According to recent statistics, Florida ranks among the top states for rideshare accidents, as major cities like Miami, Orlando, and Tampa see heavy rideshare traffic. With so many rideshare vehicles on the road, accidents are inevitable. Whether you were a passenger, driver, or pedestrian, the injuries and damages sustained in a rideshare accident can have a lasting impact on your life. It's essential to know that rideshare companies like Uber and Lyft offer specific insurance policies to cover accidents, but navigating these claims can be confusing without professional legal guidance.
If you've been injured in an Uber or Lyft accident in Florida, it’s critical to understand your legal options. Pursuing compensation may involve negotiating with insurance adjusters, addressing complicated liability issues, and handling medical bills—all while focusing on your recovery. Brandon J. Broderick, Attorney at Law, has years of experience as a Florida Uber accident attorney and a proven history of success. Our honest, straightforward approach and unwavering commitment to our clients have established us as one of the top personal injury law firms in Florida. With our team by your side, you can focus on your recovery and spending time with your loved ones.
Below, we provide answers to some of the most frequently asked questions from those involved in rideshare accidents in Florida.
- Do I Need a Lawyer for an Uber or Lyft Accident in Florida?
- What Should I Do if I’m in an Accident With an Uber or Lyft in Florida?
- Who Is Liable in an Uber or Lyft Accident in Florida?
- What Insurance Coverage Applies in a Florida Uber or Lyft Accident?
- Can I Sue Uber or Lyft After an Accident in Florida?
- How Much Compensation Can I Get From an Uber or Lyft Accident Claim in Florida?
- What Is the Process for Filing a Claim After a Rideshare Accident in Florida?
- How to Report and File an Accident Report With Uber in Florida
- How Long Do I Have to File a Lawsuit After an Uber or Lyft Accident in Florida?
- Involved in an Uber Accident in Florida? The Law Offices of Brandon J. Broderick Can Assist You Today
Do I Need a Lawyer for an Uber or Lyft Accident in Florida?
Accidents are unpredictable by nature, and as a passenger in an Uber or Lyft, you likely never expect to be involved in one. However, if an accident does occur, the aftermath can be overwhelming as you recover from injuries while juggling financial responsibilities. At Brandon J. Broderick, Attorney at Law, we prioritize open communication and exceptional client service, ensuring you are informed every step of the way. We stand by your side, providing unwavering support to help you through this challenging time.
With Decades of Experience, We Handle Complex Negotiations and Court Proceedings
Ridesharing companies like Uber and Lyft often attempt to minimize their liability, offering low settlements or even refusing to pay, especially when victims lack legal representation. By hiring Brandon J. Broderick, Attorney at Law, you gain access to skilled Florida Uber accident attorneys who will gather evidence, speak with witnesses, and negotiate on your behalf to secure the compensation you deserve. You won’t need to communicate with Uber or the other party; our team will manage all interactions and, if necessary, take your case to trial and do everything possible to win.
Your Losses Should Be Fully Compensated
Severe injuries from auto accidents can lead to long-term medical care and financial burdens, especially if you are unable to work. If your injuries result in permanent disability or even temporary limitations that prevent you from enjoying life as you once did, you are entitled to compensation for all your losses, not just immediate medical expenses. At Brandon J. Broderick, our Florida Uber and rideshare accident attorneys are committed to fighting for the maximum possible settlement on your behalf.
What Should I Do if I’m in an Accident With an Uber or Lyft in Florida?
Being involved in an accident with an Uber or Lyft in Florida can be a confusing and stressful experience. Whether you're a passenger, driver, or another motorist, it’s essential to take the right steps to protect your health, rights, and potential claim for compensation. To ensure your safety and protect your legal rights, follow these steps after an accident in Florida:
1. Prioritize Safety and Seek Medical Attention
Immediately after the accident, check if anyone is injured and ensure that you are in a safe location. If possible, move to the side of the road to avoid further danger, but never leave the scene of the accident. Call 911 to report the accident and seek medical assistance for any injuries. Even if you feel fine initially, some injuries may not be apparent right away, so it’s important to get evaluated by a medical professional.
