From Orlando to Fort Lauderdale and everywhere in between, Florida residents have been using rideshare services such as Uber and Lyft for convenient travel.
Ridesharing services first emerged just over a decade ago and are especially popular among younger generations, who may call an Uber to avoid drinking and driving, as an alternative to taking a bus or taxi service.
Uber and Lyft rides are generally safe modes of transportation, but car accidents do occur in Florida regardless of how you travel.
If you’re a rideshare driver who’s suffered personal injury or property damage as a result of an auto accident, you may be entitled to compensation. More importantly, if you are a passenger in a Uber ride and suffer a car accident there are a few steps to be taken.
Florin|Roebig personal injury lawyers can help you file an injury claim, understand Florida law regarding rideshare accidents, and pursue compensation for losses resulting from the accident.
Are Passengers Covered For Florida Rideshare Accidents?
Passengers are protected in the event of an Uber or Lyft accident in Florida.
Transportation network companies (TNC) like Uber and Lyft are required to provide liability coverage for drivers in the event of an accident. Typically, this coverage begins from the time a rideshare driver pairs with you for a ride and is en route to pick you up. You are covered the entire ride, so if you were in a rideshare vehicle at the time of the accident and received injuries, you may be able to file a claim.
If you were hit by a Lyft or Uber driver while they are en route to a passenger or while giving a ride, you may also be able to file a claim. Speak with a Lyft or Uber accident lawyer to learn more about your legal options.
What To Do After Getting Into A Rideshare Accident In Florida
Despite the high use of rideshare services in Florida, you may be unaware of what to do if you or a loved one get into an accident. Determining whether you are liable for the accident and how to seek compensation for damages can be tricky. There are certain steps that can be crucial to take as soon as you’re able to get your bearings in order to help your case later on.
1. Seek Medical Attention For All Accident Victims
Your safety and that of your passengers (if relevant) should be the number one priority in the aftermath of an auto accident. If you or anyone else involved in the accident is injured or has fallen unconscious, call 9-1-1 for immediate medical treatment. This can be important for covering any medical expenses related to the accident through a personal injury claim — you have to have medical records in order to seek compensation for injuries.
2. Gather Information
Once you have assessed medical concerns, gather the personal and insurance information from all motorists involved in the accident, including your own insurance. This includes names, driver’s license numbers, information for insurance carriers, contact information, and license plate numbers.
3. Contact The Police
The state of Florida requires you to report any accident that involves bodily injury or property damage of $500 or more. Police officers can help you seek medical care and will be required to file an official accident report. The police report can be used as evidence should you decide to file a personal injury claim.
4. Take Photos Of The Accident Scene
While a police officer can take notes of important details once they arrive on scene, you may also want to record the accident scene before and after their arrival.
Details to record after a rideshare accident may include:
- Photos of the accident scene
- Time and location of the accident
- Screenshot of your ride status (within the Uber or Lyft apps)
- Any injuries
- Damage to other motorists, pedestrians, or property
- Witness testimony
5. Contact A Rideshare Accident Attorney
One of the most important calls you can make after getting in an Uber or Lyft accident is to an experienced rideshare accident attorney. You may choose to do this after calling the police, or before, in case you feel uncomfortable with the idea of speaking to the authorities alone. An Uber or Lyft accident lawyer can help you understand your legal rights. Don’t admit fault for the accident or provide a statement to a representative from your rideshare company before speaking to an attorney. This can complicate your case, should you choose to pursue compensation for personal injury or property damage.
6. File A Personal Injury Claim
The costs of getting into an accident can add up quickly, from ambulance costs to medical bills and car repairs.
Depending on the nature of your accident, you may be eligible to file a personal injury claim to seek compensation to cover accident-related damages.
A personal injury claim after a rideshare accident can help you cover medical costs not covered by your personal auto insurance or the rideshare insurance policy. It can also provide compensation for expenses resulting from the accident, such as lost wages, pain, and suffering, mental anguish, or projected treatment costs for serious or permanent injury.
What To Know About Uber And Lyft Services
Unlike traditional transportation services such as public buses and taxis, most rideshare services require the use of a digital application via a smartphone or laptop.
To use these services, you must register as a user of the respective app, enter payment information, and enter the location you wish to go.
