Uber & Lyft Accident Lawyer in Tampa

How Florida Rideshare Insurance Works

Florida Statutes Section 627.748 sets the insurance requirements for transportation network companies (TNCs) like Uber and Lyft. Which policy applies to your claim depends on what the driver was doing at the moment of the crash, specifically their status within the app. There are three distinct coverage tiers.

• App off: The driver’s personal auto insurance applies. The TNC has no coverage obligation.
• App on, no ride accepted: The TNC provides contingent liability coverage of $50,000 per person for death and bodily injury, $100,000 per incident for death and bodily injury, and $25,000 for property damage.
• Ride accepted or passenger in vehicle: The TNC’s $1 million commercial liability policy applies, covering death, bodily injury, and property damage.

Rideshare drivers are classified as independent contractors under Florida law. That classification limits direct corporate liability for a driver’s negligence, but it doesn’t eliminate access to the TNC’s insurance tiers. Determining app status at the moment of impact is therefore one of the first and most consequential steps in any rideshare injury claim.

Florida is a no-fault state, which means injured parties must first file a claim under their own personal injury protection (PIP) coverage. Rideshare passengers who lack PIP coverage may have a direct claim against the TNC’s insurer depending on the circumstances of their injuries. Uninsured and underinsured motorist (UM/UIM) coverage provided by the TNC may also apply when an at-fault third-party driver lacks sufficient insurance. Under Florida’s modified comparative negligence law, liability is assigned proportionally, but a claimant found to be more than 50% at fault is barred from recovering damages.

Damages Available in a Rideshare Accident Claim

Injured parties in a rideshare accident may be entitled to both economic and non-economic damages depending on the severity of their injuries and the specific facts of their case.

Economic Damages
These are measurable financial losses: current and future medical expenses, lost wages, reduced earning capacity, and property damage. They form the quantifiable foundation of most personal injury claims.

Non-Economic Damages
Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium are non-economic losses. They’re harder to quantify but can represent a significant portion of a seriously injured person’s recovery.

Wrongful Death Claims
When a rideshare accident results in a fatality, Florida wrongful death law may allow surviving family members to recover for funeral expenses, the decedent’s lost income, loss of companionship, and the decedent’s own pain and suffering prior to death.

The total amount recoverable depends on injury severity, available insurance coverage, documented financial losses, and whether the injuries cause permanent disability. Punitive damages are available only in limited circumstances where evidence shows deliberate misconduct or gross negligence.