2. File a Police Report
In Florida, you are required to file a police report if the accident results in injury, death, or property damage exceeding $500. The police report serves as an official record of the accident and can be crucial for insurance claims. Be sure to obtain a copy of the report or the report number for future reference.
3. Document the Accident
While waiting for law enforcement to arrive, gather as much information as possible about the accident. This includes taking photos of the scene, vehicle damage, road conditions, and any visible injuries. Obtain contact information from all involved parties, including the Uber or Lyft driver, and note down their insurance details. If there are any witnesses, ask for their contact information as well, as they may be helpful in establishing fault.
4. Notify Uber, Lyft, and Your Insurance Company
After ensuring your immediate safety, report the accident to Uber or Lyft through their app. Both companies have accident reporting features that help initiate the insurance claims process. You should also contact your personal auto insurance company to notify them of the accident, even if you weren’t driving.
Who Is Liable in an Uber or Lyft Accident in Florida?
Determining liability in an Uber or Lyft accident in Florida can be more complicated than in typical car accidents due to the involvement of multiple parties and varying levels of insurance coverage. Liability often depends on who caused the accident, the rideshare driver's status at the time of the crash, and whether other drivers or third parties were involved.
Rideshare Driver Liability
If the Uber or Lyft driver caused the accident, their liability will depend on whether they were logged into the app and performing rideshare duties at the time of the crash. Rideshare companies provide varying levels of insurance coverage based on the driver’s status.
Liability of Other Drivers
If another driver causes the accident, their personal insurance policy will typically cover damages for injuries and property damage. In this case, Uber or Lyft’s insurance may not be relevant unless the at-fault driver is uninsured or underinsured. In such situations, Uber and Lyft’s uninsured/underinsured motorist coverage may step in to cover passenger injuries.
Rideshare Company Liability
In most cases, Uber and Lyft are not directly liable for accidents involving their drivers, as drivers are classified as independent contractors rather than employees. However, their insurance policies provide significant coverage when the driver is actively using the app. If the accident is caused by an issue related to the Uber or Lyft platform itself (such as a malfunction or technical error), the company may share liability, but this is rare.
Third-Party Liability
Other factors can contribute to an Uber or Lyft accident, such as poor road conditions, vehicle defects, or even pedestrian actions. In these cases, third parties, such as local governments or manufacturers, may share liability.
What Insurance Coverage Applies in a Florida Uber or Lyft Accident?
Rideshare services like Uber and Lyft have become a staple of transportation in Florida. However, as convenient as they are, accidents involving these vehicles raise specific concerns, especially around insurance coverage. Understanding the insurance requirements for Uber and Lyft drivers in Florida is essential for passengers, drivers, and those injured in accidents involving rideshare vehicles.
Florida’s Insurance Requirements for Uber and Lyft Drivers
In Florida, Uber and Lyft drivers are required by law to have specific insurance coverage that varies depending on their activity at the time of an accident. Both companies provide insurance policies for their drivers, but the coverage level changes based on whether the driver is waiting for a ride request, actively en route to pick up a passenger, or transporting passengers.
1. Driver Offline or Personal Use
When the rideshare driver is not using the Uber or Lyft app (i.e., they are driving for personal reasons), their personal auto insurance policy applies. Florida law requires all drivers to carry:
- Personal Injury Protection (PIP) of at least $10,000.
- Property Damage Liability (PDL) of at least $10,000.
However, the driver’s personal insurance may exclude coverage if the accident happens while they are driving for Uber or Lyft. That's why rideshare drivers are encouraged to purchase rideshare insurance policies to fill this gap.
2. Driver Waiting for a Ride Request (App On, No Passenger)
Once the Uber or Lyft app is on but no passenger is in the vehicle, the insurance coverage shifts to the following:
- Liability coverage: $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage.
