Naples Rideshare Accident Lawyer

Top Rated Rideshare Accident Attorney in Naples, FL

Rideshare apps like Uber and Lyft are incredibly convenient. They have revolutionized how many people think about getting around their cities. However, they also come with a certain level of danger. The good news is that if you’ve been in an accident during an Uber or Lyft trip, you can work with a Naples rideshare accident lawyer to seek compensation for your injuries.

Trust The Caldarone Law Group, P.A.

The Caldarone Law Group, P.A., has been practicing personal injury law for years. In that time, we’ve seen it all, including a diverse array of rideshare accident cases. As a Naples Insurance Claim Lawyer, we have what it takes to gather and evaluate evidence, identify 100% of the damages you’ve suffered, and negotiate effectively with insurance companies to get you what you’re owed. Let us help you file your rideshare accident claim.

Why Hire a Trusted Rideshare Accident Lawyer?

According to recent CivicScience research, about 34% of US adults use Uber, and another 21% use Lyft. There were only 80 fatal Uber crashes reported. Tragically, those numbers add up to a lot of accidents, some of which end in severe injury or even death, potentially resulting in a Wrongful Death claim.

If you’ve suffered a serious injury during a rideshare accident, you don’t have to face the long process of learning how to move on alone. You can hire a rideshare accident lawyer to help you handle paperwork, negotiations with insurance companies, and the collection of evidence to support your claim in Naples, FL. That way, you can focus on what’s most important: healing from your injuries and trauma. In some cases, a Naples Car Accident Lawyer may also be able to assist when rideshare accidents involve complex liability issues.

Who’s Responsible for Rideshare Accidents?

Determining liability in a rideshare accident can be a little more complicated than it is for crashes involving only regular passenger cars. Multiple drivers can hold partial blame, as is the case with any accident, but the rideshare companies themselves may also be held liable for any injuries you sustain while riding in one of their drivers’ cars. Similar liability issues can arise with Premises Liability, Negligent Security, or Swimming Pool Injury claims.

As a Naples Pedestrian Accident Lawyer, we know that if you’re in the car when an Uber or Lyft driver gets into an accident, the company’s liability insurance policy will kick in, and you’ll get access to as much compensation as you need to pay medical bills, make up for lost wages, and address other damages. If you’re driving another car, or you’re a pedestrian, determining liability is more complicated. This can also apply to Distracted Driving Accident, Drunk Driving Accident, Elderly Driver Car Accident, or Leaving the Scene of an Accident cases.

Insurance Coverage

Rideshare companies cover their drivers while they’re on the clock, but that’s a little ambiguous. Here’s what you need to know about the three phases of Uber and Lyft insurance coverage:

• Phase 1. If an Uber or Lyft driver isn’t on the clock yet, they are not covered by the company’s insurance policy. Instead, the individual driver is held responsible, and you need to seek compensation through their insurance. How much you get can depend in part on their personal insurance coverage. In some circumstances, Workers’ Compensation may provide benefits for a work-related injury.
  
• Phase 2. Drivers receive full coverage when they are carrying passengers or are en route to pick up passengers, but only partial coverage when they are waiting for a fare. What that means is that if you get in an accident with an Uber driver who has no one in the car and is waiting to find their next rider, Uber only offers partial insurance coverage of up to $50,000 per person or up to $100,000 per accident. There is also a $25,000 property damage insurance policy that applies.
  
• Phase 3. Uber and Lyft each have a $1 million policy that kicks into effect when drivers get a fare. This policy cap applies to accidents involving other drivers, as well, so if you’re driving another car and get into an accident with a driver who is carrying passengers, you may be entitled to a higher settlement.

Identifying which phase the driver was in when your crash occurred determines both whose insurance pays for the damages and how much they might pay. Your lawyer can help you determine which phase the driver was in by checking the activity log on their rideshare driver app.

Getting into a crash with an Uber or Lyft driver who was not working at the time is just like getting into any other accident with a passenger car driver. Getting into a crash with a driver who was on the clock at the time of the crash can lead to higher payouts, as both rideshare companies maintain significant insurance coverage for drivers who are carrying passengers at the time of their crashes.

Which Insurance Policy Pays Depends on What the Driver Was Doing

Which coverage phase the driver was in determines how much money is available in your claim. During phase 1, only the driver’s personal insurance coverage applies because the car was not being used for activities involved in employment as a rideshare driver. During period two, only a limited contingent liability policy applies, with materially lower limits. During period three, the rideshare company’s highest tier of full commercial liability applies. Similar insurance considerations can arise in a Commercial Vehicle Accident.

The coverage period the driver was in matters because it means that the same crash could be worth a very different amount depending on the phase the driver was in. The app status is established by the company’s records, and not the driver’s account. However, a passenger riding in an Uber or Lyft vehicle almost always has access to the company’s full insurance coverage, as they should always be in phase three of the coverage periods.

How an Attorney Can Help

Your attorney can help you collect the evidence required to prove which phase the driver was in. If you were a passenger in a rideshare vehicle at the time of the crash, you should take a screen capture of the app showing that you were in an active ride at the time. Your attorney can also submit formal document requests to gain access to the company’s records, which should also show that you were in an active ride.

If you were the driver of or a passenger in another car, you may have to rely on your attorney to collect the evidence required that the rideshare driver was on the clock at the time of the accident. The company’s insurance policy should still cover your injuries and other damages, even though you were not riding in the car at the time of the crash.

