Uber and Lyft accidents

Injured in an Uber Accident in Hialeah? Here Is How to Hire a Lawyer

Direct answer

Call a personal injury lawyer who handles Uber and Lyft claims before you speak to any insurance adjuster, the driver's app status at the moment of the crash determines which policy pays and by how much, and that determination happens faster than most injured people expect. Wolfson & Leon can be reached at (305) 285-7071, answered by a person 24 hours a day, seven days a week, and there is no fee unless money is recovered for you. The process from that first call to a signed contingency agreement typically takes one appointment, and the firm can come to you at home or at the hospital.

Injured in an Uber Accident in Hialeah? Here Is How to Hire a Lawyer

Call a personal injury lawyer who handles Uber and Lyft claims before you speak to any insurance adjuster. The driver’s app status at the moment of the crash determines which insurance policy pays and by how much, and that determination happens faster than most injured people expect. Wolfson & Leon can be reached at (305) 285-7071, answered by a person 24 hours a day, seven days a week, and there is no fee unless money is recovered for you. The process from that first call to a signed contingency agreement typically takes one appointment, and the firm can come to you at home or at the hospital.

Why do Uber cases need a lawyer before I talk to the insurance company?

The law in Florida makes the Uber driver’s app status the key fact that decides your case. Under Fla. Stat. § 627.748(7), if the app was off, only the driver’s personal auto policy applies. If the app was on but the driver had not yet accepted a ride, lower coverage limits apply. If the driver had accepted a trip or you were already in the car, Uber must provide primary liability coverage of at least $1 million. An insurer may argue the driver was in a lower-coverage phase. A common question is: if you were a passenger in an Uber that got rear-ended in Miami, whose insurance are you supposed to deal with? Do not give a recorded statement to any adjuster before speaking with a lawyer. Early access to Uber’s trip data, GPS logs, and app records is how a lawyer proves when the ride actually started.

Step 1: What happens during the free consultation, and where does it take place?

Your first call goes to a live person at (305) 285-7071, any time of day or night. The lawyer will ask for basic details: when the crash happened, whether you know the driver’s app status, your injuries, treatment so far, and if you have screenshots from the Uber app. You do not need to come to the office. Wolfson & Leon meets clients at home, at Hialeah Hospital, or at Palmetto General if you cannot travel. The consultation is free, you are not obligated to hire the firm, and it can be conducted in Spanish. Attorney Alfie Leon works directly with Hialeah clients from the firm’s office at 1840 W 49th St, Suite 734.

Step 2: What is a contingency fee and what will I actually sign?

A contingency fee means you pay nothing upfront. You owe no attorney fee unless money is recovered for you. Before any work begins, you sign a written agreement that states the percentage the firm receives from any recovery, confirms you pay nothing if there is no recovery, and explains how litigation costs are handled. Florida Bar rules require this agreement to be in writing. The contract also authorizes the lawyer to speak to all insurers on your behalf. Once signed, adjusters are told to direct communications to your lawyer instead of calling you. This structure answers the common fear: “Would it be worth getting a lawyer?” Yes, because without legal help, you may settle too early or with the wrong insurer.

Step 3: What does the lawyer actually do in the first week after I sign?

In the first week, the firm takes urgent steps to protect your claim. They send evidence-preservation demands to Uber to lock in trip data, GPS logs, and app records before they are deleted. They request the police crash report immediately, under Fla. Stat. § 316.066, lawyers can access it right away even though it is confidential to the public for 60 days. They analyze the driver’s app status under Fla. Stat. § 627.748(7) to identify every insurance policy that might apply. They notify each liable insurer in writing. They also check whether you saw a doctor within 14 days to preserve your PIP benefits under Fla. Stat. § 627.736. If you have not yet been treated and the 14-day window is still open, the lawyer will tell you to see a doctor now.

How do I check a lawyer’s credentials before I hire them?

Verify any attorney in two steps. First, go to floridabar.org and search their name in the Florida Bar’s online directory to confirm they are licensed and in good standing. Second, use the Florida Bar’s Lawyer Referral Service or the 11th Judicial Circuit Court’s referral resources in Miami-Dade. For Wolfson & Leon, look up the firm and attorney Alfie Leon specifically on the Florida Bar site. Do not rely on social media claims or unverified reviews. Focus on concrete facts: the firm has a Hialeah office, offers consultations in Spanish, answers calls 24/7, and works on contingency so you risk nothing upfront.

How long do I have to file a lawsuit, and why does waiting hurt the case?

For crashes on or after March 24, 2023, Florida law gives you two years from the date of the crash to file a personal injury lawsuit under Fla. Stat. § 95.11. The older four-year deadline applies only to injuries that happened before March 24, 2023. Waiting, even within the two-year window, hurts Uber cases because critical evidence like app logs, GPS data, and dashcam footage can be erased long before then. That is why preservation demands in the first week matter. Also remember the separate 14-day deadline under Fla. Stat. § 627.736: you must seek medical treatment within 14 days to qualify for PIP benefits. Missing that window cuts off PIP benefits you already paid for (up to $10,000 with an emergency medical condition, otherwise $2,500).

Frequently asked questions

Does it matter whether I was a passenger, another driver, or a pedestrian when the Uber hit me?
Yes. Your role affects which insurance policies apply, but the driver’s app status still controls Uber’s coverage level under Florida law. Passengers, other drivers, and pedestrians can all have valid claims against multiple sources, including the Uber policy, the driver’s personal policy, or your own uninsured motorist coverage.

