (including situations where an employer is held liable for its employee).

However, Uber will be on the hook for an accident caused by one of its drivers in some situations. Depending on the situation, you may be able to file a claim against the driver’s personal car insurance policy, Uber’s auto insurance policy, or Uber’s commercial general liability policy. Here is how it works:

1. App Off/Not Working: If the driver is not working when they cause an accident, then you can file a claim against the driver’s personal auto insurance policy.  This means that you could be limited to recovering just $10,000 in property damage liability coverage under Florida’s low insurance minimums. You can also recover a portion of your initial medical expenses and lost wages through your own Personal Injury Protection (PIP) benefits.
2. App On/Waiting for a Ride: If the driver has the app on and is waiting for a ride when they cause an accident, then you can file a claim against Uber’s auto insurance policy. This policy’s limits are $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
3. App On/Picking Up or Transporting: If a driver is en route to pick up a passenger or currently has a passenger in the vehicle when they cause a crash, then you can file a claim against Uber’s commercial policy. This policy has much higher limits of $1,000,000.

The question of which insurance policy applies to your case is incredibly important because it can impact the amount of compensation that you get for your injuries. While you can access your PIP coverage (assuming you have it through your own policy), your total recovery will be affected by what the Uber driver was doing at the time of the accident.

For example, if your medical expenses were over $100,000, then the driver’s personal policy or Uber’s auto insurance policy may not fully cover these losses (without even considering other losses, such as property damage, lost wages, and pain and suffering). A skilled Port St. Lucie Uber accident lawyer may be able to advocate for the larger commercial policy to apply based on the facts of your case.

Uber accidents can affect anyone, including passengers in the Uber, other drivers and their passengers, pedestrians, bicyclists, and others on the road. If you were in a collision caused by an Uber driver, our law firm can help you seek maximum compensation for your losses.