Uber Hit a Pedestrian. What Compensation Can the Pedestrian Get?

If an Uber car hits a pedestrian, the pedestrian may be entitled to compensation.

I’ve written about cases for pedestrians who are hit by cars, and Uber car accidents.  However, this article specifically applies to a pedestrian who is hit by an Uber driver.

Ubers that are in a car accident are covered by certain insurance limits that don’t apply to typical car accidents.  In addition, the type of injury that you may need in order to get compensation for pain and suffering from a Uber accident may also be different.

This article also applies to pedestrians who are hit by a Lyft car.

The word “pedestrian” means someone who is walking, but it also means someone on a bike or skateboard.

Does Uber have Personal Injury Protection (PIP) Insurance that Will Pay the Pedestrian?

It depends, in part, on the date of the crash, which I discuss below.

I’ve written about whether Ubers carry PIP insurance.  Here, I’ll focus on PIP for pedestrians hit by an Uber.

Accidents Before July 1, 2017 – Can Pedestrian Hit By an Uber Get PIP from Uber?

The pedestrian won’t get PIP from Uber.  The pedestrian will qualify for Personal Injury Protection (PIP) if the pedestrian owns an insured car in Florida.

If the pedestrian doesn’t own a car, but lives with a resident relative who owns an insured car in Florida, the resident relative’s PIP will cover the pedestrian.

Accidents On or After July 1, 2017 – Can Pedestrian Hit By an Uber Get PIP from Uber?

If the pedestrian doesn’t own a car, or live with a resident relative who owns a car, the pedestrian gets PIP from Uber if the Uber driver had the app on, but wasn’t engaged in a ride.  Florida Statute 627.748(7)(b)1.b.  

This assumes that the pedestrian was a Florida resident.  (The pedestrian would need a threshold injury to get compensation for pain and suffering in his personal injury claim).

If the pedestrian wasn’t a Florida resident, and doesn’t get PIP, the pedestrian can’t get PIP from Uber.  (However, the pedestrian doesn’t need a threshold injury to get a pain and suffering payout.)

If the Uber was engaged in a ride, then the pedestrian can’t get PIP from Uber.

Can a Pedestrian Who Is Hit By an Uber Make a Personal Injury Claim?

Yes, if the Uber driver’s negligence caused the crash.  The pedestrian can sue the Uber driver for:

• medical bills not paid by PIP
• lost wages not paid by PIP
• pain and suffering
• damage to the personal property

If the Uber wasn’t engaged in a ride, but the Uber app was on, Uber’s BIL insurance limit is $50,000 per person/$100,000 per accident.  Florida Statute 627.748(7)(b)1.a.  Uber’s certificate of insurance shows this limit.

If the Uber was engaged in a ride, the Uber’s liability insurance limit for death, injury and property damage is $1 million. Florida Statute 627.748(7)(c)1.a.   Uber’s certificate of insurance shows this limit.

Family of 6-year-old Girl Who Was Struck By Uber Driver Settles Lawsuit

This isn’t my case.  ABC News reported that the family of a 6-year-old girl who was struck and killed by an Uber driver in 2013 settled a lawsuit against Uber.  The girl was Sofia Liu.

As is typical, the settlement amount wasn’t disclosed in court documents.  This is a sad case.

The lawsuit was against Uber and the driver.  (Though this wasn’t a Florida case, in Florida you can’t generally sue Uber if certain conditions are met.  Florida Statutes 627.748(9)(a-d).  You can sue the driver.  If you have a valid claim, the driver’s insurance company, or Uber’s insurance company, will pay it.)

The family claimed that the Uber driver was using the Uber app and had been looking for rides when he hit Sofia as she crossed the street with her mother and brother in a crosswalk.

How This Case Would’ve Been Handled if the Accident Happened in Florida

Let’s assume that this crash happened in Florida.  Uber’s insurance would’ve paid $100,000 for the entire accident.  No single person would’ve received more than $50,000 from Uber’s insurer.

This is because the driver allegedly had the app on, but wasn’t engaged in a ride.

Since the girl was in the crosswalk, no fault likely was assigned to her or her mother. The value of the wrongful death case is easily worth more than $50,000.  In Florida, Uber’s insurer would probably send an adjuster to hand deliver a check to the girl’s mother.

Sofia’s mother was also injured and had $500,000 in medical bills.  In Florida, Uber insurer’s would pay the $50,000 per person bodily injury limits within days.  This is because her medical bills were 10 times the $50,000 per person insurance limits.

Uber’s insurer doesn’t want to get sued for acting in bad faith, and then owe what a jury would award.  Uber’s insurer wants to limit the amount that they owe to $50,000 for death or bodily injury per person, and $100,000 for death and bodily injury per accident.

If the Uber driver had his own insurance, it would’ve likely paid the policy limits to the family.  If Sofia’s mother had underinsured motorist (UIM) insurance, it would’ve likely paid the UIM limits to the family as well.

The mother’s UIM insurance would’ve applied even though they weren’t in their car when the collision happened.

Hurt from an Uber Car Accident in Florida, or Another Type of Accident?

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