At this stage, rideshare drivers’ personal insurance policies are no longer in effect, and Uber or Lyft’s contingent coverage kicks in. This means the companies’ insurance will apply if the driver’s personal insurance denies a claim or does not cover the full amount.
3. Driver En Route to Pick Up a Passenger or Transport Passengers
When the driver has accepted a ride and is either on their way to pick up a passenger or is actively transporting a passenger, Uber and Lyft provide higher levels of coverage:
- $1,000,000 in third-party liability coverage: This covers bodily injury and property damage to other people in the event of an accident caused by the rideshare driver.
- Uninsured/Underinsured Motorist (UM/UIM) coverage: This covers passengers if another driver causes the accident and does not have sufficient insurance.
- Contingent comprehensive and collision coverage: This applies if the driver carries comprehensive and collision coverage on their personal policy.
What Does This Mean for Passengers and Other Injured Parties?
If you are injured in an accident while riding in an Uber or Lyft vehicle in Florida, the available insurance coverage depends on the driver’s status at the time of the crash. If the driver was in "active service" (either transporting a passenger or on their way to pick one up), the $1 million liability policy and other protections will generally cover your damages.
However, if the driver was simply waiting for a ride request, the coverage is lower, and you may need to explore multiple sources of compensation, including your own personal insurance coverage if you were an involved party. Consulting with an Uber accident attorney in FL, such as Brandon J. Broderick, Attorney at Law, is recommended to ensure that your legal rights are protected.
Florida’s No-Fault Insurance Rules
Florida is a no-fault insurance state, which means that, in the event of an accident, your own Personal Injury Protection (PIP) insurance will cover your immediate medical expenses, regardless of who is at fault. All Florida drivers are required to carry a minimum of $10,000 in PIP coverage, which can help pay for medical bills and lost wages. However, PIP coverage may not be enough if you have significant injuries, which is where UM/UIM coverage from the rideshare company comes into play.
Can I Sue Uber or Lyft After an Accident in Florida?
While Uber and Lyft provide insurance coverage for accidents involving their drivers, determining when you can hold the company itself liable can be complicated. Here's what you need to know about suing Uber or Lyft after an accident in Florida.
Rideshare Drivers Are Independent Contractors
Uber and Lyft classify their drivers as independent contractors rather than employees. This distinction limits the circumstances under which you can directly sue the rideshare companies. Typically, employers are responsible for the actions of their employees under the legal doctrine of vicarious liability. However, since drivers are independent contractors, Uber and Lyft are generally not liable for accidents caused by their drivers.
Uber and Lyft provide significant insurance coverage to protect passengers, drivers, and others involved in an accident. In most cases, claims are handled through these insurance policies, not through direct lawsuits against the companies themselves.
Suing Uber or Lyft for Negligence
Although it is challenging to directly sue Uber or Lyft for an accident caused by one of their drivers, there are limited situations where you may be able to pursue a lawsuit against the company itself. These cases typically involve negligence on the part of Uber or Lyft, such as:
- Failure to properly vet drivers: If Uber or Lyft failed to perform adequate background checks on a driver who had a known history of dangerous driving or criminal behavior and that driver caused the accident, the company could potentially be held liable for negligence.
- Defective technology: If the accident was caused by a malfunction in the rideshare app or another piece of technology that Uber or Lyft is responsible for maintaining, you might have grounds for a lawsuit.
These types of lawsuits are very rare, as Uber and Lyft have comprehensive insurance policies that cover most accident-related claims. However, if you believe negligence on the part of the company played a role in the accident, consulting an attorney can help determine if you have a valid claim against Uber or Lyft.
How Much Compensation Can I Get From an Uber or Lyft Accident Claim in Florida?
The amount of compensation you can receive from an Uber or Lyft accident claim in Florida depends on several factors, including the severity of your injuries, the level of fault, and the insurance policies involved. While each case is unique, understanding the types of damages you can claim and how they are calculated can help you estimate potential compensation. Here’s a breakdown of what you might be able to recover after a rideshare accident in Florida.