Passenger in an Uber that got rear-ended in Miami, whose insurance am I supposed to deal with?
Start with Uber’s $1 million liability policy if the driver had accepted your ride. But do not contact Uber or any insurer alone. An adjuster may dispute when the trip was accepted, which affects the coverage tier. A lawyer uses trip data to prove the correct coverage tier.

Could I just settle with the insurance company on my own and skip the lawyer’s percentage?
You can try, but you risk accepting far less than your claim is worth. Insurers know unrepresented claimants often do not understand app-status rules or PIP deadlines. Most serious Uber injury cases involve layered policies and complex coordination that require legal analysis.

What if I have not seen a doctor yet, is it too late to hire a lawyer?
No. If fewer than 14 days have passed since the crash, a lawyer can still help you preserve PIP benefits by getting you to a qualified provider immediately. Even after 14 days, you may still have a valid claim for pain and suffering against the at-fault party if you meet Florida’s permanent injury threshold.

Can I meet with a lawyer in Spanish, and does the firm come to me if I am in the hospital?
Yes. Attorney Alfie Leon conducts consultations in Spanish and meets clients at Hialeah Hospital, Palmetto General, or at home. Call (305) 285-7071 anytime, someone answers 24/7.

Related reading: I was in an Uber or Lyft accident in Hialeah. Whose insurance pays? · Alfonso “Alfie” Leon · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

Hurt in an accident in Hialeah? Call Wolfson & Leon at (305) 285-7071 for a free consultation. We speak Spanish, and there is no fee unless we win.

Key facts

  • The driver's app status at the moment of the crash decides which insurance policy responds: app off means only the driver's personal policy applies; app on but waiting for a ride means lower coverage limits apply; a ride accepted or passenger in the vehicle means a primary liability policy of at least $1 million applies. Source: Fla. Stat. § 627.748(7)
  • For crashes that happened on or after March 24, 2023, an injured person has two years from the date of the crash to file a personal injury lawsuit in Florida. Missing that deadline generally bars the claim permanently. Source: Fla. Stat. § 95.11
  • Florida PIP pays 80 percent of reasonable medical bills and 60 percent of lost income up to $10,000 when a doctor finds an emergency medical condition, or up to $2,500 otherwise, but only if the injured person seeks treatment within 14 days of the crash. Source: Fla. Stat. § 627.736
  • Wolfson & Leon's Hialeah office is located at 1840 W 49th St, Suite 734, and attorney Alfie Leon works directly with Hialeah clients, often conducting consultations in Spanish. Source: Wolfson & Leon
  • Miami-Dade County personal injury lawsuits are filed in the 11th Judicial Circuit Court of Florida. Source: Wolfson & Leon

Frequently asked questions

Does it matter whether I was a passenger, another driver, or a pedestrian when the Uber hit me?

Your role in the crash affects which insurance policies are available to you but does not change the core analysis: the driver's app status under Fla. Stat. § 627.748(7) still determines which coverage tier applies. As a passenger on an active ride, you are almost certainly in the period covered by the highest available liability limits. As another driver or a pedestrian, you may also have access to your own PIP coverage and, if you carry it, your own uninsured or underinsured motorist coverage under Fla. Stat. § 627.727. A lawyer reviews all available policies in the first week.

Passenger in an Uber that got rear-ended in Miami, whose insurance am I supposed to deal with?

Do not contact any insurer on your own before speaking with a lawyer. In a rideshare crash there may be three or more insurance companies involved, your own PIP insurer, the Uber driver's personal insurer, Uber's commercial insurer, and potentially the at-fault third driver's insurer, and each has adjusters working to limit what they pay. Under Fla. Stat. § 627.748(7), the driver's app status decides which of Uber's policies responds and at what limit. A lawyer sends notice to all applicable insurers and handles all communications so you do not inadvertently say something that reduces your claim.

Could I just settle with the insurance company on my own and skip the lawyer's percentage?

You can, but rideshare cases involve coverage disputes that standard car accident claims do not, and an early settlement offer from an adjuster typically reflects only the insurer's minimum exposure, not the full coverage available under Fla. Stat. § 627.748(7). If the adjuster mischaracterizes the driver's app status, placing the crash in a lower coverage period, you may settle for far less than you are entitled to. A contingency fee arrangement means you pay nothing unless money is recovered, so the practical question is whether the difference in recovery justifies the fee, not whether you can avoid the fee entirely.

What if I have not seen a doctor yet, is it too late to hire a lawyer?

If fewer than 14 days have passed since the crash, you still have time to seek treatment and preserve your PIP benefits under Fla. Stat. § 627.736. Call (305) 285-7071 immediately; the line is answered around the clock. If more than 14 days have passed, PIP may no longer be available, but a bodily injury claim against the at-fault party may still be pursued. The two-year lawsuit deadline under Fla. Stat. § 95.11 gives more time, but every day of delay makes it harder to obtain Uber's trip data and other digital evidence.

Can I meet with a lawyer in Spanish, and does the firm come to me if I am in the hospital?

Yes on both. Alfie Leon handles Hialeah cases and conducts consultations in Spanish. Wolfson & Leon meets clients at home or at the hospital, including Hialeah Hospital and Palmetto General, when the client cannot travel to the office at 1840 W 49th St, Suite 734. The initial consultation is free and can begin with a call to (305) 285-7071, which is answered by a live person at any hour.

This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. For advice about your situation, call Wolfson & Leon at (305) 285-7071 for a free consultation.

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