After any car accident in Florida, your personal injury protection (PIP) policy will be the first insurance coverage you file a claim with. However, accidents involving an Uber or Lyft driver can complicate coverage. The short answer to which insurance pays and when depends on the driver’s status in the app at the time of the accident.
In this article, our Miami car accident lawyers explain how insurance coverage works with accidents involving rideshare services. We discuss how and when Uber and Lyft’s insurance policy steps in and what they provide, plus what is covered under your PIP policy.
Why Uber and Lyft Accidents Are Legally Different
Uber and Lyft are classified as transportation network services under Florida law. Drivers are considered independent contractors, which creates a unique overlap of insurance coverages.
Miami rideshare accident insurance will have multiple policies at work, such as:
- Driver’s personal insurance
- Uber/Lyft commercial policy
- Your own PIP and UM coverage
Each of these policies will have large corporate insurers behind them, aggressively protecting their companies’ interests and questioning everything about your claim.
The Three Periods Rideshare Insurance Coverage Explained
Knowing which insurance policies apply and when depends on the rideshare driver’s status in the app.
The rideshare coverage tiers are as follows:
Rideshare Driver Is Off the App
When the driver is off the app, they are treated as any other Florida driver. In these circumstances, the driver’s own auto insurance policy will apply.
As a Florida driver, a rideshare driver must maintain their personal injury protection (PIP) and property damage liability (PDL) coverage.
Rideshare Driver Is On the App and Waiting for a Ride Request
When the driver is on the app and they are waiting for a request, Uber and Lyft provide a limited contingent liability coverage. This coverage includes the following benefits:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
These policies only become effective if the rideshare driver’s personal insurer denies a claim or coverage is insufficient.
Rideshare Driver Accept a Ride
For an Uber accident in Miami with a passenger, the rideshare insurance policy provides up to $1 million in third-party liability coverage. This policy can also include
uninsured/underinsured motorist coverage.
Additionally, these policies are not limited to passengers in the rideshare. They also apply to
- Other drivers
- Pedestrians
- Cyclists
If you have been in a Lyft accident in Miami, this policy will provide the strongest protection for injured victims.
Florida’s No-Fault Insurance Is Your First Option
As stated above, all registered vehicles and licensed drivers in Florida must carry PIP and PDL coverage. Florida law requires you to carry a minimum of $10,000 PIP coverage.
Anyone injured in a car accident would first file a claim under their own PIP. PIP typically provides the following benefits:
- Medical expenses: 80% of reasonable and necessary expenses
- Lost wages: 60% of lost gross income
- Death benefits: $5,000 for funeral and burial expenses
In addition to the policy limits, this policy does not cover any pain and suffering, and you are barred from filing a lawsuit against the at-fault driver. It is available to the policyholder regardless of who is at fault.
However, you may step outside your PIP coverage if your injuries meet the serious injury threshold. That threshold is defined as:
- Permanent injury
- Significant scarring
- Loss of bodily function
If you meet those standards, you can file a personal injury lawsuit and seek complete compensation for such damages as the following:
- Pain and suffering
- Permanent disability
- Medical expenses (past and future)
- Lost wages
- Reduced earning capacity
- Wrongful death damages (if applicable)
Keep in mind that you must file your lawsuit before the statute of limitations expires, which is typically two years after the date of the accident.
A Florida car accident lawyer can review your case and explain your options.
Common Insurance Disputes in Miami Rideshare Accidents
When seeking compensation, insurers will be looking for every opportunity to either deny or devalue your claim. They will dispute whether the driver was on the app at the time of the accident, even so far as delaying to confirm the driver’s status or release digital logs.
When they do offer a settlement, most are undervalued. Insurance adjusters may argue that your injuries are not as serious as you claimed or were pre-existing. They may even go so far as to shift a greater degree of blame onto you to reduce your settlement.
Why Speaking With a Miami Uber/Lyft Accident Lawyer Matters
There are things you can do to protect yourself and your right to fair compensation. Starting at the accident scene, we advise clients to do the following:
- Call 911
- See a doctor immediately
- Collect evidence, such as photos and witness information
- Notify your insurer, but do not give a recorded statement
Then, consult with a personal injury attorney in Miami. Determining which insurance applies to your claim requires an investigation, which a lawyer has the resources to provide. Attorneys can:
- Obtain rideshare app data
- Identify all insurance policies
- Determine full damages
- Negotiate with multiple insurers
- Represent you in court if necessary
Most offer free consultations and work on contingency, so you pay no attorney’s fees unless they win.
Call the Law Offices of Wolf & Pravato Today
Reach out to the Law Offices of Wolf & Pravato by calling (844) 643-7200. Learn more about your legal options for fair compensation and how we can help.
The initial consultation is always free. Call today.