In Florida, Uber and Lyft may be liable for accidents based on driver activity. The state’s 2023 law mandates specific insurance levels for ride-share drivers. Florida’s 51 percent rule impacts fault determination, and strict PIP insurance and accident reporting rules apply.
If you’ve been involved in a ride-sharing vehicle’s saccident in Florida, it’s vital to understand who is responsible for your injuries and damages. Florida law holds Uber and Lyft liable in specific situations, depending largely on the driver’s activity at the time of the crash.
In this article, you’ll learn:
- When Uber or Lyft can be held responsible for a crash
- How Florida’s laws influence your compensation
- How comparative fault works
- What steps you must take after an accident
We’ll also explain how insurance limits, PIP, and legal representation impact your settlement, especially when neither Uber nor the at-fault driver accepts liability.
Florida’s Laws on Ride-Sharing Accidents: What You Need to Know
Is Uber Liable for Crashes in Florida?
Whether Uber or Lyft is liable for a crash in Florida hinges on the driver’s status within the app at the exact moment of the accident. This status determines the applicable insurance coverage:
- Offline: If the driver is not logged into the app, only their personal auto insurance applies.
- App on, no ride accepted: When the driver is waiting for a ride request, Uber and Lyft provide limited liability coverage: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.
- Ride accepted or passenger onboard: Once the driver accepts a ride, Uber and Lyft offer up to $1 million in liability coverage, along with uninsured/underinsured motorist protection.
What if Uber and the at-fault driver both deny liability?
Answer: Even in these situations, you may still have options. Florida’s PIP (Personal Injury Protection) insurance covers certain expenses regardless of fault. Additionally, Uber’s uninsured/underinsured motorist coverage might apply depending on the driver’s status at the time of the crash. We’ll cover these scenarios in detail.
What Is the New Law in Florida for Car Accidents?
Florida’s 2023 legal update significantly raised the bar for insurance coverage in the ride-share industry. Now, all ride-share drivers must carry $1 million in coverage when transporting passengers.
However, many drivers are unaware that their personal auto policies may exclude coverage when they’re engaged in commercial activities like driving for Uber or Lyft. This oversight can create serious coverage gaps that affect passengers and other victims seeking compensation.
How do I know which insurance applies to my case?
Answer: The key lies in determining the driver’s status at the time of the accident. We’ll explain how this status influences insurance coverage in detail throughout this article, helping you understand where your compensation could come from and how to navigate potential insurance gaps effectively.
The 51 Percent Rule in Florida
Florida applies a modified comparative negligence rule, commonly known as the “51 percent rule.” This means that if you are found to be more than 50% at fault for the accident, you cannot recover any damages.
For example, if you were distracted and partially responsible for a crash involving an Uber or Lyft, your compensation could be reduced proportionally. If your share of fault is determined to be over 50%, you would be barred from recovering damages altogether.
Can I still get compensated if I was partially at fault?
Answer: Yes, but only if your percentage of fault does not exceed 50%. We will detail later how this rule plays out in ride-share accident claims, and how an experienced attorney can help minimize your attributed fault to maximize your settlement.
What Are the Rules for Accidents in Florida?
Florida law requires Personal Injury Protection (PIP) insurance coverage of at least $10,000 to cover medical expenses and lost wages, regardless of who was at fault. This is particularly relevant in ride-share accidents, where multiple parties may be involved.
One critical rule is the 14-Day Rule: you must seek medical attention within 14 days of the accident to qualify for PIP benefits. Failing to do so could jeopardize your claim entirely.
Unique Insight: While PIP benefits require medical attention within 14 days, Emergency Medical Condition (EMC) evaluations can occur after that period, offering some flexibility when substantiating your claim.
Critical Step: Always report the accident through the Uber or Lyft app immediately after the crash. This ensures that the incident is formally recorded and triggers the applicable insurance coverage.
What happens if I miss the 14-day medical window?
Answer: Your claim for PIP benefits may be denied. However, this does not necessarily mean you have no options. You may still pursue other avenues for compensation, including claims against the at-fault driver or Uber’s liability coverage, depending on the circumstances.
For more detailed explanation, see our article on the Florida 14-day Accident Law.
How Ride-Share Accident Claims Work in Florida
Determining Fault and Liability
Ride-share accidents can involve multiple liable parties:
- The ride-share driver if they were negligent.
- The ride-share company under specific conditions related to insurance coverage and driver status.
- Third-party drivers if they contributed to or caused the accident.
Negligence issues frequently arise from driver distraction, poor vehicle maintenance, or illegal driving, such as operating without a valid license.
Understanding Insurance Layers
Florida ride-share accidents involve a complex web of insurance policies:
- Corporate insurance: Uber and Lyft provide coverage based on the driver’s activity within the app.
- Personal insurance: Applies only when the driver is offline.
Coverage gaps can emerge when drivers operate without proper commercial insurance or when their personal policy excludes ride-share activities, a scenario that is more common than many realize.
Many victims report that Uber has denied claims due to complex interpretations of Florida’s liability laws. This often leaves victims uncertain about their next steps.
