Hurt in a Fort Lauderdale Uber or Lyft Rear-End Crash? How Insurance Coverage Really Works

Rideshare services like Uber and Lyft can be found throughout Fort Lauderdale, but when drivers are injured in rear-end collisions with these independent contractors, how does insurance coverage work?

Our Fort Lauderdale rideshare accident lawyers discuss the claims process for these types of accidents. As the victim, you can seek compensation for your injuries and losses. Keep reading to learn more.

Using Your Personal Injury Protection (PIP) After an Uber Accident in Florida

Florida is a no-fault state for auto insurance. Under this system, you are required by Florida law to purchase a personal injury protection (PIP) policy. You would seek coverage for your injuries and losses through this policy first. It covers you regardless of fault. It does have limits, though. It provides coverage for the following:

• 80% of your “necessary” medical bills
• 60% of lost wages
• $5,000 in death benefits if you lost a loved one

This coverage is available to the drivers, their passengers, and in some cases, pedestrians and bicyclists. These policies are typically limited to $10,000, the minimum policy coverage under the law.

Also, you are unable to file a lawsuit under PIP, nor can you collect such non-economic damages as pain and suffering.

Rear-End Crashes: Presumption of Fault

The next issue is the accident itself. In Florida, the rear driver is usually presumed at fault in a rear-end collision. Insurers can challenge this presumption, claiming such defenses as the driver ahead suddenly stopped or their brake lights were out.

The rear driver’s bodily injury liability insurance can be sought once PIP is exhausted, but certain conditions must be met.

Which Insurance Applies Depends on the Uber/Lyft Driver’s Status

The next thing to consider is the rideshare driver’s status on the app at the time of the accident. Their status affects which Fort Lauderdale rideshare accident insurance policies are affected.

Uber and Lyft use tiered insurance coverage based on what the driver was doing at the moment of impact.

App Is OFF

When the app is off, only the driver’s personal auto insurance applies. Uber and Lyft provide no coverage in the event of an accident.

App Is ON and Waiting for a Ride Request

When the driver is on the app but has not yet accepted a customer, Uber and Lyft provide contingent liability coverage. These policies are available to accident victims only if the driver’s personal insurer denies their injury claim.

Uber and Lyft accident insurance limits are:

• $50,000 bodily injury per person
• $100,000 bodily injury per accident
• $25,000 property damage

Ride Accepted or Passenger in the Vehicle

When the rideshare driver accepts a customer or is driving to pick one up, Uber’s and Lyft’s primary coverage would become available after an accident.

Lyft and Uber rear-end accident coverage in Florida would provide $1,000,000 liability coverage for passengers injured in the rideshare accident, but it can also cover other drivers, pedestrians, and cyclists.

Meeting the Serious Injury Threshold Allows for Additional Coverage

Florida law also recognizes the need to step outside of the no-fault system and seek additional coverage beyond your PIP policy. If your injuries met the criteria of the serious injury threshold, you could file a bodily injury liability claim against the at-fault driver, Uber or Lyft’s commercial policy, or another liable party (if applicable).

The law identifies serious injury as:

• Significant or permanent injury
• Permanent scarring or disfigurement
• Loss of an important bodily function

The law also recognizes the loss of a loved one for a wrongful death claim.

Common Complications in Uber and Lyft Rear-End Crashes

Insurance companies will look for ways to contest any claim that you file. They are businesses, and as such, their insurance adjusters are trying to save their companies’ money.

When you file your personal injury claim, you may face some challenges like the following:

• Disputes over the driver’s status on the app
• Delays obtaining rideshare insurance confirmation
• Multiple insurers pointing fingers
• Gaps between personal and rideshare coverage

These issues are common and often slow claims, but help is available.

How a Fort Lauderdale Car Accident Lawyer Can Help

Our legal team has 75 years of combined experience. We know the law, rideshare insurance coverage, and the tactics insurers use to devalue and deny claims.

Your car accident lawyer can help your case by providing the following services:

• Full Investigation: Our accident attorneys have the resources to investigate your accident and determine who was at fault and how the accident occurred.
• Preserve Evidence: In addition to collecting such evidence as the police report, medical records, and footage from the accident scene, we can send out letters of spoliation to preserve critical data on the driver’s status and actions at the time of the accident.
• Interview Witnesses: We can contact any witnesses to your accident and secure their statements before their memories fade.
• Determine Your Damages: Your personal injury lawyer can compile a complete list of all damages to your car accident claim.
• Consult With Experts: If necessary, we have a network of accident reconstruction specialists, medical professionals, and computer experts who can provide testimony on your case.
• Deal With Insurers: From your initial demands, the negotiation table, to representing you at trial, we will handle all communication and interactions with the insurance companies, their agents, and attorneys.

Your only responsibility will be following your doctor’s instructions. Be advised that the statute of limitations for a personal injury lawsuit is typically two years, so your time to act is limited.

Call the Law Offices of Wolf & Pravato for Help Today

The Fort Lauderdale personal injury attorneys with the Law Offices of Wolf & Pravato can help you following a rear-end crash with an Uber or Lyft. During your free consultation, we can explain your legal options and your next steps.

Call us today at (844) 643-7200.