Car Accidents
Florida’s no-fault rules, the 14-day treatment deadline, and claims against the at-fault driver.
Read more →Fla. Stat. § 627.748 · Transportation network companies
In a rideshare crash, how much insurance is available depends entirely on what the driver was doing at the moment of impact. The difference between periods can be hundreds of thousands of dollars.
Florida law sets minimum coverage for transportation network companies by app status, and this is the first thing to establish in any rideshare case.
The practical consequence is significant. The same collision can involve a modest personal policy or a million-dollar commercial policy depending on whether the driver had accepted a ride 30 seconds earlier.
Drivers do not always characterize their status accurately, and the rideshare companies control the data that settles the question. Trip records, GPS data, and driver logs establish precisely what the app was doing at the time of impact.
Obtaining that data typically requires formal preservation demands and, where necessary, subpoenas. It is one of the first steps in a rideshare case and one of the most important.
Uber and Lyft classify drivers as independent contractors, which they use to resist direct liability for a driver’s negligence. This is why the mandated insurance coverage, rather than a claim against the company itself, is normally the route to recovery.
There are exceptions. Claims for negligent hiring or retention may be available where a company put a driver on the road it should not have, though these face meaningful legal obstacles.
The analysis differs by role. Passengers are rarely at fault and typically have the most straightforward path to the $1,000,000 layer. Other motorists and pedestrians struck by a rideshare driver can access the same coverage if the driver was in an active period. Rideshare drivers themselves occupy the most complicated position, because personal policies commonly exclude commercial use and leave a gap unless the driver purchased a rideshare endorsement.
Florida’s PIP rules still apply throughout, including the 14-day treatment requirement and the injury threshold for pain and suffering damages.
Which insurance layer applies turns on the driver’s app status at the moment of the collision, so the trip record itself is central evidence. Driver name, vehicle, and trip details are all visible in the app in the hours afterward and become harder to reach later. An incident reported through the app creates a further record, and photographs of the scene and vehicles fill in the rest.
Florida’s 14-day PIP treatment requirement applies here as in any motor vehicle case. Requests for a recorded statement usually arrive well before any of this is settled, and there is no obligation to give one before speaking with a lawyer.
Questions we hear every week
When a driver is carrying a passenger, at least $1,000,000 in coverage applies. As a passenger you are almost never at fault, which generally makes liability the simpler part of the case.
You would pursue that driver’s liability coverage first. If it is insufficient, the rideshare policy’s uninsured and underinsured motorist coverage may apply during an active period.
It depends on the period and on whether your personal policy has a rideshare endorsement, since many personal policies exclude commercial use outright. This gap is the most common problem rideshare drivers encounter after a crash.
Yes. Florida’s no-fault requirements apply to rideshare crashes as they do to any other. Obtain medical care within 14 days or PIP benefits are unavailable.
Through the company’s trip and GPS records, obtained by preservation demand and subpoena where needed. Your own app screenshots and the police report help establish the timeline.
Florida’s no-fault rules, the 14-day treatment deadline, and claims against the at-fault driver.
Read more →Workers’ compensation plus third-party negligence claims for injuries on the jobsite.
Read more →Premises liability, where Florida requires proof the business knew of the hazard.
Read more →The first consultation is free. Call and talk directly with an attorney who has handled these cases in the Second Judicial Circuit of Florida for 23 years.