Tampa Uber and Lyft Accident Lawyer

Tampa Uber and Lyft Accident Attorney

Dealing with the aftermath of a traffic accident can be confusing and overwhelming, especially if you or a family member was injured as a result. But when the driver at fault in the accident drives for a rideshare, the situation can become even more complicated. It can be hard to know who is responsible: the driver or the rideshare company they work for. If you’ve been injured in an accident with a rideshare driver, a Tampa Uber and Lyft accident lawyer can help.

The trusted legal team at The Frank Santini Law Firm can evaluate the details of your case, help you determine liability, calculate your damages, and represent you in negotiations with insurance companies and opposing counsel. Your personal injury attorney’s goal is always to help you get the most favorable outcome in your case. Whether that means settling out of court or representing you in a trial, we work tirelessly to protect your interests.

Free Consultation

813-750-0422

7269 Bucks Ford Dr.
Riverview, FL 33578

Email

Traffic Accidents in Tampa Bay

Florida consistently has one of the highest rates of traffic fatalities in the US, generally only behind California and Texas, and the Tampa Bay area has a higher rate of auto accidents than the state average. In 2023, there were 395,175 auto accidents in Florida; 3,375 fatalities; 12,456 incapacitating injuries; and 236,886 other injuries. Hillsborough County saw 27,474 of those accidents, which resulted in 230 fatalities, and 18,873 injuries.

I-4 is one of the deadliest roads in the state of Florida. Other roads with high accident rates in the Tampa area include Hillsborough Avenue, US-41, Brandon Boulevard between Falkenburg Road and Dover Road, and the intersection at US-301 where Gibsonton Drive turns to Boyette Road.

Auto Insurance in Florida

As part of the state registration criteria, Florida requires all drivers to maintain a minimum amount of liability insurance on their vehicles in the event of a traffic accident. Requirements include:

• Having a minimum of $10,000 personal injury protection and $10,000 property damage liability insurance from a company licensed in Florida to sell policies.
• Continuous insurance coverage even if the motor vehicle is inoperable or not being used, or if the tag is being used in another state or country. Tags need to be surrendered before insurance is cancelled.

Failure to maintain proper insurance can result in penalties. These can include the loss of driving privileges, suspension of registration for up to three years, and a reinstatement fee of up to $500.

When a vehicle is used for the normal operation of a business, it may need a commercial auto insurance policy in addition to, or instead of, a personal insurance policy. Personal auto insurance typically does not cover accidents that occur when the vehicle is being used for business purposes. For example, a general contractor may use a personal pickup truck to carry equipment to and from job sites.

Rideshare and Auto Insurance Coverage

Ridesharing can be tricky when it comes to insurance coverage in Florida. Most of the time, the vehicle is owned by the driver, who uses it for personal transportation, such as commuting to school or work. For this reason, the driver is required to have personal auto insurance coverage. Because rideshare driving is a business activity, most personal insurance does not cover accidents while the vehicle is being used for ridesharing.

In 2017, Florida passed a state law that requires insurance coverage for rideshares as well. The insurance can be from the driver, the rideshare company, or both. Because of the nature of ridesharing, the state recognizes the following phases related to liability with rideshare vehicles:

• The driver is logged in on the rideshare app but has not accepted a ride yet.
• The driver has accepted a ride from a passenger and is en route to pick them up.
• The passenger is in the rideshare vehicle.

Vehicles used as taxis (which include rideshares) must carry a minimum of $50,000 in property damage liability and $125,000 in bodily injury coverage per person, with a total of $250,000 per accident. When there is a passenger in a taxi or rideshare, the minimums go up to $1 million for both bodily injury and property damage.

During the first phase, the driver’s personal insurance policy is typically liable for any traffic accidents in which the driver is at fault. During the second and third phases, the rideshare company’s insurance is generally liable, and this may also cover any gaps that may occur in the initial phase.

Liability in Florida Rideshare Accidents

Traffic accidents involving rideshares can make dealing with the damages even more complicated than a car accident between two personal vehicles. To understand these complexities, it is essential to first grasp how liability works in traffic accidents in Florida.

Florida follows a modified comparative negligence model, which means that more than one party may be liable, and a party can seek damages as long as they are assigned less than half the fault. For example, if two drivers are in a collision and are assigned 60% and 40% fault based on the facts of the accident, the driver with 40% fault can recover damages, but the driver with 60% fault can’t. If the fault was split 50/50, they could both seek damages.

When the driver of a rideshare causes an accident, liability depends, in part, on which phase of operation they are in–that is, whether they are logged into the app, on their way to get a passenger, or currently have a passenger at the time of the accident. If the driver has not accepted a ride, they are at fault. If they have accepted a ride or have a passenger, the rideshare company is at fault. In some cases, both could be at fault, along with other drivers involved.

FAQs About Tampa, FL Uber and Lyft Accident Laws

How Much Is a Settlement with Uber for an Accident?

Uber’s insurance covers up to $1 million in most cases when there is a rideshare passenger in the vehicle at the time of the accident. But not every case will warrant a settlement that high, and in some cases, a higher settlement amount may be necessary. The most reliable way to determine how much a settlement might be in your specific case is by consulting a trusted rideshare accident attorney.

How Long Does an Uber Accident Settlement Take?

The time it takes to settle an Uber accident can vary and depends on several factors. These include the claimant’s needs, whether the insurance company offers a fair settlement amount, whether the case can be settled before trial or must go to court, and the number of parties at fault in the accident. An attorney with experience in negotiating these types of cases may be able to shorten the time it takes to reach a settlement by avoiding common roadblocks.

What Do Lawyers Charge for a Rideshare Accident in Tampa?

Many rideshare accident lawyers in Tampa charge on a contingency basis for this type of case. That means the injured person does not have to pay the lawyer’s fees upfront, and their lawyer takes a percentage of the total settlement to cover their services. The percentage can vary from lawyer to lawyer and case to case, so be sure to discuss fees and payment structures during your initial consultation to understand the expectations.

When Should I Contact a Lawyer About a Rideshare Accident?

You should contact a lawyer about a rideshare accident as soon as possible, especially if you or a family member has serious injuries, lost wages, or other severe consequences that are having a negative impact on your life due to the accident. Your lawyer can handle most of the details related to the claim, so you can focus on recovering from the injuries and attend to the other changes in your life after the accident.

Do I Need a Lawyer for an Uber Accident in Tampa?

While you are not required to hire a lawyer after an Uber accident in Florida, it is recommended that you do. A skilled rideshare accident lawyer can help you navigate complex insurance claims, determine who is liable, and secure fair compensation. Uber accidents involve unique regulations and often involve multiple parties, and Florida’s two-year statute of limitations requires timely action. A knowledgeable lawyer ensures your rights are protected.

The Legal Help You Need in Tampa

At The Frank Santini Law Firm, we know that when a rideshare driver causes a traffic accident, the usual process of filing insurance claims and getting fair compensation can become even more confusing and overwhelming for injured victims. It can be a challenge just to figure out where to start, especially when also facing missed work, serious injury, extra doctor visits, car repairs, and other demands that result from a car crash.

The Frank Santini Law Firm can help you navigate the process and answer all your legal questions about liability, damages, and the claim. Together, we can hold responsible parties accountable for their negligence so you can recover from your accident with peace of mind. Contact our office today to set up your initial consultation with an experienced Tampa Uber and Lyft accident lawyer.