Recovering compensation after a rideshare accident in Melbourne can be challenging. After a crash, you may be facing serious injuries, growing medical expenses, and an inability to work. These accidents often involve multiple insurers, independent contractor classifications, and evolving legal standards. Fortunately, a Melbourne rideshare accident lawyer can help.
At The Schiller Kessler Group, we’ve been representing injury victims for more than three decades. Our legal team understands the unique issues that arise in rideshare accident claims, and we’re prepared to investigate your case thoroughly to help ensure a favorable outcome. Contact a Melbourne car accident lawyer today for a free consultation.
Why You Need a Rideshare Accident Lawyer Serving Melbourne
Rideshare accident cases differ significantly from other types of motor vehicle collisions. Rideshare companies like Uber and Lyft use the designation of independent contractors for their drivers rather than employees.
This distinction allows these companies to distance themselves from liability when their drivers are involved in accidents, making the legal process more challenging for injured victims. Even though this complicates the process, legal options do exist. Depending on the circumstances, you may be able to pursue compensation from:
- The rideshare driver
- The rideshare company
- Another negligent motorist
- A third party whose actions contributed to the crash
- A vehicle manufacturer
- A government agency that failed to properly maintain the road where the accident occurred
To determine who is legally responsible, an experienced Melbourne personal injury lawyer will conduct a detailed investigation. This process may include analyzing data from the rideshare app, reviewing dashcam footage, examining vehicle damage, and gathering witness statements.
Because Florida follows a modified comparative negligence system, your ability to recover compensation depends on being found 50% or less at fault for the crash.
By identifying all liable parties and applying Florida’s comparative negligence rules, your attorney can position your case for the strongest possible outcome.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
Understanding Rideshare Insurance Coverage in Melbourne
One of the most confusing aspects of rideshare accident claims is determining which insurance policy applies at the time of the crash. Uber and Lyft both provide tiered insurance coverage based on the driver’s activity within the app. The driver’s working status is the main factor that will determine your ability to file a claim with the rideshare company’s insurer.
The Driver Is Offline
If the rideshare driver was not logged into the app when the accident occurred, they are considered “off-duty.” In this situation, only the driver’s personal auto insurance applies, and the rideshare company bears no legal responsibility for any damages caused by the crash.
If the driver’s personal insurance policy is insufficient to cover your losses, or if your claim is denied, you may need to file a personal injury lawsuit against the driver directly. Unfortunately, recovering the full value of your losses can be challenging if the driver has minimal assets or inadequate coverage.
Driver Is Logged In to the Rideshare App and Awaiting a Ride Request
When a rideshare driver is online but hasn’t yet accepted a ride, contingent liability insurance provided by the rideshare company may apply. This coverage includes:
- Up to $50,000 per person for bodily injury
- Up to $100,000 per accident for bodily injury
- Up to $25,000 for property damage
Before this coverage takes effect, however, you must first seek compensation through the driver’s personal insurance. If their coverage limits are insufficient to cover the full value of your losses, you can then file a claim with the rideshare company’s insurance provider. If this policy still does not cover the full value of your losses, you may need to file a personal injury lawsuit.
Driver Is on Their Way to a Pickup or Is Actively Transporting a Passenger
Once a driver accepts a ride request, the rideshare company’s commercial insurance policy becomes fully active. This policy can provide up to $1 million in liability coverage.
This is the highest level of coverage provided by Uber and Lyft, but being eligible to file a claim under this policy does not mean it will be easy to recover the money you deserve. Even with $1 million in potential coverage, insurance companies may still dispute liability or offer low settlement amounts.
An attorney can handle the insurance process and help you pursue maximum compensation through every stage of your case.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Compensation You Can Recover After a Rideshare Accident
If you’ve been injured in a collision involving a rideshare vehicle, you may be eligible to recover compensation for a wide variety of damages.
A knowledgeable rideshare accident attorney serving Melbourne can help you identify all the damages that apply so you can get the money you need. Some of the compensatory damages you may be able to pursue include:
- Medical bills
- Future medical costs
- Pain and suffering
- Emotional distress
- Lost wages
- Reduced earning capacity
- Mental anguish
- Permanent disability or disfigurement
- Property damage
- Loss of consortium
- Loss of enjoyment of life
Every case is unique, and the total value of your claim will depend on the severity of your injuries, the available insurance coverage, and the strength of your legal case.
Florida law generally gives injury victims two years from the date of the crash to file a personal injury lawsuit. If you miss this deadline, you may lose your right to pursue compensation.
Your lawyer can help ensure you recover all available damages and meet every legal deadline so you can put your life back together after a crash.
Get Help From a Knowledgeable Rideshare Accident Attorney in Melbourne Today
At The Schiller Kessler Group, we understand how stressful life can become after a rideshare accident. Our team has successfully represented over 30,000 injured clients across Florida, and we’re proud to bring that same dedication and experience to you. Whether you were injured as a rideshare passenger, a pedestrian, or an occupant of another vehicle, we’re here to help.
Schedule a free case evaluation today with an experienced member of our legal team. We’ll review the details of your case, explain your rights, and guide you through the next steps. There is no obligation to retain our services, and if you do choose to work with us, you won’t be charged any fees unless we win your case.
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