# Lakeland Doctor sues Uber, driver after wreck



## BurgerTiime (Jun 22, 2015)

http://www.fox13news.com/news/local-news/234184871-story

*Lakeland Doctor sues Uber, driver after wreck*

*POLK COUNTY (FOX 13)* - A Bay area doctor is suing Uber and his driver after being involved in a car accident.

On November 29th Dr. Nathaniel Stephens, an ER physician at Lakeland Regional was in an Uber with a friend heading to dinner. On the way their driver caused an accident near Swann Avenue and Bayshore Boulevard in Tampa.

"My client suffered very severe internal injuries," said attorney Dan Moody.

Moody says Dr. Stephens was forced to miss work due to a prolonged hospital stay. He says even now that he's back he's still in pain.

"Dr. Stephens has a right like anyone injured like as a result of someone else's fault to be compensated for his injuries," he said.

So he's filed a lawsuit in Hillsborough County Circuit Court against Uber and the driver Marqus Baker and his brother Steven who owns the vehicle. He's seeking damages in excess of $15,000. The suit alleges Marqus was driving negligently.

Moody also questions Uber's back-ground check policies.

"If Uber didn't screen the driver properly or didn't do a proper background check of the driver then this case can go beyond a mere car accident," Mood said.

Uber does require drivers have insurance but Moody says in Bakers case, the policy didn't cover vehicles being used for compensation. That raises more questions about Uber's pre-screening.

"We all are here to make sure people that take Ubers are protected and the right safeguards are put in place," he said.

He says a full investigation is still in the early stages. We did reach out to the Uber driver and Uber itself, neither commented.


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## BurgerTiime (Jun 22, 2015)

Listen up drivers!! This is why you must contact you insurance company, get permission and get the additional ride-share policy!!!! 
This driver is most likely screwed!!!


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## Another Uber Driver (May 27, 2015)

Uber does not provide the policy from James River in Florida? I do not know if TNC endorsements are available in Florida, but if they are, it might be strictly secondary coverage. If the driver did not have a TNC endorsement, available or not, it would not matter, anyhow. Still, does not Florida Law or Uber policy provide for the James River coverage?

In the three jurisdictions in this area, James River's coverage must be primary. Yes, Uber and James River still will try to weasel out, ask you to submit to your carrier first, it denies then James River must cover, but that is not atypical. My regular job is in the insurance business. Insurance companies love to collect premiums but hate to pay out. They will do everything to avoid or delay payment.

As for suing Uber, the driver, the owner, that is standard procedure for any lawyer, be he an ambulance chaser or otherwise. You try to get as many pockets involved and you look for the deep pocket. Clearly Uber's pocket is the deepest, even if the depth is only on paper. If nothing else, these lawyers hope that the deep pockets will cough up if for no other reason than to make it go away and go away quickly.

When I argue with lawyers over settlement, I have had more than one ask me directly "What is your company willing to pay to make this go away 
to-day?". I give him the figure, he takes it or leaves it.


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## SEAL Team 5 (Dec 19, 2015)

Only suing for 15k? Why doesn't Uber settle out of court? Never mind, it says in excess of. That's why it's a Circuit Court.


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## Flarpy (Apr 17, 2016)

In many jurisdictions you can't name a $ figure in your complaint, for fear it will bias a jury. You sue for an undetermined amount and then let the jury figure it out.


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## SEAL Team 5 (Dec 19, 2015)

Flarpy said:


> In many jurisdictions you can't name a $ figure in your complaint, for fear it will bias a jury. You sue for an undetermined amount and then let the jury figure it out.


Thank you for the clarification.


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## BurgerTiime (Jun 22, 2015)

You can sue anyone in civil court. A policy doesn't make you amune to a lawsuit. Expect a civil employee ie. A police officer. It will be interesting to find the outcome of this case if he can prove the driver in violation of something. Bad eyes, poor health, let go from another position as a driver. You know, all the things a transportation company is regulated for. I'm pretty certain James River does not cover you for civil lawsuits. I bet this drivers days are done!


