Uber Accident Settlement in Passengers’ Lawsuit: Broken Leg, Head Injury

Richard P. Day and Jean S. Day claimed that this was a catastrophic motor vehicle collision in which they suffered life-altering injuries while back seat passengers on an Uber ride in Miami Beach.

This isn’t my case.  I’ll discuss how much this case I think this case settled for. The article also talks about whether the Uber driver was insured.  I will use this lawsuit (and settlement) to show what happens when you get into an Uber accident.

Richard and Jean were husband and wife.  They were visiting Florida from South Carolina.

The Days used the Uber app to get an Uber ride.

The Uber driver picked up Mrs. Day and her husband, Dr. Day, in the Uber driver’s Nissan Murano.  She picked them up at the Eden Roc hotel in Miami Beach, Florida.

Below is a photo of my understanding of where the incident occurred.  This photo isn’t from the day of the crash.

The Days got into the backseat of Uber driver Ingrid Parra’s Nissan Murano for their Uber ride on December 12, 2015.

They claimed that moments later, Uber driver Parra negligently failed to yield the right-of-way to northbound traffic on Collins Avenue while attempting to make a left turn across multiple lanes of traffic.

I also created an illustration (below) of the crash based on my reading of the actual lawsuit, and the Uber driver’s deposition.

However, the above diagram isn’t exact for a few reasons.

The diagram has two lanes lines in each direction (North and South) above.  In actuality, Collins Avenue has three lanes in each direction.

The diagram above shows the Uber car as green and the SUV is orange.

The Days claimed the Uber driver Parra negligently caused her Nissan Murano to crash into a northbound Toyota Highlander, driven by Norberto Trujillo.

Uber Driver Got a Ticket for Failure to Yield Right of Way

Pursuant to Fla. Stat. 316.125(1), the Uber driver received a traffic ticket for failure to yield the right of way.  The rear window was blown out in the crash.

After the crash, Parra saw Dr. Day standing.  She also saw Mrs. Day standing and then she was placed on a stretcher.

Parra testified that she may have seen blood on Mrs. Day’s nose.  Mrs. Day’s blood was also in the back of the Uber car.

The impact of the collision caused the Days to sustain serious and permanent injuries that required emergency medical treatment and surgery.

On March 1, 2006, the Days sued Uber and the Uber driver for each of their:

• Lost wages
• Future lost income reduced to present value
• Past medical expenses
• Past hospital bills
• Future medical expenses
• Bodily Injury and resulting pain and suffering
• Future Pain and Suffering
• Disability
• Disfigurement
• Mental anguish
• Loss of capacity for the enjoyment of life
• Inconvenience
• Loss of consortium

They claimed that the losses are either permanent or continuing and that they will suffer the losses in the future.

Wife Had Brain Injury and 4 Neurosurgeries; Husband Had Surgery to Fix Broken Leg

Mrs. Day claimed that she had traumatic brain injury.  She underwent four nuerosurgeries.

Richard Day suffered a fractured leg.  He had surgery to fix it.  I don’t know which leg bone he fractured.  I don’t know if it was the femur (thighbone) or if it was the bone below the knee (tibia or fibula).  Either way, a fracture leg with surgery is typically worth over $100,000.

According to the Uber passengers’ lawyer, during the deposition, he said that the male passenger also was diagnosed with a concussion (head injury) with loss of consciousness.

Uber Passengers Likely Didn’t Get PIP Benefits

The Uber passengers probably didn’t get PIP benefits.  I say this because it’s my understanding that Uber’s policy didn’t have PIP at this time.  Currently, in Florida, Ubers do not have to have PIP insurance when carrying a passenger.

The Uber driver was taken by ambulance to the hospital.  She spent a day in the hospital.

GEICO Paid PIP Benefits for Uber Driver’s Hospital Treatment

GEICO insured the Uber driver.  The Uber driver said that her neck hurt and she had back pains.  She testified that every so often she has pain.

According to the Uber driver, the day after the accident, GEICO adjuster Lawrence Frederick asked her everything that had happened.  This is standard for GEICO or any insurer.

During the lawsuit, an attorney asked the Uber driver if GEICO provided her with any coverage in this case.  The Uber driver said that GEICO gave her Personal Injury Protection (PIP) benefits for the day she spent in the hospital.

This likely means that GEICO PIP insurance would’ve paid 80% of her reasonable hospital bill charge up to $10,000.  GEICO would have paid these PIP benefits above any PIP deductible with GEICO that the Uber driver had.  The payment would have likely gone directly to the hospital.

Here is a portion of the deposition (testimony) transcript where the Uber driver talks GEICO paying for her hospital stay with PIP.

GEICO Denied Day’s Liability Claim Because Parra Was Driving for Uber

As you can see from the deposition testimony above, the Uber driver said that GEICO denied the liability claim because she was working at the time of the crash.

I assume that she was referring to the Uber passengers’ personal injury liability claim against the Uber driver.

Uber and James River Settle the Case with the Uber Passengers

On March 1, 2017, Uber, the Uber driver and the passengers filed a dismissal with the court stating that they settled this lawsuit.

Each of their cases likely settled for a large amount of money.  The male passenger’s case likely settled for over $100,000.  (I’ve settled leg fracture with surgery cases [not involving Uber] for $445,000, $325,000, and $300,000.  However, none of those cases involved a big lost wage claim.)

If his wife had 4 neurosurgeries were to her brain, her case may have been worth over $1 million dollars.

Wife Likely Got a Bigger Settlement Than Her Husband; 4 Surgeries vs. 1

She probably received a bigger settlement than her husband.  This is because she had four neurosurgeries, and the husband had one leg surgery.

All things equal, cases that involve multiple surgeries are worth more than cases with one surgery.

I assume that the nuerosurgeries were to her brain, though I’m not sure.  Brain surgery cases can be worth a lot of money.

All things equal, the more brain surgeries that the victim has, the higher the value of his or her case.

Husband Was Gynecologist; May Have Had Big Lost Income Claim

The Miami Herald said that Dr. Day was a gynecologist.  In 2014, the average compensation for obstretrics/gynecology, as reported by the Medical Group Management Association, was $317,496.

Assuming Dr. Day made $317,496 per year, he would be entitled to about $26,500 for every month that he couldn’t work because of the accident.  (Just divide $317,496 by 12).

If he missed 6 months of work because of the crash, he would be entitled to $159,000 in lost wages.  (6 x $26,500 = $159,000).

He likely had a large claim for lost income.  He also had a large pain and suffering claim for his leg fracture.

Female Passenger Was a Nurse Anesthesiologist; Likely Got Big Lost Wage Payout

The Miami Herald said that Mrs. Day was a nurse who specializes in the administration of anesthesia, and that she suffered injuries to her brain and has undergone several surgeries.  At the time of that article, they said that she must wear a helmet to protect her skull before another surgery that she had scheduled.

Just a few years ago, the average salary for a nurse anesthetist was $157,690.  Thus, she likely had a very big lost wage claim against the Uber driver.  The Uber driver’s insurer, James River Insurance Company, likely paid her lost wage claim as part of the settlement.

Jeremy Bower was the James River Insurance adjuster who handled the property damage and bodily injury claim.

Other Car’s Driver Also Sued Uber Driver

During deposition, the Uber passenger’s lawyer stated that the driver of the other car, Norberto Trujillo, also sued the Uber driver.

In the passenger’s case against the Uber driver, Hinshaw and Culbertson defended the Uber driver.  Wilson Elser defended Uber.

The Days used a Miami injury lawyer to represent them.

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