Economic Damages
Economic damages cover the direct financial losses you suffer as a result of the accident. These losses are typically straightforward to calculate because they are tied to tangible expenses. Common economic damages in Uber or Lyft accident claims include:
- Medical Expenses: This includes both current and future medical costs, such as emergency room visits, surgeries, physical therapy, prescription medications, and ongoing medical care for severe injuries. In Florida, personal injury protection (PIP) insurance may cover some of your initial medical costs, but claims involving Uber or Lyft typically allow you to seek compensation beyond PIP limits.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income during your recovery period. If your injuries cause long-term disability or prevent you from returning to work at all, you can also seek compensation for future lost earning potential.
- Property Damage: If your vehicle or other personal property was damaged in the accident, you can claim the costs of repairs or replacement.
Non-Economic Damages
Non-economic damages are intended to compensate for the more subjective and intangible losses caused by the accident. These damages can be significant, especially if you suffered serious or long-term injuries. Common non-economic damages include:
- Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the accident. The amount awarded for pain and suffering can vary greatly depending on the severity and duration of your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you once loved or affect your ability to participate in daily life, you may be entitled to compensation for this loss.
- Permanent Disability or Disfigurement: If the accident resulted in a permanent injury or disfigurement, you may be able to recover compensation for the long-term effects on your quality of life.
Factors That Influence Compensation
The amount of compensation you can receive in an Uber or Lyft accident claim is influenced by several factors, including:
- Severity of Injuries: More severe injuries typically result in higher compensation, as they require more extensive medical treatment, longer recovery periods, and may have a lasting impact on your life.
- Degree of Fault: Florida follows a modified comparative negligence rule, which means that if you are found partially at fault for the accident, your compensation may be reduced in proportion to your percentage of fault. For example, if you are 20% at fault for the accident, your total compensation will be reduced by 20%.
- Insurance Coverage: Uber and Lyft provide up to $1 million in liability coverage for accidents that occur while a driver is actively transporting passengers or en route to pick up a rider. This includes compensation for both economic and non-economic damages. However, if the driver was not logged into the app at the time of the accident, their personal insurance policy will apply, which may have lower coverage limits.
Punitive Damages
In very rare cases, you may be able to seek punitive damages, which are intended to punish the at-fault party for particularly reckless or intentional behavior. While punitive damages are not available in every case, they can significantly increase the amount of compensation awarded.
What Is the Process for Filing a Claim After a Rideshare Accident in Florida?
If your damages exceed your PIP coverage, or if the accident was caused by the Uber or Lyft driver, you may need to file a claim with the rideshare company’s insurance. Uber and Lyft provide different levels of insurance coverage depending on the driver’s status at the time of the accident.
- Driver not logged into the app: The driver’s personal insurance applies.
- Driver logged into the app, waiting for a ride request: Uber and Lyft provide contingent liability coverage of $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
- Driver en route to pick up a passenger or transporting passengers: The rideshare company offers up to $1 million in liability coverage and uninsured/underinsured motorist (UM/UIM) coverage.
You will need to contact the rideshare company’s insurance provider to start the claims process. This may involve providing documentation such as medical bills, repair estimates, the police report, and any evidence you gathered at the scene.
Negotiate a Settlement
Once you’ve filed a claim, the insurance company will investigate the accident and assess your damages. It’s common for insurance companies to offer an initial settlement that may not fully cover your losses. Be prepared to negotiate for a fair settlement that reflects the true extent of your medical bills, lost wages, property damage, and pain and suffering.
At this stage, it’s beneficial to have an attorney who specializes in rideshare accidents review your case. They can help you determine if the offer is fair and negotiate on your behalf to secure the maximum compensation possible.
File a Lawsuit If Necessary
If negotiations with the insurance company fail to result in a fair settlement, you may need to file a lawsuit. An attorney can help you navigate this process and represent your interests in court, if necessary.
