3 Facts to Know After an Uber or Lyft Accident Involving Brain Injury

Adjusting to life with a traumatic brain injury (TBI) is an uphill battle. If your TBI was the result of an Uber or Lyft accident, the claims process will only add to the hurdles you now face.

While you may be entitled to compensation, the insurance company will try to find any possible reason to minimize your settlement or deny your claim outright. A rideshare accident lawyer can review your case, explain its strengths and weaknesses, gather evidence, and negotiate with the insurance adjuster.

Read on to learn a few important facts about rideshare accident claims involving brain injury:

1. There Are a Number of Insurance Policies That Might Come into Play

Depending on the circumstances, you might be entitled to file a third-party claim with Uber or Lyft’s insurer or with the driver’s personal insurance carrier; however, there’s also a chance you will be required to file a claim with your own insurer. Because Florida has a no-fault law, motorists must seek compensation from their own providers—unless they meet the serious injury threshold.

If you sustained a TBI, it’s reasonable to assume you meet this threshold. For reference, victims may bypass the no-fault law if they suffered an injury that results in:

• The significant loss of a bodily function;

• Significant scarring or disfigurement;

• Permanent injury within a reasonable degree of medical probability; or
  Death.

If you meet this threshold, you would likely file a claim with the rideshare company’s insurer or the insurance carrier of another liable party. If the rideshare driver caused the accident while transporting a fare, Uber or Lyft’s liability coverage should apply. If it turns out the driver wasn’t on the clock, though, you’ll have to seek compensation from his or her personal auto insurance provider.

2. You May Be Able to Recover Both Economic & Non-Economic Damages

The costs associated with treating a TBI can add up fast. In addition to ambulance fees and emergency department charges, you may have to find a way to cover office copays, diagnostic imaging, prescription medication, and ongoing rehabilitation. There may also be lost wages to consider if the injuries put you out of work. Other economic damages that might be recoverable include property repairs, domestic assistance, and transportation.

You may also be entitled to non-economic damages like pain and suffering, loss of enjoyment in life, and emotional distress. As you may already know, the psychological impact of a TBI can be just as devastating as the physical and financial impact, so claimants should not overlook such damages.

3. You Have a Limited Amount of Time to File the Lawsuit

If the insurance adjuster is uncooperative or a dispute arises, you may have no choice but to file a lawsuit and enter litigation. In the state of Florida, personal injury claimants typically have four years from the date on which they were hurt to file a formal lawsuit. If you intend to name a government agency in the claim, though, you must submit written notice, allow for a 180-day investigation, and then file the lawsuit within three years.

Speak with a Car Accident Lawyer in Stuart

If you sustained a traumatic brain injury in an Uber or Lyft accident, contact Donaldson & Weston to determine how best to proceed. Our resourceful car accident lawyers will conduct a thorough investigation, interview witnesses, track damages, and help you fight for the maximum payout possible. Call 772-266-5555 or fill out our Contact Form to schedule a free case review with a personal injury attorney in Stuart.