TL;DR
- Florida sets different insurance requirements for rideshare drivers depending on whether the app is off, the driver is logged in and waiting, or a ride is in progress.
- During a ride that has been accepted and is still underway, the required liability coverage is $1 million. While the driver is logged in and no ride has been accepted, the minimum is $50,000 per person and $100,000 per incident.
- Your own PIP coverage is usually the first source of payment for medical bills and lost income after a crash, whoever caused it.
- Find out the driver's app status right away. It decides which policy applies, and the law requires the driver to disclose it after a crash.
- The trip receipt, screenshots, and driver details are strong evidence. Save them before the app updates.
- If you are found more than 50 percent at fault for your own harm, Florida law generally bars recovery.
Holiday travel means more airport pickups, restaurant rides, and late-night trips home, and in Miami-Dade a lot of those trips happen in an Uber or Lyft. If you were hurt in one, the first question is not just who caused the crash, but which insurance policy is supposed to pay.
This guide is for rideshare passengers, drivers of other vehicles, pedestrians and cyclists, and rideshare drivers themselves. It explains how Florida's rideshare insurance rules work, what evidence to save, and when to speak with a lawyer.
Why Rideshare Crashes Are Different
A normal car crash involves two drivers and two insurers. A rideshare crash can involve the rideshare driver's personal insurer, the rideshare company's insurer, the other driver's insurer, and your own PIP and uninsured motorist coverage. Each one may argue that someone else should pay first.
Florida's rideshare law, Florida Statute 627.748, sets the ground rules. It was written to bring uniform insurance requirements to rideshare companies, called transportation network companies, and their drivers. The coverage that applies depends on one fact above all: what the driver was doing in the app when the crash happened.
The Three Phases of Rideshare Coverage
Phase 1: The app is off. The driver is using the car like any other private driver, and the ordinary rules for a personal auto policy apply.
Phase 2: The driver is logged in but has not accepted a ride. The statute requires primary auto liability coverage of at least $50,000 for death and bodily injury per person, $100,000 per incident, and $25,000 for property damage. PIP benefits at the required minimums and uninsured and underinsured motorist coverage as required by Florida law also apply. These requirements can be met by the driver's insurance, the company's insurance, or a combination of both.
Phase 3: A ride is in progress. A prearranged ride begins when the driver accepts a request and continues until the last passenger exits the vehicle. During that time, the required liability coverage rises to $1 million for death, bodily injury, and property damage, along with PIP and uninsured and underinsured motorist coverage.
The statute adds two protections worth knowing. If the driver's own insurance has lapsed or does not provide the required coverage, the company's insurance must provide it from the first dollar of the claim and has the duty to defend. And coverage under the company's policy cannot depend on the driver's personal insurer denying the claim first.
If You Were a Passenger
Passengers usually have the most protection in a rideshare crash, but it still has to be claimed correctly. Start with PIP. Florida's PIP statute covers passengers in the vehicle, with up to $10,000 in medical and disability benefits, reimbursing 80 percent of reasonable medical expenses and 60 percent of lost income. Medical benefits require initial care within 14 days of the crash.
Beyond PIP, a passenger can generally make a claim against the at-fault driver's liability coverage. If the rideshare driver caused the crash during an active ride, the $1 million tier is the key coverage. If another driver caused it, that driver's insurance is the first target, and uninsured or underinsured motorist coverage may matter if the policy is too small or missing. Our post on stacking uninsured and underinsured motorist coverage in Florida explains how those policies can add up.
If You Were Another Driver, a Pedestrian, or a Cyclist
When a rideshare vehicle hits you, ask one question at the scene: was the app on, and had the driver accepted a ride request? The statute requires the driver to give insurance information to anyone directly involved and to disclose, on request, whether he or she was logged in or engaged in a prearranged ride.
The answer sets the liability limit that applies to your claim. A pedestrian hit near a busy pickup zone also has PIP and fault issues to sort out, which we cover in our guide to pedestrian accidents in Miami.
If You Drive for Uber or Lyft
Drivers hurt in a crash face the hardest questions. Florida law allows personal auto insurers to exclude coverage while a driver is logged in to the app or on a ride, so the driver's own policy may not respond. The company must carry coverage that fits the phase of the trip, and the company must disclose to the driver in writing what it covers and that the driver's personal policy might not.
Collect your personal policy, any rideshare endorsement, and the company's coverage disclosures. Before giving a recorded statement to an insurer handling a liability claim against another party, understand your rights. If you seek benefits under a policy, comply with its lawful notice and cooperation requirements, including any properly required examination under oath. Get prompt legal advice about the request.
Can You Sue the Rideshare Company?
Often the claim runs through the insurance the company must carry. Under the statute, a driver is treated as an independent contractor when certain conditions are met, and a company is not vicariously liable simply for operating the digital network or being affiliated with the driver if it has no negligence of its own, has met its obligations, and does not own the vehicle. The statute also says it does not extinguish other claims available under common law or other statutes.
