Rideshare services have become increasingly popular in recent years. Unfortunately, the rise in the use of services like Uber and Lyft has brought a corresponding rise in accidents involving rideshare drivers. If you experienced an accident and an Uber driver was involved, you might be wondering what legal options are available to you.
A skilled lawyer who is familiar with the relevant insurance policy requirements for Uber drivers in Miami could meet with you to explain your legal rights and help you determine if filing a personal injury claim is a wise decision for you and your family.
In a traditional employer/employee relationship, an employer could be liable for the actions of their employees under the theory of respondeat superior. For instance, if a bus driver speeds and causes an accident, the bus company that employs the driver could be held responsible for any resulting damages.
However, Uber and other rideshare companies have tried to limit their company’s liability by claiming that their rideshare drivers are independent contractors, and not standard employees. Rideshare drivers do not have a standard employee-employer relationship with Uber. Consequently, when an accident occurs, trying to determine who is liable and which insurance to look to is challenging. To maximize the chances of success, it is critical to work with a well-informed Miami attorney who understands the relevant insurance requirements for Uber drivers and rideshare companies.
Uber only provides insurance coverage for its drivers when the drivers are actively working. However, the amount and extent of coverage depend on the driver’s status and what they were doing at the time the accident happened.
If the Uber driver is offline and not actively logged into the app when the crash occurs, Uber is not responsible for any losses that occur. Instead, an injured person would need to look to the Uber driver’s own personal car insurance policy.
Uber requires its Miami drivers to carry sufficient insurance to cover them in accidents. To drive a car for Uber, drivers must maintain personal insurance coverage at mandatory minimum limits and provide proof of their insurance. The personal insurance policy should include comprehensive and collision coverage, specifically including bodily injury per person and per accident, property damage, and personal injury protection.
However, when an accident occurs while an Uber driver is online, insurance coverage can be complicated because many personal insurance companies exclude coverage for commercial activities, such as ridesharing. Many Uber drivers also carry optional rideshare coverage.
If the Uber driver is logged into the Uber app and waiting for a passenger or ride request, Uber’s insurance would apply, but in limited amounts. The company’s insurance would only cover the cost of injuries, property damage, and other losses up to a limited amount.
If an Uber driver is en route to pick up a passenger or has a passenger in the car, Uber’s insurance policy would cover a substantially larger amount of damages, and could cover up to $1 million per accident.
An attorney with vast experience and familiarity with Uber and other rideshare companies understands how to determine who is responsible. They could help an injured person fight for the compensation they need.
In a typical car accident, you can look to the at-fault driver’s insurance company for compensation. However, in an accident with an Uber driver, you could have to deal with competing insurance companies, which is why it is important to work with an experienced lawyer.
Work with our seasoned legal team that understands insurance policy requirements for Uber drivers in Miami and could help you take legal action.
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