Getting injured in an Uber or Lyft accident can leave you with many questions about liability and legal options. As ridesharing services grow in popularity across Florida, more accident victims are asking – can I sue Uber or Lyft directly? The answer is complicated. While you typically cannot sue the companies directly for driver negligence, there are some limited circumstances where Uber and Lyft may share liability. Read on to learn more about when and how accident injury victims can potentially take legal action against ridesharing companies like Uber and Lyft in Florida.
Driver Negligence
If you are a passenger injured in an Uber or Lyft accident in Florida that was caused by driver negligence, you generally cannot sue Uber or Lyft directly. Under Florida law, Uber and Lyft drivers are considered independent contractors, not employees. This means the company cannot be held directly liable for a driver’s negligent actions under the legal theory of vicarious liability.
However, you can file a personal injury lawsuit against the negligent driver who caused the accident. The driver’s insurance policy would typically cover your damages up to the policy limits.
Uber and Lyft do carry insurance policies on drivers, but this insurance only applies in limited circumstances, such as if a driver’s personal policy denies a claim. Uber and Lyft’s insurance will not cover injuries to passengers caused by a driver’s negligence.
Company Negligence
In some limited cases, it may be possible to argue that Uber or Lyft was directly negligent in hiring, training, or supervising a driver. For example, if the company allowed an incompetent or reckless driver on the platform who should not have been approved to drive, the company could potentially be held liable.
The plaintiff would need to show that the company’s negligence in screening, hiring, or training directly led to the driver causing the accident. This is often a difficult legal argument to prove. But in the right circumstances, a lawsuit against Uber or Lyft directly may be an option.
Defective Product Liability
Another potential way to sue Uber or Lyft directly is if there was a defective product that contributed to your accident injuries. For example, if a faulty Uber app provided unsafe routing instructions that led to your crash, the company could potentially be held liable under a products liability theory.
You would need to show that the app or other technology the company provided was unreasonably dangerous and defective, and directly caused your accident injuries. As with other types of lawsuits against the companies directly, this can be hard to prove but may be possible in limited cases.
Insurance Claims
Although lawsuits against Uber and Lyft directly can be challenging, you should always report your accident to the company and seek coverage under their insurance policy. Both Uber and Lyft carry insurance that covers injuries to drivers and passengers under certain conditions, including:
- Coverage when the app is on but no passengers are in the car
- Coverage when passengers are in the car
- Coverage during the trip period after a ride has been accepted
The companies’ insurance will apply primary coverage in case the driver’s personal policy denies or limits the claim. While the insurance may still fail to fully cover your damages, it provides another avenue for recovering compensation after an Uber or Lyft accident in Florida.
Deadlines to Sue
If you do intend to pursue a lawsuit against Uber, Lyft or the driver who caused your injuries, keep in mind that Florida has strict deadlines. For a personal injury claim, you typically have four years from the date of the accident to file a lawsuit under Florida’s statute of limitations.
It is important to consult with an experienced personal injury attorney as soon as possible after your accident to fully understand your options and legal rights. An attorney can help determine if you have a case against Uber or Lyft directly or if it makes more sense to pursue the driver and their insurance.
Your Free Case Review
Suffering injuries in a rideshare accident can be challenging, but legal options may be available. The Florida car accident attorneys at Monge & Associates offer free, no-obligation consultations to rideshare passengers injured in Uber or Lyft crashes. Contact us at (888) 477-0597 to learn more and schedule your free case review.
With 32 offices in 19 states, including Florida, Georgia, and South Carolina, our experienced lawyers will evaluate your case details and advise you on the best path toward maximum compensation for your injuries. Don’t wait – call our office today.