As a state that doubles as a popular place to live and a major tourist attraction, Florida has a wide base of rideshare service users from both in and out of state.
Drivers for Uber and Lyft are required to follow company-specific insurance procedures before being able to transport passengers through the app.
They are also required to carry liability insurance because they are independent contractors, which means their auto insurance policy likely doesn’t cover business needs without adding this coverage.
Who Is Liable For An Uber Or Lyft Accident In Florida?
Under Florida law, Uber and Lyft drivers are subject to rideshare-specific regulatory processes when it comes to determining liability in an accident.
How liability in rideshare accidents are handled can depend on:
- Whether you were logged into the rideshare app and waiting for ride requests when the accident occurred
- Whether you had passengers in your car
- Whether you were the at-fault driver
The status of a ride impacts the amount of coverage drivers are eligible for, as detailed further by the rideshare company’s policy.
This can play a role in a rideshare driver’s liability for resulting personal injury and property damage costs.
The best way to understand who can be held liable for a rideshare accident is to consult a skilled Uber or Lyft accident attorney.
How Uber And Lyft May Attempt to Deny Your Accident Injury Claim
When involved in a rideshare accident in Florida, victims often encounter significant challenges in securing compensation from Uber and Lyft. These companies employ various tactics to minimize or deny claims, but Florin|Roebig is adept at countering these strategies to ensure victims receive the compensation they deserve. Here’s a breakdown of what Uber and Lyft might do to avoid paying a claim and how Florin|Roebig combats these tactics:
- Denying Liability: Uber and Lyft might argue that the driver was not logged into the app or actively working when the accident occurred, thereby denying liability. They may claim the driver was off-duty or the accident did not occur during an active ride.
Florin|Roebig’s Approach: Florin|Roebig conducts a thorough investigation to establish the driver’s status at the time of the accident. By obtaining app activity logs, GPS data, and eyewitness accounts, the firm can demonstrate that the driver was indeed working for the rideshare company, thereby holding them liable. - Disputing Coverage: The companies may assert that their insurance coverage does not apply if the driver was in between rides, pushing the responsibility onto the driver’s personal insurance.
Florin|Roebig’s Approach: Florin|Roebig carefully reviews the insurance policies of both the driver and the rideshare company. They leverage their deep understanding of Florida’s rideshare insurance laws to argue that the rideshare company’s policy should cover the incident, especially if the driver was logged into the app and available for rides. - Downplaying Injuries: Insurance adjusters may try to minimize the severity of injuries, arguing that they are pre-existing or that the medical treatment sought was unnecessary.
Florin|Roebig’s Approach: Florin|Roebig works closely with medical experts to document the full extent of the injuries and necessary treatments. They compile comprehensive medical records and expert testimonies to counter any attempts to downplay the injuries and ensure that the victim’s medical expenses and future care needs are fully covered. - Delaying Tactics: Uber and Lyft might use delaying tactics to frustrate claimants, hoping they will settle for a lower amount or abandon the claim altogether.
Florin|Roebig’s Approach: Florin|Roebig uses their extensive experience to expedite the claims process. They maintain constant pressure on the insurance companies by adhering to strict timelines and are prepared to file a lawsuit if necessary. Their proactive and persistent approach ensures that delays do not undermine the victim’s ability to receive timely compensation.
Florin|Roebig effectively counters the tactics used by Uber and Lyft to avoid paying claims. Their meticulous evidence collection, expert consultations, and strategic litigation ensure that their clients in Florida receive the highest possible settlements or jury verdicts, enabling them to recover and move forward with their lives.
Florida Rideshare Accident Laws
In Florida, rideshare companies are regulated through the state’s “Uber/Lyft” bill, formally known as House Bill 221, which was signed into law in May 2017.
House Bill 221 details multiple requirements for rideshare drivers and their transportation network companies.
One of these requirements details minimum insurance coverage requirements for rideshare drivers who are logged into the app or transporting passengers.
This creates an important distinction for insurance requirements based on whether a rideshare driver is using their vehicle for personal use or for business.
It is due to this distinction that both Lyft and Uber require a driver’s personal insurance policy in addition to the company’s plan.
