How do I deal with an insurance company denying my rideshare accident claim in Florida?

If you have recently been involved in a rideshare accident in Florida, you may feel confused and frustrated, especially if the insurance company has denied your claim. It’s a situation that no one expects to deal with, and it’s natural to feel overwhelmed. However, you are not alone. At times like this, you need guidance and support from someone who understands the legal complexities involved in these types of cases. We understand how difficult it can be when you are already facing the physical and emotional challenges of an accident, and now you have to deal with the added stress of an insurance denial.

In this page, we will explain the steps you can take if you find yourself in this situation, as well as how a skilled lawyer can help you navigate the process and secure a favorable result.

Understanding the Rideshare Insurance System in Florida

Florida is a state that has specific laws governing rideshare services like Uber and Lyft. When you’re in an accident while using a rideshare service, the situation can be more complicated than a typical car accident. Rideshare drivers are usually covered by different types of insurance depending on whether they are driving a passenger or not.

While rideshare drivers are required to have their own personal car insurance, the rideshare company also provides insurance coverage that may kick in under certain conditions. If you are involved in an accident while riding as a passenger, you might expect the insurance to cover your injuries. However, this is where things can get tricky. There are several reasons why an insurance company might deny your claim. They could argue that the driver was not acting within the scope of their employment, that the accident was your fault, or they might find another reason to deny liability. Understanding the nuances of rideshare insurance coverage can help you better understand why your claim might have been denied.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Common Reasons Insurance Companies Deny Rideshare Accident Claims

There are several common reasons why insurance companies may deny a rideshare accident claim. One of the most frequent reasons is that they claim the driver was not “active” on the app at the time of the accident. This is an important distinction because the rideshare company’s insurance policy may only apply if the driver is either on the way to pick up a passenger or actively transporting a passenger. If the driver was not logged into the app, the rideshare company might deny the claim, leaving you to deal with their personal car insurance or your own insurance.

Another reason your claim might be denied is that the insurance company disputes who was at fault for the accident. In some cases, they might argue that the accident was caused by something other than the rideshare driver, such as a third party or another driver. If there is any doubt or disagreement about who caused the crash, the insurance company may refuse to accept responsibility.

Lastly, some insurance companies may try to avoid paying your claim by offering a low settlement or denying coverage entirely. In such situations, you may feel pressured to accept less than what you are entitled to. Insurance companies often rely on the fact that many individuals may not understand their rights, which is why it’s critical to have an attorney on your side who knows how to handle these types of cases.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What Steps Should You Take After Your Rideshare Accident Claim is Denied?

If your rideshare accident claim is denied, there are several steps you should take to protect your rights and pursue the compensation you deserve. First and foremost, do not accept the denial without fully understanding the reasons behind it. Review all the details of your claim and gather any evidence that supports your case, such as photos, medical records, witness statements, or the police report. This evidence can be crucial in disputing the denial and proving your case.

Next, it is important to file an appeal with the insurance company. Insurance companies are required to follow certain procedures when reviewing claims, and an appeal is an opportunity to have them reconsider their decision. You can work with an attorney to ensure that your appeal is well-documented and presented in a way that strengthens your case.

In some situations, it may be necessary to file a lawsuit against the insurance company or the responsible party. If negotiations and appeals do not lead to a fair settlement, litigation may be the only way to secure the compensation you deserve. A skilled attorney can help you determine if pursuing a lawsuit is the right course of action based on the facts of your case.

How a Lawyer Can Help You in Your Rideshare Accident Case

While dealing with an insurance company on your own may seem intimidating, having an experienced lawyer by your side can make all the difference. A lawyer can help you navigate the complex legal landscape of rideshare accident claims, ensuring that you understand your rights and have a strategy to pursue compensation.

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Your lawyer will communicate directly with the insurance companies on your behalf, saving you from dealing with the stress and frustration that comes with trying to negotiate a claim on your own. They will work to gather evidence, such as accident reports, medical records, and witness testimonies, that will strengthen your case and help you secure a favorable outcome.

An attorney can also help you determine the true value of your claim. If you have sustained injuries, your lawyer will assess the full extent of your medical expenses, lost wages, pain and suffering, and other damages. They will ensure that the insurance company does not undervalue your claim or pressure you into accepting an unfair settlement.

Additionally, a lawyer can help you navigate the legal intricacies of Florida’s insurance laws, which may vary depending on the rideshare service involved. With a knowledgeable attorney handling your case, you can be confident that all aspects of your claim are being thoroughly reviewed and pursued.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Importance of Acting Quickly After an Insurance Denial

Time is a critical factor when dealing with a rideshare accident claim, especially after an insurance denial. Florida’s statute of limitations limits the time you have to file a lawsuit, so it’s important to act as soon as possible to preserve your rights. If you wait too long to pursue legal action, you may lose your ability to recover compensation for your injuries.

Moreover, the longer you wait, the harder it may be to gather evidence and witness testimony that can support your case. Insurance companies may also delay or complicate the process if they know that you are not acting swiftly. Having an attorney on your side who can move quickly and take immediate action is essential to achieving a successful outcome.

We Can Help You Get the Compensation You Deserve

At Serrano Law, we understand the frustration and stress that comes with dealing with an insurance company that denies your rideshare accident claim. We are committed to helping individuals in Florida who find themselves in this difficult situation. Our team is ready to review the details of your case, fight for your rights, and work towards securing the compensation you deserve.

If you’re facing a denied rideshare accident claim, don’t hesitate to reach out to us. We’re here to help guide you through every step of the process and ensure that you receive the compensation you are entitled to. Contact us today to schedule a consultation and take the first step towards resolving your case.

To learn more about this subject click here: What Evidence is Crucial for a Successful Rideshare Accident Claim in Florida?