Cape Coral Rideshare Accident Lawyers

Injured in an Uber or Lyft Accident in Florida?

Rideshare companies like Uber and Lyft are revolutionizing the way we get around. These companies are changing the way we think about transportation, but they are not immune to accidents. If you were injured in a car accident involving a rideshare driver, you may be entitled to damages.

Our Cape Coral rideshare accident attorneys at Lusk, Drasites & Tolisano can help you understand your rights and your options. We can help you navigate the legal process and hold the rideshare driver accountable for their actions.

Have you been injured in a rideshare accident in Cape Coral? Contact the attorneys at Lusk, Drasites & Tolisano at (239) 908-4930 for a free consultation.

Who is Liable for Rideshare Accidents?

Rideshare companies are not liable for all rideshare accidents. The rideshare driver is typically liable for the accident, but it can depend on the circumstances of the accident. Uber and Lyft have insurance policies that cover rideshare drivers, but this insurance may not always cover the rideshare driver.

Both Uber and Lyft, as transportation network companies (TNCs), provide liability coverage to their drivers while they are actively engaged in providing ridesharing services. The liability coverage offered by Uber and Lyft is designed to protect both the driver and passengers in the event of an accident or injury during a ride.

Here is a general overview of the liability coverage provided by Uber and Lyft:

Period 1: The driver is online and waiting for a ride request

• Uber: During this period, Uber provides contingent liability coverage, which means the driver's personal auto insurance is the primary coverage. If the driver's personal insurance doesn't apply or is insufficient, Uber provides third-party liability coverage for bodily injury and property damage, up to certain limits.
• Lyft: Similar to Uber, during Period 1, Lyft provides contingent liability coverage. The driver's personal auto insurance is the primary coverage, and Lyft provides additional third-party liability coverage if needed.

Period 2: The driver has accepted a ride request and is en route to pick up the passenger

• Uber: Uber provides primary liability coverage during this period. The coverage includes third-party liability for bodily injury and property damage, up to certain limits. Coverage limits may range from $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage per accident. The driver's personal auto insurance does not apply during this period.
• Lyft: Similarly, Lyft provides primary liability coverage during Period 2. The coverage includes third-party liability for bodily injury and property damage, up to certain limits similar to Uber.

Period 3: The passenger is in the vehicle, and the ride is in progress

• Uber: Uber provides primary liability coverage during this period, covering third-party liability for bodily injury and property damage, up to certain limits. The coverage limits are generally higher, and they may range from $1,000,000 for bodily injury and property damage per accident. The driver's personal auto insurance does not apply during this period.
• Lyft: Like Uber, Lyft provides primary liability coverage during Period 3, covering third-party liability for bodily injury and property damage, up to certain limits similar to Uber.

Can My Insurance Cover the Rideshare Accident?

Yes since Florida is a "no-fault" state when it comes to auto insurance. The no-fault system is designed to provide prompt medical and financial benefits to individuals involved in car accidents, regardless of who was at fault.

All vehicle owners in the state are required to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP coverage provides benefits for medical expenses, lost wages, and other related costs resulting from an auto accident, regardless of who caused the accident.

However, if you have sustained serious or permanent injuries, you may be eligible to file a personal injury lawsuit against the rideshare driver or company.

What Damages Can I Recover?

You may be entitled to damages if you were injured in a rideshare accident. You may be able to recover compensation for medical bills, lost wages, and pain and suffering.

Injured riders may be able to recover damages for:

• Medical bills
• Lost wages
• Pain and suffering
• Punitive damages

Our Cape Coral rideshare accident lawyers at Lusk, Drasites & Tolisano can help you recover the compensation you deserve. Our attorneys can help you calculate your damages and determine the best course of action for your case.

You may be entitled to compensation if you were injured in a rideshare accident. We are ready to protect your rights, health, and best interests.

For experienced and knowledgeable legal representation, contact us today at (239) 908-4930

How Rideshare Companies Try to Reduce Their Liability

Rideshare companies like Uber and Lyft may take several strategic steps to reduce their liability in accident cases. These efforts are often designed to minimize the compensation they may have to pay injured passengers or other parties involved in an accident. Some of the common tactics they use include:

1. Classifying Drivers as Independent Contractors
   By classifying their drivers as independent contractors rather than employees, rideshare companies attempt to reduce their direct liability in accident cases. This distinction allows them to argue that they aren’t responsible for drivers’ actions and limit their involvement in accidents that occur on the job.
2. Employing Limited Insurance Policies Based on “Ride Periods”
   Rideshare companies define different periods based on whether a driver is waiting for a ride, en route to pick up a passenger, or actively transporting a passenger. They offer varying levels of liability coverage based on these periods, which often leads to disputes over when the accident occurred and what coverage applies. This tactic allows them to argue for reduced payouts when an accident happens outside of these active periods.
3. Delaying Insurance Investigations
   Rideshare companies or their insurers may delay the investigation or processing of a claim, hoping that injured parties might settle for a lower amount or give up altogether. These delays can also strain injured victims who need financial assistance for medical bills and lost wages, pressuring them into accepting lower settlements.
4. Offering Low Initial Settlements
   Rideshare companies may offer quick, low-ball settlements to accident victims, hoping to close cases without fully compensating them for the extent of their injuries. By doing this, they avoid prolonged litigation, which could lead to higher settlements or judgments.
5. Challenging Fault and Liability
   In some cases, rideshare companies may argue that the rideshare driver was not at fault or that another party bears partial or full liability for the accident. This tactic allows them to reduce or deny claims, especially if they can demonstrate that other factors contributed to the accident.

How Our Cape Coral Rideshare Accident Attorneys Can Help You

The rideshare accident attorneys at Lusk, Drasites & Tolisano have experience in handling the complexities of rideshare accident cases and understand the tactics used by companies like Uber and Lyft. Here’s how we can help you:

• Navigating Insurance Claims and Policies
  Our attorneys are well-versed in the nuances of rideshare insurance policies and can help determine the applicable coverage based on the ride period. We ensure the rideshare company’s insurance applies fully to your situation, fighting to get you the maximum compensation available.
• Countering Liability Reduction Tactics
  We investigate each case thoroughly to demonstrate the rideshare company’s role in your accident, challenging any attempt to deny responsibility. Our team compiles evidence, interviews witnesses, and works with accident reconstruction experts as needed to build a strong case on your behalf.
• Negotiating Fair Settlements
  Our attorneys understand the true cost of injuries, both immediate and long-term, and we work to negotiate a settlement that fully accounts for your medical expenses, lost wages, and pain and suffering. If the rideshare company’s initial offer is inadequate, we fight for fair compensation rather than rushing to close the case.
• Litigating Aggressively if Necessary
  If negotiations with the rideshare company or their insurer are unproductive, we are prepared to take your case to court. Our legal team is dedicated to holding rideshare companies accountable for the injuries caused by their drivers, ensuring you receive the justice and compensation you deserve.

At Lusk, Drasites & Tolisano, our goal is to protect your rights, health, and best interests during this challenging time. We offer experienced and knowledgeable legal representation to help you secure the best possible outcome. Our attorneys are ready to stand by your side, protect your rights, and help you pursue maximum compensation.

For skilled representation after a rideshare accident, contact Lusk, Drasites & Tolisano at (239) 908-4930 for a free consultation.

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