Drivers who are not using their vehicle for ridesharing at the time of an accident are not eligible for Uber or Lyft’s company insurance coverage.
Statute Of Limitations On Rideshare Accident Claims
The statute of limitations on rideshare accident claims refers to the amount of time a driver has to begin legal action after getting into an accident.
There is a four-year statute of limitations for personal injury cases, which includes injuries sustained as a result of an Uber or Lyft accident.
Florida Insurance Requirements For Rideshare Services
Uber and Lyft both require their drivers to carry personal auto insurance.
However, they also provide their drivers with company insurance coverage for accidents that occur while drivers are using their vehicles for ridesharing purposes.
Each company carries $1 million insurance protection for their drivers in the event of an accident, as long as the driver was:
- Actively logged into the app and waiting for a ride request
- On their way to pick up a passenger
- Transporting a passenger
Florida’s minimum insurance coverage requirements for rideshare drivers are as follows:
- $25,000 in property damages
- $50,000 in death and bodily injury per person
- $100,000 in bodily injury per accident
- Personal injury protection (PIP) insurance and uninsured/underinsured motorist (UIM) coverage as required by existing Florida law
The above applies to drivers who are either actively waiting for ride requests or are on their way to pick up a passenger.
For Uber/Lyft drivers who are carrying passengers in their vehicle:
- $1 million liability coverage for bodily injury, property damage, and death
- PIP and UIM coverage as required by existing Florida law
The above coverage is required from the moment a passenger enters the rideshare vehicle to the moment they depart.
How Rideshare Accidents Are Handled In Florida
Individuals who drive for Uber and Lyft are regarded by Florida law differently than other transportation service drivers.
Under Florida law, Uber and Lyft drivers are subject to rideshare-specific regulatory processes when it comes to determining liability in an accident. These regulatory laws vary by state.
In Florida, how rideshare accidents are handled can depend on:
- whether you were logged into the rideshare app and waiting for ride requests when the accident occurred
- whether you had passengers in your car
- whether you are determined to be at fault for the accident
Drivers for Uber and Lyft are required to follow company-specific insurance procedures before being able to transport passengers through the app. This information should have been relayed to you during your initial onboarding process.
Uber and Lyft both require their drivers to carry personal auto insurance. However, they also provide their drivers with company insurance coverage plans for accidents that occur while drivers are using their vehicles for ridesharing purposes.
Each company carries $1 million insurance protection for their drivers in the event of an accident, as long as the driver was:
- actively logged into the app and waiting for a ride request
- on their way to pick up a passenger
- transporting a passenger
It’s important to note that the status of a ride—e.g. waiting for a request, driving a passenger—has an impact on the amount of coverage drivers are eligible for, as detailed further by your rideshare company’s policy. This can play a role in your liability for covering resulting personal injury and property damage costs.
If you’re confused by this information, you’re not alone. Determining personal liability in a rideshare accident can be tricky. The best way to get accurate information about your eligibility for legal action after a rideshare accident is to consult with a skilled rideshare attorney.
Our Featured Case Results
Difference Between Rideshare Services And Taxis
Rideshare services may appear to be very similar to traditional taxi services, but there are actually some very important ways in which they differ.
The most notable differences between taxis and rideshare services include:
- Employment and vehicle classifications
- Auto insurance requirements
- Training
- Cost
- How each service is accessed
How Are Taxis Different From Uber Or Lyft Rides?
Uber and Lyft drivers are classified as self-employed independent contractors rather than full- or part-time employees of their respective companies.
This distinction impacts how drivers file their taxes, their eligibility for employee benefits (none, for self-employed), and their liability should they get into an accident.
In addition, rideshare drivers use their own vehicles — which are recognized by Florida law as personal, noncommercial vehicles.
Uber and Lyft drivers are also offered very little in the way of training compared to taxi drivers.
According to several current and former drivers, training for new Uber and Lyft contractors can consist of as little as a short video outlining basic rules and regulations.
In contrast, most taxi services:
- Require drivers to pass certain background checks
- Require more training
- Operate through a different payment system
- Use commercial vehicles
Ridesharing Vs. Taxis: Is One Safer Than The Other?
Not necessarily. Both rideshare and taxi drivers have been involved in traffic accidents.
