Can a Passenger File an Injury Claim After a Rideshare Accident?

Yes, a passenger can file an injury claim after a rideshare accident. However, because the process can be fairly confusing, it’s a good idea to speak to a Fort Myers rideshare accident lawyer about your options

Uber and Lyft offer a convenient way to get around, which is why so many people choose to use these rideshare companies. What you don’t expect on your morning commute is to get into a car accident. 

If you’ve been injured as a passenger in a rideshare accident, you may be able to seek compensation. In this situation, you’re unlikely to be at fault, which puts you in a strong position when it comes to filing a claim. 

Understanding Rideshare Coverage in Florida

Rideshare companies like Uber and Lyft have different levels of coverage designed to protect drivers, passengers, and sometimes third parties involved in a collision. However, the type of coverage available depends on when the accident took place. 

Here’s how the three different tiers of coverage work: 

• If the app is off and the driver is not on the clock, their own insurance coverage applies. 
• If the app is on but the driver has yet to accept a ride, the rideshare company usually provides contingent liability insurance alongside the driver’s own personal coverage. 
• If the app is on and the driver is on their way to a pick-up point or already has a passenger in the car, the rideshare company’s commercial insurance coverage kicks in. This typically includes up to $1 million of liability coverage, depending on the company and the circumstances of the accident. 

Passengers should always be protected under the highest level of coverage, but determining liability can be tricky. Because of this, you should always speak to a car accident lawyer for guidance and support. 

Who is Responsible for a Rideshare Accident?

Trying to figure out who is liable in a rideshare accident can be difficult. Multiple parties can be seen as responsible, including the rideshare driver, the rideshare company, other drivers involved in the crash, or even car manufacturers, depending on the details of the collision.  

In Florida, liability is based on negligence. This means that anyone can be held responsible if they have acted carelessly or violated any traffic laws that may have led to the accident. Under Florida Statutes, § 768.81, if more than one person is at fault, the responsibility can be divided between all parties, as part of the state’s comparative fault system. 

However, if a claimant is found to be more than 50% at fault, they will be barred from recovering compensation. This is rarely a concern if you’re a passenger, as you are almost never considered responsible for causing an accident.

What Compensation Can You Claim as a Passenger of a Rideshare?

As an injured passenger, you can usually file a claim for financial losses and the personal impact the accident has caused. These are known as economic and non-economic damages.

Here’s what you may be able to recover for each category: 

Economic Damages

These are any measurable financial losses that you may have faced as a direct result of the rideshare accident.

They can cover: 

• Emergency medical treatment costs 
• Hospital stays and ongoing care 
• Rehabilitation and therapy 
• Lost wages, if your injury prevents you from working 
• Prescription medications related to your injury 
• Reduced future earning capacity 
• Property damage 

Non-Economic Damages

Not all losses are financial, but that doesn’t make them any less important.

In terms of non-economic damages, you may be able to request compensation for: 

• Pain and suffering 
• Emotional distress or anxiety 
• Psychological trauma 
• Loss of enjoyment of life 
• Permanent disability or disfigurement 

What You Should Do After a Rideshare Accident in Fort Myers

Being a passenger in a rideshare accident can be confusing, especially if you don’t know what to do.

Here’s what we would suggest: 

Prioritize Your Safety

Immediately after the accident, check your injuries and move to a safe location if possible. Call 911 to get the medical attention you need, even if you think your injuries are minor or non-existent.

Sometimes internal injuries and whiplash may not present straight away, so it’s always a good idea to get a once-over just in case. 

Contact the Police

You’ll want to file a police report, as this will help back up your claim later in the process. It also acts as an official document for how the accident happened and who was involved. 

Document Any Evidence

Take pictures of the accident, speak to eyewitnesses, and get their version of events as well as their contact details. You should also take screenshots of your journey on your rideshare app and get the insurance details for each driver involved. 

Tell the Rideshare Company

Use the rideshare app to report the accident. Companies like Uber and Lyft will want to perform their own investigations and follow internal insurance procedures. Make sure you keep copies of any communications about the accident. 

Speak to an Attorney

Getting legal advice can help you with issues around liability and insurance payouts. A Fort Myers rideshare accident lawyer can offer support throughout the legal process and help you understand your options. 

How a Lawyer Can Help You File an Injury Claim After a Rideshare Accident

So, can a passenger file an injury claim after a rideshare accident? With the help of an experienced attorney, absolutely. You have the right to pursue compensation for your injuries and any other losses that have occurred in this type of collision. 

At Viles & Beckman, we get results by treating every case with care. We understand how overwhelming car accidents can be, and after 40 years of experience, our legal team knows exactly how to handle the Florida judicial system. We’ll negotiate directly with insurers and work hard to make sure you get the compensation you’re owed. 

Contact us today to discuss your options during a free consultation or learn more about the damages you can recover after a rideshare accident.