If an Uber car hits a motorcycle rider, the motorcyclist may be entitled to compensation.
I’ve written about motorcycle accidents, and Uber car accidents. However, this article specifically applies to a motorcyclist who is hit by an Uber driver.
Ubers have set insurance limits that don’t apply to cars.
This article also applies if a motorcycle has an accident with a Lyft car.
For purposes of this article, the word “motorcycle” also means large scooters and mopeds.
Does Uber have Personal Injury Protection (PIP) Insurance that Will Pay the Motorcyclist?
No. In some instances Ubers carry PIP insurance. However, a motorcycle rider is never entitled to PIP.
Can a Motorcycle Rider Get a Payout for Pain and Suffering if An Uber Hits the Motorcyclist?
Yes, but only if the Uber driver’s negligence caused the accident. Examples of negligence are careless driving, failure to yield the right of way, speeding and much more.
A motorcyclist doesn’t need a threshold injury to get compensation for pain and suffering in his personal injury claim. A threshold injury is usually a permanent injury, or permanent and significant scarring or disfigurement.
Can a Motorcyclist, Who Is Hit By an Uber, Make a Personal Injury Claim?
Yes, if the Uber driver’s negligence caused the crash. The motorcyclist can sue the Uber driver for:
The Uber driver’s liability insurance may pay for the Uber driver’s:
- Diminished value of your motorcycle
- Rental Car
- Past Lost Income
- Future lost income reduced to present value
- Past medical expenses
- Future medical expenses
- Replacement value of lost personal property (e.g. damage to your car, broken glasses, watch, etc.)
- Funeral expenses
- Reimbursement for mileage to and from medical appointments
- Past Pain and suffering
- Future Pain and Suffering
- Scarring and disfigurement
- Mental anguish
- Loss of capacity for the enjoyment of life
- Punitive Damages (in rare cases)
What Limits of Bodily Injury Insurance Does the Uber Driver Have?
If the Uber wasn’t engaged in a ride, but the Uber app was on, Uber’s BIL insurance is up to $50K per person/$100K per accident. Florida Statute 627.748(7)(b)1.a. (Chapter 2017-12). The Uber also has $25,000 (per accident) in property damage liability insurance.
If the Uber was engaged in a ride, the motorcyclist can get up to $1 million of the Uber’s liability insurance for death, injury and property damage. Florida Statute 627.748(7)(c)1.a. (Chapter 2017-12)
What Happens if the Motorcyclist Was Also At Fault?
If the motorcycle rider was also at fault in the crash, then the full value of the case is reduced. It is reduced by the motorcyclist’s percentage of fault.
How Long Does a Motorcyclist Have to Sue the Uber Driver?
Four (4) years for an accident in Florida.
Hurt from a Motorcycle Crash With an Uber in Florida, or Another Type of Accident?
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