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## RamzFanz (Jan 31, 2015)

SEAL Team 5 said:


> Only suing for 15k? Why doesn't Uber settle out of court? Never mind, it says in excess of. That's why it's a Circuit Court.


Because he's covered by insurance. This article is complete nonsense full of lawyer babble.


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## RamzFanz (Jan 31, 2015)

Another Uber Driver said:


> Uber does not provide the policy from James River in Florida? I do not know if TNC endorsements are available in Florida, but if they are, it might be strictly secondary coverage. If the driver did not have a TNC endorsement, available or not, it would not matter, anyhow. Still, does not Florida Law or Uber policy provide for the James River coverage?
> 
> In the three jurisdictions in this area, James River's coverage must be primary. Yes, Uber and James River still will try to weasel out, ask you to submit to your carrier first, it denies then James River must cover, but that is not atypical. My regular job is in the insurance business. Insurance companies love to collect premiums but hate to pay out. They will do everything to avoid or delay payment.
> 
> ...


James River is primary during periods 2 and 3 in all of the United states for $1,000,000 in liability.


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## RamzFanz (Jan 31, 2015)

BurgerTiime said:


> Uber does require drivers have insurance but Moody says in Bakers case, the policy didn't cover vehicles being used for compensation. That raises more questions about Uber's pre-screening.


Laughably stupid and irrelevant. This lawyer doesn't have a clue.


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## Jagent (Jan 29, 2017)

The driver likely has zero assets. Wealthy people typically don't work for slave wages. In the event of possible future wage garnishment, all he has to do is file bankruptcy.


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## Another Uber Driver (May 27, 2015)

BurgerTiime said:


> I'm pretty certain James River does not cover you for civil lawsuits.


A lawsuit that arises from an motor vehicle collision _*is*_ a civil lawsuit, so yes, James River does cover you for civil lawsuits. The standard language of an Insuring Agreement usually reads that the insurer will pay on your behalf, all sums that you are legally obligated to pay as a result of your use of a motor vehicle to the limits of the policy except for exclusions. As Uber has engaged James River specifically to cover TNC work, there is no exclusion in the James River policy for carrying passengers for compensation. The driver's personal policy might not cover the damages that arise from the collision, but James River eventually will.

I will accept "RamzFanz's word that James River coverage is in effect in Florida if for no other reason than it makes sense that it would be. As the plaintiff was a paying passenger in the Uber vehicle, the occurrence was during Period Three, which James River does cover. So, allright, Allstate, Progressive, G.E.I.Co. or whatever might not cover it, but the plaintiff will receive compensation, unless the driver was in violation of one of the exclusions in the James River policy.


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## Milito (Apr 26, 2016)

Another Uber Driver said:


> A lawsuit that arises from an motor vehicle collision _*is*_ a civil lawsuit, so yes, James River does cover you for civil lawsuits. The standard language of an Insuring Agreement usually reads that the insurer will pay on your behalf, all sums that you are legally obligated to pay as a result of your use of a motor vehicle to the limits of the policy except for exclusions. As Uber has engaged James River specifically to cover TNC work, there is no exclusion in the James River policy for carrying passengers for compensation. The driver's personal policy might not cover the damages that arise from the collision, but James River eventually will.
> 
> I will accept "RamzFanz's word that James River coverage is in effect in Florida if for no other reason than it makes sense that it would be. As the plaintiff was a paying passenger in the Uber vehicle, the occurrence was during Period Three, which James River does cover. So, allright, Allstate, Progressive, G.E.I.Co. or whatever might not cover it, but the plaintiff will receive compensation, unless the driver was in violation of one of the exclusions in the James River policy.


Rideshare policy is not available in florida, private or commercial there is nothin in between


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## Trump Economics (Jul 29, 2015)

BurgerTiime said:


> http://www.fox13news.com/news/local-news/234184871-story
> 
> *Lakeland Doctor sues Uber, driver after wreck*
> 
> ...


HELLO. I'M AN ARBITRATION AGREEMENT, AND I'VE GOT SOME UPSETTING NEWS FOR YOU.


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