Each case depends on its facts: who caused the crash, what the driver was doing, and whether the company did something wrong beyond running the app. That is a question for a lawyer, not an adjuster.
Evidence Unique to Rideshare Crashes
Rideshare apps create a digital record that ordinary crashes do not have. Before the app updates or the account changes, save:
- The trip receipt. The company must send an electronic receipt listing the origin, destination, time, distance, and fare.
- Screenshots of the ride. The statute requires the app to show the driver's photo and the vehicle's license plate before you enter the car.
- Messages with the driver. Texts and in-app messages can show distraction, delays, or last-minute changes.
- The company's log-on records. In a coverage investigation, the company must provide, on request, the precise times the driver logged on and off the network in the 12 hours before and the 12 hours after the crash.
- Standard crash evidence. Photos of vehicles and the scene, witness contacts, and the police report.
Impairment is another issue. Florida requires rideshare companies to maintain a zero-tolerance policy on drugs and alcohol, and to suspend a driver during an investigation after a rider's complaint. If you suspect your driver was impaired, report it to the company and tell the officer at the scene.
How Fault Works in Rideshare Cases
Fault still matters. Under Florida Statute 768.81, damages are divided by percentage of fault and reduced by your share. A party found more than 50 percent at fault for his or her own harm may not recover damages in a negligence action.
Passengers are rarely at fault. A pedestrian, cyclist, or other driver might be, and the company's insurer will look for any argument that shifts the percentage.
What to Do After a Rideshare Accident
- Get medical help. Call 911. Get qualifying initial medical care within 14 days to preserve eligibility for PIP medical benefits.
- Photograph the vehicles, the scene, and your injuries.
- Ask about the app. Was the driver logged in? Had the driver accepted a ride request? Write down the answer and the time.
- Get insurance information. Request it from every driver involved.
- Save your trip receipt and screenshots.
- Before giving a recorded statement to an insurer handling a liability claim against another party, understand your rights. If you seek benefits under a policy, comply with its lawful notice and cooperation requirements, including any properly required examination under oath. Get prompt legal advice about the request.
- Report the crash in the app. Companies offer in-app reporting, but a report to the company is not the same as a claim.
- Talk to a lawyer early. Florida has strict filing deadlines for injury claims, and rideshare cases involve multiple insurers.
When to Call a Lawyer
At JDLE Lawyers, our bilingual team handles car accident claims across Miami-Dade, including Hialeah, Doral, Kendall, and Coral Gables. You can read more about our Miami car accident lawyers or browse our common injury questions.
The consultation is free. Schedule yours online or call (305) 363-7855. We will help you work out which policies apply, protect the evidence, and handle the insurers while you focus on recovery, in English or Spanish.
Frequently Asked Questions
Who pays if I am a passenger hurt in an Uber or Lyft crash?
Several policies can apply. Your medical bills usually start with PIP, and the rideshare liability coverage that Florida requires during an active ride is $1 million under Florida Statute 627.748. A lawyer can sort out which insurer is responsible for which part of your losses.
Does Uber or Lyft insurance apply if the app was on but I had not been picked up yet?
Yes, but the tier depends on whether the driver had accepted a ride request. Before acceptance, a logged-in driver must have at least $50,000 per person and $100,000 per incident in bodily injury liability, plus $25,000 for property damage. Once the driver accepts a request, the required primary liability coverage is at least $1 million, even before pickup.
What if the rideshare driver caused the crash and I was in another car?
You can generally make a claim against the rideshare driver's liability coverage, which depends on the driver's app status at the moment of impact. Get the driver's insurance information, and ask whether the app was on or a ride was in progress.
I drive for Uber or Lyft and was hurt. Who covers me?
It depends on your app status and on your personal policy. Florida law lets personal auto insurers exclude coverage while a driver is logged in or on a ride, so many drivers rely on the company's coverage. Get the policies reviewed before you assume what is or is not covered.
Can I sue Uber or Lyft directly?
Florida law limits when a rideshare company can be held vicariously liable for a driver's conduct, and drivers are generally treated as independent contractors. That does not end every claim against a company, and the insurance the company must carry is often the main source of recovery. A lawyer can evaluate your facts.
How do I prove I was in a rideshare vehicle?
Save your trip receipt, take screenshots of the ride and the driver's photo and plate, and keep any messages with the driver. Florida requires the company to show the driver's photo and license plate before the ride and to send an electronic receipt afterward.
Does comparative fault apply to rideshare accidents?
Yes. Under Florida's comparative fault law, your damages are reduced by your share of fault, and a party found more than 50 percent at fault for his or her own harm generally recovers nothing. A passenger is rarely at fault, but a driver or pedestrian in a rideshare case might be.