Being involved in an accident with a rideshare vehicle can be an overwhelming and confusing experience. Rideshare platforms like Uber and Lyft have introduced a new layer of complexity to traditional auto accident claims, and the laws that govern these cases are still evolving. Because of this, it is critical to have an Orlando rideshare accident lawyer by your side.
If you’ve been hurt in a rideshare-related accident in Orlando, The Schiller Kessler Group can provide the direction and representation you need to identify who’s at fault and pursue the compensation you’re entitled to.
With over three decades of experience, our Orlando car accident lawyers keep up to date with the latest legal developments and can discuss your case during a free consultation.
How a Rideshare Accident Attorney in Orlando Can Help You Prove Liability
Rideshare accident claims are unlike typical car crash cases. One of the primary complications arises from the fact that Uber, Lyft, and similar platforms categorize their drivers as independent contractors rather than full-time employees.
This classification creates a legal buffer for the rideshare companies, allowing them to limit their responsibility when one of their drivers causes a collision.
However, depending on the circumstances of your accident, there may be legal avenues available for pursuing compensation directly from the rideshare company, in addition to or instead of the driver. An experienced Orlando personal injury lawyer will conduct a thorough investigation to identify the liable parties. Those most commonly at fault in these cases include:
- The rideshare driver
- The rideshare company
- Another negligent driver who was involved in the accident
- The manufacturer of a defective vehicle or auto part
- A third party (such as a pedestrian or cyclist) whose actions triggered the crash
If it is determined that the rideshare driver was at fault, the first step typically involves filing a claim against their personal auto insurance.
However, in cases where the damages exceed the policy limits or if the insurance provider denies the claim, your Orlando rideshare accident attorney may recommend taking additional legal steps, such as filing a lawsuit or seeking coverage through the rideshare company’s insurance policy.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
Be Mindful of Florida’s Statute of Limitations for Personal Injury Claims
If you are considering filing a lawsuit after a rideshare accident in Orlando, it’s critical to be aware of Florida’s statute of limitations. As of a 2023 legislative update, injury victims now only have two years from the date of an accident to initiate legal action for personal injury claims.
Failing to file within this window can result in your case being dismissed and losing your right to pursue compensatory damages entirely. That’s why it’s essential to consult with an attorney soon after your accident. A skilled Orlando rideshare accident lawyer can ensure that all paperwork is completed properly and submitted on time.
In addition to meeting all filing deadlines, hiring a lawyer early will also put them in the best position to build a winning case, as evidence can become lost or corrupted if not collected promptly. In addition, witness testimony will be less reliable the further removed from the date of the accident.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Understanding Insurance Coverage in Orlando Rideshare Accidents
Insurance coverage in a rideshare accident can be one of the most confusing parts of your claim. Uber and Lyft have complicated, tiered insurance policies that vary depending on what the driver was doing at the time of the crash. The compensation available to you can differ significantly based on the driver’s status at the moment of impact.
These insurance policies help the rideshare companies limit their liability in many cases, leaving their drivers and anyone else harmed in an accident in a challenging position. Determining the status of the rideshare driver at the time of the crash will give you a better idea of your options for pursuing compensation.
The Driver is Not Logged Into the Rideshare App
If the rideshare driver was not using the Uber or Lyft app at the time of the accident, they are considered “off duty.” In these cases, the rideshare company has no legal responsibility, and you’ll need to pursue compensation directly from the driver’s personal insurance provider.
If the driver’s insurance policy does not cover your damages in full, you may be able to sue the driver personally. Unfortunately, recovering the full value of your losses can be difficult if the driver has limited financial resources or minimal insurance coverage.
The Driver is Logged in but has Not Accepted a Ride
When the driver is signed in to the app and waiting to accept a ride request, Uber and Lyft provide limited liability coverage. This means that limited coverage is available if the driver’s personal insurance is insufficient.
Even though the rideshare company provides this coverage, you must first file a claim with the driver’s insurance. If that is not enough to cover your losses, your lawyer can help you file a secondary claim with the rideshare company’s insurer.
However, if your damages were significant, even this secondary claim may not be sufficient to cover your losses. In this scenario, you may still need to file a lawsuit to secure the rest of the compensation you require.
The Driver has Accepted a Ride or has a Passenger
Once a driver has accepted a ride request, the rideshare company’s full commercial insurance policy takes effect. This typically includes up to $1,000,000 in third-party liability coverage. This coverage takes effect whether the rideshare driver has picked up their passenger already or not.
This level of coverage offers more protection for accident victims, but securing a payout isn’t automatic. You still need to provide clear evidence of the driver’s fault and the extent of your injuries or losses, and, of course, you will first need to file a claim with the driver’s insurer. That’s why working with an experienced rideshare accident lawyer in Orlando is critical.
Get Help from a Knowledgeable Rideshare Accident Lawyer Serving Orlando Today
If you’ve been hurt in a rideshare accident in Orlando, don’t wait to get the legal help you need. At The Schiller Kessler Group, we have extensive experience helping injured clients hold negligent drivers and companies accountable. Our team has helped more than 30,000 people recover financial compensation, and we’re ready to do the same for you.
Call us or visit our website to schedule your free case evaluation today. See why so many clients in Orlando and across Florida trust our team to handle their most important legal matters. Let us help you secure the compensation you deserve and take the first step toward recovery today.
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