Florida’s “No Fault” Rule
Florida is a “no-fault” insurance state meaning that regardless of who is at fault for a car accident, your car insurance policy will cover most damages. However, there are exceptions to this rule. For example, if your car accident is severe, you may exhaust the benefits under your insurance policy.
Can You Sue an Uber or Lyft Driver After an Accident?
Many car accidents are caused by negligence (speeding, distracted driving, driving under the influence, and aggressive driving). Despite Florida’s no-fault rule, there are situations where you can sue a Lyft or Uber driver. You might qualify if your injuries are severe and permanent and your medical expenses exceed $10,000. Your injuries must also impair bodily function or include disfigurement for you to be able to sue.
If you were injured, or someone you love was killed in a car accident caused by an Uber or Lyft driver, you may be able to sue them for damages not covered by your insurance claim. You have four years from the date of the incident to file a lawsuit in Florida.
Remember that all Uber and Lyft drivers must carry specific amounts of insurance to cover these types of expenses. Although you may not be able to sue Lyft or Uber directly, they have their own $1 million insurance policies to cover medical costs for passengers, cyclists, pedestrians, and others hurt when an accident occurs. If a driver gets into an accident while “on duty” but without a passenger in the car, either company may also use their $100,000 per accident or $50,000 per person insurance to cover expenses. The $1 million policy is used when a passenger is in the car with the driver.
What is Covered After an Accident?
After a severe car accident, you may be in financial trouble, have dozens of medical bills to pay, and be unable to work or incapacitated so that you cannot earn the same amount ever again. Some of the criteria for considering a lawsuit are:
- You have uncovered medical bills.
- You suffer ongoing intense pain.
- Your treatment is continuing.
- You have experienced tremendous pain and suffering.
- You have lost wages and work time.
- Your earning capacity is now diminished.
- You suffered property damage.
- Someone you love has died because of an accident.
How to Proceed
A car accident caused by an Uber or Lyft driver can devastate your life in many ways. Before proceeding, always speak to your personal injury lawyer. They can help you formulate a plan, gather evidence, and take things to court if necessary. Baron and Herskowitz are here to help and want to get you the compensation you deserve.