As the popularity of ridesharing apps continues to rise tremendously in Florida and all across the United States, so does the occurrence of Uber accidents.
As Uber accidents involving injuries and even deaths continue to grab national headlines, there are many misconceptions surrounding Uber accident claims and insurance issues.
Turns out, that $1 million is not always offered by Uber in insurance coverage. Our Miami Uber accident attorney is going to explain in which situations this seemingly seismic insurance coverage applies and in which it does not.
While ordinary motorists in Miami and all across Florida are legally required to carry a minimum of $10,000 in personal injury protection, Uber drivers are carrying up to $1,000,000 of bodily injury insurance and uninsured motorist coverage for both Uber drivers and their passengers.
The problem is: that $1 million coverage does not always apply, and Uber has a track record for employing various tactics to escape liability in case of accidents or criminal acts involving their drivers.
However, our best Uber accident lawyers in Florida insist that there is an ongoing debate over Uber insurance policy’s status. Some say it is primary, while others believe that it is secondary, which makes it even more confusing and complicated for victims to recover damages.
Another key aspect of your Uber accident claim is determining whether the Uber driver who was involved in the accident was working. If an Uber driver is not on the clock at the time of the accident, it will most likely not be possible to recover compensation from Uber’s $1 million insurance coverage.
In case of an accident involving an Uber vehicle, two types of insurance policies may apply, separately or jointly depending on the circumstances of the accident. First, an individual driver’s personal insurance may cover the accident. Second, Uber’s insurance coverage may apply if the vehicle is being used commercially.
In order to determine what type of insurance will apply in an Uber accident, it is important to establish the driver’s status at the time of the accident. For insurance purposes, Uber divided its drivers’ time into three categories:
Each of these types of Uber drivers’ time is handled differently by insurance companies. Because of this, recovering compensation after an accident involving Uber can become troublesome and cause a great deal of headache, which is why it is highly advised to consult with an Uber accident attorney in Miami or elsewhere in Florida.
A major potential issue in determining which insurance policy applies in your particular case is whether or not the Uber driver was logged into the app. With or without a passenger in his/her vehicle, an Uber driver must be logged into the app in order to be classified as an “on the clock” driver and be covered by the $1 million insurance coverage.
Here is the thing: just because an Uber driver was signed into the app at the time of the accident does not necessarily mean that the driver and his/her passengers are covered. A driver may be classified as uninsured or underinsured if the accident occurred in the period between logging into the Uber app and driving to a passenger or a passenger entering the ridesharing vehicle.
This potential issue is dubbed “coverage gap,” or, in other words, a grey area for insurance policies. Speak to our Miami Uber accident attorney to not only establish liability and determine which coverage applies in your case, but also to calculate how much insurance coverage is available. Contact the Dante Law Firm, P.A. and get a free case evaluation today. Call at 305-949-2526 or fill out this contact form. .