Rideshare services like Uber and Lyft have become increasingly popular for their convenience and affordability. However, rideshare accidents can result in complicated legal situations, leaving many victims uncertain about who is responsible for their damages. If you’re a car accident victim in Florida and seeking clarity on rideshare liability, this guide will help you understand your options and rights.
Understanding Liability in Rideshare Accidents
Florida law operates under a no-fault insurance system, which requires all drivers (including passengers) to rely on their Personal Injury Protection (PIP) insurance for initial medical treatment and lost wages after an accident. However, when significant injuries or damages exceed PIP coverage, determining liability becomes crucial.
Who Can Be Held Liable?
Liability for a rideshare accident depends on who caused the crash and the status of the rideshare driver at the time of the incident. Here’s a breakdown of the parties that could be held responsible:
1. The Rideshare Driver
Rideshare drivers are considered independent contractors, not employees of companies like Uber or Lyft. This distinction affects liability, as drivers must maintain their own auto insurance policies. However, whether the rideshare company provides additional coverage depends on the driver’s actions during the incident:
- Not Logged into the App: If the rideshare driver isn’t using the rideshare app at the time of the accident, their personal insurance policy applies.
- Logged into the App but No Passengers: Rideshare companies like Uber and Lyft typically offer limited liability coverage when drivers are waiting for ride requests. This coverage includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
- Transporting a Passenger or En Route to Pick One Up: When the driver is carrying a passenger or actively heading to pick one up, Uber and Lyft provide extended coverage, including $1 million for third-party liability and uninsured/underinsured motorist coverage.
2. Another Driver
If another driver caused the rideshare accident, their insurance would typically cover the damages. However, if their insurance limits are insufficient or they’re uninsured, the rideshare company’s uninsured/underinsured motorist coverage may come into play.
3. The Rideshare Company
Although companies like Uber and Lyft maintain commercial insurance policies, they often attempt to avoid direct liability by classifying drivers as independent contractors. However, in certain circumstances, the rideshare company itself can be held liable, such as:
- Failing to vet drivers adequately through background checks
- Negligently allowing drivers with a history of unsafe behavior to operate under their platform
Steps to Take After a Rideshare Accident in Florida
If you’ve been in a rideshare accident, taking these steps will protect your wellbeing and strengthen your claim:
- Seek Medical Attention - Even minor injuries can worsen over time. Consult a healthcare provider immediately for an evaluation.
- Contact Law Enforcement - File a police report to document the accident, which can serve as crucial evidence later.
- Document the Scene - Take photos of the vehicles, injuries, and surroundings. Collect contact information from all parties involved, including witnesses.
- Report the Incident to the Rideshare Company - Both Uber and Lyft have in-app reporting features to notify them of the accident.
- Consult an Experienced Attorney - Navigating the complexities of rideshare liability can be challenging. A knowledgeable attorney can help build a strong case and ensure you receive the compensation you deserve.
Get Help From Tampa Motor Vehicle Accident Attorneys
Rideshare accident claims require an in-depth understanding of insurance policies, state laws, and rideshare company procedures. At Burnett Law, we have over 20 years of experience fighting for injury victims in Florida, including motor vehicle accidents. Our compassionate team is dedicated to helping victims recover compensation for medical expenses, lost wages, pain and suffering, and more.
If you’re feeling overwhelmed after a rideshare accident, you don’t have to face the challenges alone. We’re here to guide you every step of the way.
Contact us today at (813) 491-8272 for a free consultation and take the first step toward securing the compensation you need to move forward.