Rideshare services like Uber and Lyft have become normalized for many Floridians. But what happens if your convenient ride takes a dangerous turn? Suppose you sustain injuries in an Uber or Lyft accident in Florida. In that case, it's essential to understand the insurance process, identify who is responsible, and know the necessary actions to safeguard your rights.
How Rideshare Insurance Works
In Florida, rideshare companies like Uber and Lyft are called “transportation network companies”(abbreviated “TNC”) and are controlled by Florida Statutes 627.748. Uber and Lyft are required to carry specific insurance coverage to protect passengers and others involved in an accident. The coverage depends on what the rideshare driver was doing at the time of the crash.
Reviewing the app data (for example, the trip history, driver status, etc.) can help determine the driver's status at the time of the accident and which insurance coverage applies:
- App Off: If the accident occurs while the driver is not logged into the app and not actively working (for example, on their way home from a shift), their personal auto insurance will apply.
- App On, Waiting for a Ride: When the app is active and awaiting a ride, Uber and Lyft offer restricted liability insurance — generally $50,000 for each individual’s injuries, $100,000 per incident, and $25,000 for damage to property.
- En Route or Passenger in Car: When the driver is en route to pick up a passenger or has one in the car, the rideshare company’s $1 million liability coverage applies. This does not include uninsured/underinsured (UM) motorist coverage.
Uber’s certificates of insurance can be found online here. Understanding which coverage applies can help determine how your rideshare injury claim will proceed.
Who’s Liable—The Driver, the Company, or Another Party?
Liability in a rideshare accident can be complicated. Depending on the situation, one or more parties may be responsible:
- The Rideshare Driver: If the driver caused the accident, their personal insurance and Uber or Lyft’s coverage should apply.
- Another Driver: If another vehicle caused the crash, their insurance would be the primary source of recovery.
- The Rideshare Company: While Uber and Lyft classify drivers as independent contractors (not employees), their insurance policies still apply in certain circumstances.
- Multiple Parties: In complex cases, liability may be shared among multiple drivers or entities.
A skilled Florida injury attorney can help investigate the accident and identify the responsible parties to ensure you get full compensation.
Passenger Rights After a Crash
As a passenger, you have clear rights if you’re hurt in a rideshare accident in Florida:
- Seek Medical Attention: Your health comes first. Prompt care also creates medical records crucial to your claim. If you have your own PIP (personal injury protection, also known as No-Fault) insurance, your PIP insurance will be primary for your medical care. And then any health insurance you may have.
- Document the Scene to help establish liability: Take photos and video at the scene of all vehicles involved, collect contact information from drivers and witnesses, and save all rideshare receipts. Check to see if your Uber or Lyft driver has a dashcam.
- Report the Accident: Notify Uber or Lyft through their apps and file a police report. In Florida, you’ll be given a one-page “Drivers Exchange of Information” at the scene by the investigating police officer. Still, the full 3-4 page Traffic Crash Report will be ready for download from the state in about two weeks.
- Consult an Attorney: An experienced lawyer can help you file a rideshare injury claim, deal with insurance companies, and protect your legal rights.
Time Limits to File a Claim
Florida has strict deadlines for filing an Uber or Lyft accident claim:
- Personal Injury: Generally, you have 2 years from the date of the accident to file a lawsuit (as of Florida’s updated statute of limitations in 2023) against all parties that may be liable for your injuries.
Missing these deadlines could mean losing your right to recover damages, so it’s important to act quickly.
Contact Hancock Injury Attorneys Today
If you've sustained injuries in a Florida Uber or Lyft accident, you don't have to face the complicated claims process by yourself. Contact our experienced legal team today at Hancock Injury Attorneys to learn how we can help you pursue the compensation you deserve.
Call us now at 813-915-1110 for your free case consultation and let us help you get the justice and compensation you deserve.