Visitor Question

What should I ask for if injured while riding in an Uber?

Submitted By: Anonymous (Orlando, Florida)

I was in a car accident while riding as a passenger in an Uber. The driver was behind a bus on the left hand side and attempted to get past the bus by turning into the right lane when a truck hit him.

The driver pulled over and called his brother on his cell phone and started to explain the incident. Then he started to drive off, and told me, “let me get you to work.”

As he was driving, I started to feel this pain in my neck. The driver was still on the phone with his brother when I told him, “you can’t leave the scene of an accident.” He said he didn’t know that and slammed on his brakes, then pulled over. He accelerated and crossed two lanes of traffic, almost hitting another car to get back to the original accident scene.

The police officer who responded to the scene stated the Uber driver was at fault. I went to the hospital by ambulance. I have a herniated disc in the c4-5 and c5- 6, plus a bulge disc c7- T1. The doctor stated it might not require surgery. I also have a cervical sprain. I have no prior history of back or neck pain or injury.

Right now I’m in constant pain even though I go to physical therapy and have had steroid injections to reduce the pain. The headaches are by far the worst of the pain. I’m only 26 years old.

Is this considered a permanent injury? What type of offer should I expect?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

A herniated disk refers to a problem with one of the rubbery cushions (disks) between your individual bones (vertebrae), which stack up to make your spine. A herniated disk can irritate nearby nerves and result in pain, numbness or weakness in your arm or leg.

According to the Mayo Clinic, many people experience no symptoms from a herniated disk and don’t need surgery to correct the problem.

Florida Statutes §440.15 set out the types of disability recognized in the State of Florida. They are as follows:

  • Permanent Total Disability
  • Temporary Total Disability
  • Permanent Impairment Benefits

Only your treating physician can tell you if your injury is permanent.

Presuming the Uber driver’s insurance company accepts liability, they will offer a settlement amount in accordance with your medical bills, out-of-pocket expenses (for medications, travel to treatment, crutches, etc.), your lost wages (if applicable), and an amount for your pain and suffering.

Without knowing the extent of your present and future medical bills, or your potential level of disability, it is difficult to tell what amount of settlement would be appropriate in your case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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