The rise of rideshare services like Uber and Lyft has transformed transportation across Florida. However, with more rideshare vehicles on the road, accidents involving these companies have also become more common. If you’ve been injured in an accident involving an Uber or Lyft, whether as a passenger, another driver, or a pedestrian, understanding your legal options is essential. Here’s a breakdown of how personal injury claims against rideshare companies work in Florida.
Understanding Florida's Insurance Laws and Rideshare Companies
Florida is a no-fault state, meaning that your own Personal Injury Protection (PIP) insurance will generally cover your initial medical expenses and lost wages, regardless of who caused the accident. However, if your injuries are severe enough to meet Florida’s “serious injury” threshold, you can step outside the no-fault system and file a claim against the at-fault party. This is particularly relevant in rideshare accidents because of the unique insurance coverage Uber and Lyft are required to maintain under Florida law.
Rideshare Insurance Coverage Tiers
Uber and Lyft’s insurance policies operate in tiers, depending on the driver’s status at the time of the accident:
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Driver Not Logged Into the App: If the rideshare driver is not actively using the Uber or Lyft app, their personal auto insurance applies. Neither Uber nor Lyft provides coverage in these situations.
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Driver Logged Into the App but Without a Passenger Request: If the driver is logged into the app and available to accept rides but has not yet accepted a trip, Uber and Lyft provide contingent liability coverage. This includes:
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$50,000 per person for bodily injury
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$100,000 per accident for bodily injury
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$25,000 for property damage
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Driver En Route to Pick Up a Passenger or During a Trip: Once a driver accepts a trip or is actively transporting a passenger, Uber and Lyft provide $1 million in liability coverage, as well as additional uninsured/underinsured motorist (UM/UIM) coverage.
Common Scenarios for Rideshare Accident Claims
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As a Passenger: If you are injured while riding in an Uber or Lyft, the $1 million coverage should apply to your claim, regardless of whether the rideshare driver or another driver caused the accident.
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As Another Driver or Pedestrian: If a rideshare driver causes an accident that injures you, their coverage depends on the driver’s status at the time of the crash. Determining whether the driver was logged into the app is crucial.
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As a Rideshare Driver: If you are a rideshare driver injured in an accident caused by another party, you may be able to access the company’s UM/UIM coverage if the at-fault party lacks sufficient insurance.
Steps to Take After a Rideshare Accident
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Seek Medical Attention: Even if you believe your injuries are minor, seeing a doctor promptly protects your health and establishes documentation for your claim.
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Report the Accident: Notify Uber or Lyft through their app. You should also report the accident to your own insurance company.
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Gather Evidence: Take photos of the accident scene, your injuries, and any property damage. Obtain contact information for the drivers involved, as well as any witnesses.
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Consult a Florida Personal Injury Attorney: Rideshare accident claims can be complex due to the overlapping insurance policies and the involvement of large corporations. An experienced attorney can help you navigate the process and ensure you receive fair compensation.
Challenges in Uber and Lyft Injury Claims
While rideshare companies maintain substantial insurance policies, pursuing a claim is not always straightforward. Common challenges include:
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Disputes Over Driver Status: Determining whether the driver was logged into the app or actively transporting a passenger is critical to identifying the applicable coverage.
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Corporate Resistance: Uber and Lyft often seek to minimize payouts and may dispute liability.
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Multiple Parties Involved: Accidents involving rideshare vehicles can include multiple at-fault parties, such as another driver, the rideshare company, or even the manufacturer of a defective vehicle part.
Conclusion
If you’ve been injured in an accident involving an Uber or Lyft in Florida, you don’t have to navigate the legal complexities alone. Rideshare injury claims require a deep understanding of Florida’s insurance laws and the policies unique to Uber and Lyft. Consulting a knowledgeable personal injury attorney can help ensure your rights are protected and you receive the compensation you deserve.
For a free consultation or to learn more about your legal options, contact our office today.
Have you or someone you know been injured as a result of a rideshare crash? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
