With the rapid growth of Uber and Lyft vehicles across Florida, the likelihood of being involved in an accident with a rideshare driver has increased—whether you’re a passenger in the vehicle or driving your own car and being hit by a rideshare driver. Uber and Lyft do not have strict guidelines for becoming a driver with their companies, sometimes only requiring one year of driving experience.
Dealing with an insurance claim after an accident can be difficult, but the situation is more complicated when it involves a rideshare company. These highly profitable businesses are protected by their insurance companies and defense lawyers, making it harder for car accident victims to recover the compensation they deserve after being injured by someone’s negligence.
You might be confused about whether you can file an Uber accident claim, who is responsible for your damages, and how much insurance coverage is available. Below, we discuss how to make an Uber/Lyft insurance claim in Florida.
Insurance Depends on When the Accident Occurs During the Transaction
The first thing to understand about rideshare insurance claims is that the insurance that applies depends on when the accident occurred during the rideshare transaction. Three scenarios could apply:
The App Is Off
All Uber and Lyft drivers are required to carry personal auto insurance just like any other driver. As part of the no-fault rules in Florida, all drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) coverage. PIP insurance covers your medical expenses, regardless of who is at fault. PDL coverage pays for the property damage you cause someone else due to your negligence. The driver’s personal policy applies when the driver does not have the rideshare app turned on.
The App Is On, But There Is No Passenger
If the driver is active on the app and waiting for a passenger, the next level of coverage applies. According to Florida law, during this stage in the transaction, insurance minimum limits during this period include:
- $50,000 of bodily injury per person
- $100,000 of bodily injury per accident
- $25,000 for property damage per accident
This is liability coverage, so it can cover you if you are injured, whether you are a passenger, another motorist, pedestrian, or bicyclist injured by the Uber driver.
The Driver Has Accepted a Ride Request
Once the driver is matched with a passenger or actively transporting a passenger, Florida law requires that the driver is covered by at least $1 million in liability coverage for bodily injury, death, and property damage. Additionally, the driver must have PIP benefits equal to those required of limousine drivers, as well as uninsured motorist coverage and underinsured motorist coverage.
Starting the Uber and Lyft Insurance Claim Process
If you are a passenger in an Uber or Lyft vehicle that was involved in an accident, you can begin the insurance claim process from the app. Go to the “Help” section on the app and look for an option to report an accident. Keep the information brief, and take screenshots to save for your records.
Why It’s Important to Work with an Experienced Uber/Lyft Driver
Uber and Lyft insurance claims can be difficult to navigate because multiple parties and insurance policies may be involved. The driver’s personal auto insurance provider may deny liability for the accident by claiming they were driving for the rideshare company, while the rideshare company might try to deny liability, claiming the driver is an independent contractor, not an employee. An experienced lawyer can explain how to file an Uber or Lyft insurance claim and the losses you can request.
In some cases, Uber or Lyft might try to state that there was no passenger in the vehicle, so only the $50,000/$100,000 liability insurance policy applies. A knowledgeable rideshare accident lawyer can demand the ride history data log from the insurance carrier so the rideshare company has to prove there was no passenger. Uber and Lyft insurance carriers might refuse to provide this history, which can be a red flag that indicates they know there was a passenger but are trying to hide this fact to avoid the $1 million insurance coverage that applies. A personal injury law firm can file a lawsuit to enforce the disclosure of the log and seek maximum compensation under the applicable insurance.
An experienced lawyer can present evidence to prove liability and the full extent of your damages.
Financial Compensation You Can Request in an Uber Accident Claim
If a rideshare driver was responsible for your injuries, you may be able to request various financial losses you suffered because of the accident. This could include compensation for economic damages and non-economic damages.
Economic damages pay for out-of-pocket expenses you incurred because of the accident, such as:
- Current and future medical expenses
- Lost wages for time you missed due to your injury and future lost wages for future medical treatments and rehabilitation
- Reduced earning capacity if you can no longer work or work in the same capacity
- Property damage repair costs
You could also qualify for payment for non-economic damages. These are designed to compensate you for losses such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Reduced quality of life
A lawyer can help gather documentation to establish the value of all of your losses.
Our Experienced Uber/Lyft Attorneys Can Help with Your Accident Claims
If you were injured in a rideshare accident–whether you were in another vehicle or a passenger in the rideshare vehicle–you need an experienced Uber lawyer. Roman Austin Personal Injury Lawyers has the knowledge and experience to handle all aspects of your rideshare claim capably. We can help you navigate the claim process, explain the damages you can request, and handle communication with insurance companies. We safeguard your rights and fight for maximum compensation. Contact us today at (727) 787-2500 for a free case review.