Can You Sue Uber in an Accident in Florida?

Sometimes, you may not directly sue Uber if you get hurt in an Uber accident in Florida. However, you may have other options for seeking compensation for the harm you suffered. An Uber accident lawyer can help you identify all possible sources of compensation and work hard to try to maximize your financial recovery.

You generally cannot sue Uber after an accident because Uber hires drivers as independent contractors rather than employees. This classification matters because it may shield Uber from liability for the actions of its drivers. In other words, since Uber drivers are not employees, Uber typically does not bear responsibility for what happens during a ride.

Even though you typically cannot sue Uber, you can still secure compensation from other sources if you are injured in an Uber accident in Florida. Florida operates under a no-fault insurance system. After an accident, you first turn to your personal injury protection (PIP) insurance to cover medical bills and lost wages, regardless of who caused the wreck.

If your injuries are severe and meet certain thresholds, you can step outside the no-fault system and seek compensation from at-fault parties. For example, if the Uber driver or another road user caused the accident, you could file a claim against that party’s insurance or even take them to court.

How Can You Prove the Uber Driver Was Logged into the Uber App at the Time of the Accident?

You will need to gather specific evidence to prove the Uber driver was logged into the Uber app at the time of the accident. However, knowing which evidence to use and where to find it can be difficult. That’s why hiring a lawyer with experience handling rideshare accident cases is best.

A lawyer can collect, analyze, and present evidence proving that the driver worked for Uber during the accident. This evidence won’t necessarily allow you to sue Uber, but it could provide the evidence you need to file a claim with Uber’s insurance. Uber’s policy is to provide up to $1 million in liability insurance for accidents involving drivers actively picking up or transporting rideshare passengers.

Uber also provides increased coverage for drivers logged into the app, even if they don’t have active rides yet. Uber drivers offline during a crash are covered only by their personal insurance policies. So, you could receive more compensation for your accident claim if you can prove the Uber driver was logged into the Uber app at the time of the accident.

Your lawyer can gather useful evidence by requesting records from Uber with your permission. These records can show whether the driver was connected to the app and looking for passengers or was already carrying a passenger when the accident happened. Additionally, if you were injured in an accident as an Uber passenger, your phone might have information about your ride from the Uber app, which can also serve as evidence.

Another way to collect evidence is through witness statements or video footage from traffic cameras or dashcams that might show the Uber driver operating the vehicle at the time of the accident. An experienced personal injury lawyer will know how to access these types of evidence and effectively argue your case to establish the necessary link between your injury and the Uber driver’s activity.

Does the Injury Have to Be Serious to Sue Uber for Compensation?

Depending on the circumstances, you may have grounds to sue another party if your injuries are serious after an Uber crash. Usually, you must first use your PIP insurance to cover minor injuries after a Florida car crash, regardless of who is at fault. This insurance covers your accident-related medical bills and lost wages up to your policy limits. However, if your injuries meet Florida’s legal definition of a serious injury, you can pursue additional compensation by suing or filing insurance claims against other parties.

Under Florida law, serious injuries include those injuries that:

• Cause significant and permanent loss of an important bodily function,
• Are considered permanent within a reasonable degree of medical probability,
• Cause significant and permanent scarring or disfigurement, or
• Result in death

If your injuries qualify as serious injuries, you could have grounds to sue a liable party for compensation beyond what your PIP insurance covers.

What Sort of Compensation Might I Be Able to Receive from an Uber Accident Lawsuit?

You could be entitled to compensation for several accident-related losses if you are involved in an Uber accident in Florida. This compensation can cover the costs you incur due to the crash and the accident’s impact on your life. The compensation may include some or all of the following:

• Medical expenses
• Future medical costs
• Income losses
• Lost earning potential
• Disfigurement and disability
• Pain and suffering
• Lost quality of life

Is There a Statute of Limitations for Uber Accident Lawsuits in Florida?

Yes. Florida’s statute of limitations gives you two to four years from the date of the Uber accident to file a personal injury lawsuit against another party. If you wait too long and miss this deadline, you could lose your chance to file the lawsuit. It is essential to act quickly and contact a Florida injury lawyer immediately after an Uber accident.

An attorney can handle your legal claim quickly and effectively, so you don’t have to worry about missing the filing window. They can identify the relevant deadline for your case, gather helpful evidence, and prepare all the necessary paperwork. They can also negotiate with insurance companies and advise whether to accept settlement offers or take your case to court. This way, you can focus on your recovery while your lawyer focuses on securing the compensation you need.

Contact a Florida Uber Accident Attorney

If you’ve been injured in an Uber accident in Florida, don’t wait to get the help you need. Contact the attorneys near you at Zervos & Calta, PLLC, to receive a free consultation. Our team is available 24/7 to answer your call, and our attorneys have more than 50 years of combined legal experience to place at your disposal. We’re prepared to tackle your case and pursue the compensation you need while you heal.

Visit Our Florida Uber Accident Law Offices

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 33 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.