Whether someone can bring an emotional distress claim against Uber following an auto wreck is a two-part inquiry.
First, you must have suffered the type of emotional distress recognized by Florida’s courts. If so, you must then evaluate how state law handles the liability of Transportation Network Companies (e.g., Uber) for the actions of their drivers.
Largey Law Firm understands that the law is not always kind to people emotionally traumatized by car crashes. We will personally handle the life of your claim with attention and care.
Is the Harm I Suffered Considered Emotional Distress Under Florida Law?
Although Florida courts acknowledge both intentional and negligent infliction of emotional distress (IIED and NIED), the state does not have legislation defining emotional distress.
In Metropolitan Life Ins. Co. v. McCarson, the Supreme Court of Florida found that a defendant’s extreme and outrageous conduct distinguishes IIED from NIED. Accordingly, to prevail on an IIED claim, a plaintiff would have to show that an Uber driver acted in such an extreme and outrageous manner as to go beyond all possible bounds of decency.
However, most auto accidents are the result of negligence. The motorist at fault for the collision failed to exercise ordinary care in the course of their driving.
A person asserting this misconduct is typically required to satisfy Florida’s impact rule. This rule requires a person to demonstrate their distress originates from a situation where they sustained a physical impact from an external force. An exception exists where distress is manifested by physical injury during or shortly after a traumatizing event is immediately sensed by the complainant.
Still, stand-alone NIED claims are generally not accepted under Florida case law, meaning, absent a physical impact, damages are largely unavailable.
Assuming I Can Prove Emotional Distress, Can I Sue Uber Directly?
Florida statutorily regulates Transportation Network Companies (TNCs), like Uber, in Florida Statutes § 627.748. As a TNC, Uber does not legally own, control, operate, direct, or manage the drivers or vehicles that connect to its digital network. This makes Uber drivers independent contractors, freeing Uber of almost all vicarious liability for the negligence of its drivers.
Nevertheless, Uber maintains a $1,000,000 insurance policy covering injuries to riders, third parties, and property when one of its drivers is en route or on a trip and is at fault for a collision. Uber’s Florida-specific policy provides further protection when a driver is online and available to take trips: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage.
State law details the insurance coverage that a TNC driver, the TNC itself, or a combination of the two are obligated to carry in Florida Statutes § 627.748(7). Although Florida already imposes minimum auto-insurance requirements on all motorists in the state, a TNC must provide the mandated coverage, beginning with the first dollar of a claim, if the contract driver is uninsured or underinsured.
Neither Uber nor its drivers are compelled by law to maintain coverage exclusively for emotional distress. It is virtually impossible for a person to file suit against Uber, as TNCs’ liability for the conduct of their drivers is severed in most cases. A person suffering emotional distress connected to an Uber wreck is limited to suing the driver in their personal capacity for damages.
Emotional Distress from Uber Accidents Is Real: A Lawyer Can Help
Florida’s impact rule and the complexity of state law concerning auto insurance and the liability of TNCs may overwhelm you in the wake of an Uber collision.
We at Largey Law Firm do not diminish our clients’ experiences of emotional distress. Leave the law to us while you heal, and we will walk you through the process of resolving your emotional distress claim. Call now to discuss your claim with our team.