How to Report and File an Accident Report With Uber in Florida
If you’ve been involved in an accident while riding in or driving for Uber in Florida, it’s essential to report the incident promptly. Filing an accident report with Uber not only helps ensure that your injuries and damages are documented, but it also initiates the insurance claims process.
Report the Accident Through the Uber App
Once you’ve attended to immediate safety concerns and gathered the necessary information, it’s time to report the accident to Uber. Here’s how to file an accident report:
- Open the Uber App: If you are a passenger or driver, log into the Uber app.
- Go to Help: In the app’s main menu, navigate to the “Help” section.
- Select Trip Issues and Refunds: From the Help menu, choose the trip where the accident occurred.
- Report Safety Issue: Scroll down to the “Report a safety issue” option and select “I was involved in an accident.”
- Provide Details: Uber will prompt you to provide details about the accident, including the time, location, and any injuries or damages. Be as specific as possible and upload any relevant documentation, such as photos or the police report, to support your claim.
Once you’ve reported the accident through the app, Uber’s insurance provider may reach out to you to gather additional information or documentation. Be sure to keep all medical records, repair estimates, and other relevant paperwork organized for the claims process.
How Long Do I Have to File a Lawsuit After an Uber or Lyft Accident in Florida?
If you’ve been involved in an Uber or Lyft accident in Florida, it’s important to understand the time limits for filing a lawsuit. These time limits, known as the statute of limitations, determine how long you have to pursue legal action after the accident. Filing within this window is critical, as missing the deadline can result in losing your right to seek compensation for your injuries and damages.
The Statute of Limitations for Uber and Lyft Accidents in Florida
In Florida, the statute of limitations for filing a personal injury lawsuit after an Uber or Lyft accident is generally two years from the date of the accident. This two-year window applies to most personal injury claims, including those involving rideshare vehicles. If you do not file your lawsuit within this time frame, your case could be dismissed, and you may be barred from recovering any compensation for your injuries.
For example, if you were injured in a rideshare accident on January 1, 2024, you would have until January 1, 2026, to file a lawsuit. After that date, your right to sue would typically expire unless an exception applies.
Wrongful Death Claims: If a rideshare accident results in a fatality, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. This shorter timeframe requires immediate action by the victim’s family to ensure their right to seek compensation.
Exceptions to the Two-Year Rule
While two years is the standard time limit, there are certain circumstances in which the statute of limitations may be shorter or longer:
- Claims Involving Government Entities: If the accident involved a government vehicle or occurred due to dangerous road conditions maintained by a government entity, you may need to follow specific rules and shorter time limits, often as short as six months to one year, for filing a claim.
- Discovery Rule: In rare cases, if an injury from the accident is not immediately apparent or is discovered later, the statute of limitations may begin when the injury is discovered or should have reasonably been discovered. However, this is uncommon in Uber or Lyft accidents, where injuries are typically apparent shortly after the crash.
Before filing a lawsuit, you will likely go through the insurance claims process. Uber and Lyft provide insurance coverage for their drivers, but the amount and type of coverage depend on the driver’s status at the time of the accident. If you cannot settle your claim through insurance, it’s important to keep the two-year statute of limitations in mind when preparing to file a lawsuit.
Involved in an Uber Accident in Florida? The Law Offices of Brandon J. Broderick Can Assist You Today
The success of Brandon J. Broderick’s law firm is rooted in our compassionate approach to clients and their needs. This has earned us a reputation as one of Florida's most trusted Uber accident attorneys. With decades of experience in personal injury law, our attorneys are equipped to handle even the most challenging personal injury and accident cases, ensuring successful outcomes. We are dedicated to standing by our clients' sides, helping them recover after an injury.
We have multiple office locations across Florida. Don't face Uber or Lyft alone. We are always ready to assist you and your family. Contact us today for a free consultation. We look forward to working with you and providing the support you need.