If you’re not sure what phase the driver was in, ask your lawyer for help in determining the coverage period. They can access company records and other official documentation not available to you.

What to Do After a Rideshare Accident

Immediately following a rideshare accident, you should:

• Screenshot the trip immediately. Be sure to capture the driver’s name, the trip ID, and timestamps. Riders lose access to trips if they are later removed, and that record is the clearest proof of app status.
• Call for medical assistance as needed. Check with the other passengers. If anyone is severely injured and requires immediate medical intervention, request an EMS response at the scene.
• Stay to give a police report. The Naples Police Department handles accidents within the city limits, while the Collier County Sheriff’s Office handles crashes that occur elsewhere in the county. Having a copy of the police report can provide you with valuable evidence of what happened that can bolster your legal claim.
• Take photos or videos of the scene. Capture any vehicles involved, nearby street signs, the road conditions, and your injuries before you get them treated.
• Get contact information for any witnesses. Your attorney may want to interview them later. Eyewitness testimony can strengthen your rideshare accident claim.
• Seek medical attention as soon as possible. Get medical attention for your wounds the same day and seek an evaluation at NCH North Hospital or another local facility even if you’re not sure whether you were severely injured. Prompt medical evaluation can also be important when dealing with Medical Malpractice or Medication Error claims.
• Do not make recorded statements. You shouldn’t make recorded statements to any insurer without speaking with a lawyer first.

Whether your accident occurred at a busy intersection like Immokalee Road / Collier Boulevard or outside your front door, you can get compensated with the help of a lawyer.

FAQs

How Much Is a Lyft Accident Settlement in Florida?

How much a Lyft accident settlement is worth in Florida varies depending on the circumstances of the crash. Lyft carries up to $1,000,000 worth of liability insurance for drivers on the clock with passengers in their cars, but that doesn’t mean you’ll automatically walk away with a fortune. Your payout may depend on the severity of your injuries, whether you have any lasting disability, and whether there was substantial property damage.

How Much Can You Get From Uber for an Accident?

How much you can get from Uber for an accident varies depending on how badly you were hurt, whether you’ve suffered any permanent disability, and whether your property was damaged. It’s also important to note that Uber’s insurance policy offers varying amounts of liability coverage depending on the stage of the driver’s passenger pickup. Drivers who are available for trips but not taking passengers only get $50,000 per person in liability coverage.

How Long Does an Uber Accident Settlement Take?

How long it takes to settle an Uber accident depends on the specifics of the case. If it were a simple, straightforward case in which an Uber driver caused an accident with a passenger in their car, resulting only in minor injuries, it wouldn’t take all that long to resolve. If many parties are involved and it’s unclear who bears primary liability for the crash, that could significantly complicate matters and lengthen the timeline.

How Hard Is It to File a Claim Against Uber?

It is not hard to file a claim against Uber. However, you should seek the counsel of a Naples rideshare accident attorney before you start negotiating with the company’s insurance providers. Insurance companies are notorious for offering outrageously low settlements. You can get more of the compensation you’re owed if you work with a lawyer who understands the full extent of the damages you suffered.

Who Pays After a Rideshare Crash in Naples?

Who pays after a rideshare crash in Naples depends on which driver caused the crash and, if the Uber or Lyft driver was determined to be at fault, which phase of passenger pickup they were in. If the driver was off the clock, their personal liability insurance covers the accident. If the driver was signed into the app, the rideshare service’s insurance pays for any damages caused by the accident.

What if an Uber Driver Was at Fault for My Accident?

If an Uber driver was at fault for your accident and they were on the clock at the time when it occurred, the rideshare service’s insurance policy covers any damages caused by the crash. Uber insures its drivers up to $1 million when they are carrying passengers or on their way to pick them up. However, that limit is dropped to $100,000 per accident if the drivers are on the clock but waiting for passengers.

How Long Do I Have to File a Rideshare Accident Claim in Florida?

You have two years to file a rideshare accident claim in Florida under the recently passed HB 837. Until the passing of this bill, people had four years to file personal injury claims stemming from car accidents. It’s now more important than ever that you contact a lawyer as quickly as possible following a car crash to avoid delays that could leave you unable to file an actionable claim.

Do I Need to Hire a Rideshare Accident Lawyer to File a Claim?

You do not technically need to hire a rideshare accident lawyer to file a claim against Uber or Lyft, but it’s a good idea to do so. Your lawyer can assist you with all aspects of the rideshare accident case, from simple things like filing paperwork to more complicated matters such as negotiating with insurance companies. Hiring a Naples rideshare accident attorney is the most effective way to increase your odds of receiving a fair settlement.

Your Trusted Naples Rideshare Accident Lawyer

If you’ve been in a rideshare accident, you deserve to be compensated for your injuries and other damages. Working with a Naples rideshare accident lawyer makes it easier for you to negotiate a good settlement with the responsible party’s insurance company.

The team here at The Caldarone Law Group, P.A., can help. We know rideshare accident laws inside and out, and we can leverage that knowledge to help you get the compensation you are owed. Contact us to schedule an initial consultation today.

Naples, FL Rideshare Accident Resources

• Who Is Liable When a Rideshare Driver Is Between Passengers in Florida?