Always gather driver and insurance information at the scene of the accident. This documentation is vital for determining which policies apply and for pursuing any potential claims.
The Role of PIP and Uninsured Motorist Coverage
Under Florida’s no-fault system, your own PIP coverage pays for initial medical expenses and lost wages, regardless of who caused the accident.
Once PIP is exhausted, you may pursue additional compensation through:
- The at-fault driver’s bodily injury (BI) coverage.
- The ride-share company’s uninsured/underinsured motorist coverage.
What if the at-fault party doesn’t have BI coverage?
Answer: If the accident occurred while the ride-share driver was en route to pick up a passenger or had a passenger onboard, Uber’s $1 million uninsured/underinsured motorist coverage may help bridge the gap. We’ll cover how to access this coverage later in the article.
When You Can Hold Uber or Lyft Directly Liable
In certain situations, Uber or Lyft may be held directly liable, though this is rare. Examples include cases where the company:
- Failed to properly vet a driver with a dangerous history.
- Neglected to enforce safety policies that could have prevented the accident.
However, pursuing direct liability is a challenge due to Uber’s legal defense that its drivers are independent contractors, not employees. This independent contractor status often shields the company from direct negligence claims.
Nonetheless, if gross negligence by the company can be proven, victims may pursue corporate fault claims in addition to insurance-based compensation.
What to Do After a Ride-Share Accident in Florida
- Prioritize safety and seek medical attention as soon as possible.
- Notify law enforcement to create an official accident report.
- Document everything: take photos of the scene, gather the ride-share driver’s information, and collect contact details of witnesses.
- Report the accident through the ride-share app to ensure that Uber or Lyft is notified and their insurance coverage is triggered.
Failing to take these steps can jeopardize your ability to secure compensation later.
For a complete checklist of post-accident steps, check out our guide: What to Do After a Car Accident in Florida.
Legal Help Is Crucial
Ride-share accident claims are highly complex, involving multiple insurance policies, comparative fault rules, and corporate legal defenses.
Some attorneys may decline cases where there are limited or no substantial insurance assets (“deep pockets”) to pursue.
Frequently Asked Questions About Ride-Share Accidents in Florida
What if neither the driver nor Uber accepts liability?
If neither the ride-share driver nor Uber accepts liability for your accident, you still have options. One avenue is to explore uninsured or underinsured motorist coverage available through your own auto policy or through Uber’s coverage, depending on the driver’s status at the time of the crash. You may also pursue a personal claim directly against the at-fault driver, if identifiable. Navigating these scenarios can be challenging, which is why working with an attorney who understands ride-share accident complexities is highly recommended.
Can I sue Uber directly?
Directly suing Uber is rare, but it can happen in cases involving company negligence or a failure in policy enforcement. For instance, if Uber neglected to perform a proper background check or failed to address known safety issues with a driver, it may be possible to bring a claim against the company. However, these cases are often legally intricate, requiring substantial evidence and skilled legal representation.
How does the corporate status of the driver affect me?
Uber and Lyft drivers are classified as independent contractors, not employees. This classification significantly limits Uber’s direct liability for the driver’s actions. However, it does not affect the insurance coverage available to you as a victim. Regardless of the driver’s employment status, Uber’s liability insurance could still apply based on the driver’s activity within the app at the time of the incident.
What if I’m from out of state?
Even if you are not a Florida resident, Florida’s laws apply to any accident occurring within the state. This includes the mandatory PIP coverage rules and the 14-day requirement for seeking medical treatment. Non-resident victims must adhere to these regulations to secure PIP benefits and protect their right to pursue additional compensation.
Navigating Florida Ride-Share Accidents
Florida’s laws surrounding ride-share accidents are layered and detailed, but with the right information and guidance, they can be successfully navigated. Knowing how insurance coverage applies, when Uber might be held responsible, and how comparative fault impacts your compensation is essential to protecting your rights.
Acting promptly is vital. From securing medical care within the required timeframe to reporting the accident and preserving evidence, each step influences the outcome of your claim and potential settlement.
Take Control After a Florida Ride-Share Accident
If you’ve been injured in a ride-share accident involving Uber or Lyft, you’re likely overwhelmed by confusing insurance policies, corporate defenses, and legal jargon that makes it difficult to know where to start. Navigating Florida’s complex ride-share accident laws alone could leave you undercompensated or even without any financial recovery.
How Applebaum Accident Group Can Help You Right Now
- We connect you with the right attorney: Our network of specialized attorneys knows exactly how to handle Uber and Lyft accident cases under Florida’s unique laws, including issues with PIP, uninsured motorist coverage, and complex liability disputes.
- We guide you to qualified medical care: Through our connection to TeleEMC, we help ensure you get the medical evaluations and treatments necessary to preserve your PIP benefits and strengthen your case.
- We streamline your recovery process: From navigating insurance coverage layers to ensuring your claim is filed correctly and promptly, we coordinate with top professionals to reduce your stress and maximize your compensation potential.
Your recovery is our priority. Applebaum Accident Group will put you in touch with the professionals who will fight for your rights and help you rebuild after your accident.
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