What To Know If You Are A Lyft Or Uber Driver In A Rideshare Accident
If you’re a Florida Uber or Lyft driver and you get into an accident while logged into your company app, you may be eligible for personal injury and property damage compensation with the rideshare company’s insurance.
Should your rideshare company or your insurance company refuse to cover damages, you may be able to start a personal injury lawsuit to seek compensation instead.
Can Uber/Lyft Drivers Be Fired For Filing A Rideshare Accident Claim?
Drivers for TNCs may worry about how their job can be affected if they file an insurance claim against their company.
If this is a concern you share, let us set the record straight: you cannot be penalized for bringing a valid injury claim under your rideshare company’s insurance policy.
At Florin|Roebig, our attorneys can offer you a free initial consultation to discuss your legal options based on the details of your accident.
Rideshare Accident Rates In Florida
According to a 2019 study conducted by the University of Chicago and Rice University, the rise of ridesharing services since 2011 is accompanied by a 3 percent increase in overall traffic deaths in the United States.
In Florida’s cities, where ridesharing services thrive the most, Uber and Lyft drivers may be at an even greater risk for accidents.
Tips On Choosing A Florida Rideshare Accident Attorney
Having the right attorney when filing a rideshare accident claim can make an enormous difference in helping you get a fair settlement for damages.
What should you look for when choosing a Florida rideshare attorney?
Look For Experience
Rideshare accidents are subject to different regulations than your typical motor vehicle accident, and thus can require a particular skill set.
As you’re searching for a personal injury attorney, make sure they have experience in rideshare accident personal injury law.
This can provide you with the best chance at receiving compensation for your losses.
Ask For References
Asking an attorney for references from their former clients can be one of the best ways to get an accurate picture of an attorney’s trustworthiness and track record.
It can also provide insight into the type of experience you can expect to have with them, as far as their communication skills and personal attitude when working with clients.
Florida Rideshare Accident FAQs
Do you still have questions about rideshare accident claims in Florida? Find answers to common questions below.
How Do I Get Compensation For Injuries After A Rideshare Accident In Florida?
The surest way to get compensation for a bodily injury or property damage after an Uber or Lyft accident is to start a personal injury case.
Most of the time, these cases reach an agreeable settlement out of court.
If you and the insurance companies cannot reach an agreement, you may have to pursue an injury lawsuit to seek compensation.
How Much Does It Cost To Work With A Florida Rideshare Lawyer?
The answer to this depends on the lawyer you choose. If you choose a law firm that works on a contingency fee basis, like the Florin|Roebig legal team, it will cost you nothing upfront.
In fact, contingency-based lawyers only receive payment if you win your case. In general, personal injury lawyers charge a percentage, deducted from your claim payout.
How Much Is An Average Rideshare Accident Settlement?
The amount you’ll receive for a Lyft or Uber accident settlement depends on a range of factors.
These can include the extent of your injuries, the total recovery time, whether you’ll make a full recovery if you can return to work, and others. Is Hiring A Lyft Or Uber Accident Lawyer Worth It?
You can file your rideshare accident claim on your own, but working with a lawyer provides many advantages.
When you hire a competent lawyer, you’ll have someone to communicate with insurance companies on your behalf, represent your interests, and help break down complex legal terms in a way you can understand. The best rideshare accident attorneys will work hard to build a solid case and won’t be intimidated by insurance adjusters, working ceaselessly to help you secure a fair settlement offer.
List Of Rideshare (Uber/Lyft) Accident Attorneys In Florida
Florin|Roebig is Florida’s premier personal injury law firm, housing a team of attorneys who possess unmatchable skills in providing successful legal representation for Florida residents.
With extensive experience in handling rideshare accident cases for individuals in Florida, our attorneys have the necessary expertise to help you file a strong personal injury claim and secure a fair settlement.
Rideshare accident attorneys of Florin|Roebig in Florida include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Find A High-Quality Rideshare Accident Attorney In Florida
With offices located in Palm Harbor, West Palm Beach, Fort Myers, Key West, and Jacksonville, Florida, our attorneys are widely available to help you secure a fair settlement after a rideshare accident.
Call us today to schedule a free case evaluation with one of our top rideshare accident attorneys in Florida.
