Who Pays When You’re Injured In An Uber Or Lyft?

An explosion of rideshare activity has happened over the past decade. Nationwide, Uber and Lyft continue to grow by double digits in many metrics, including monthly active users, number of rides, and gross bookings. In Miami, ridesharing has become a major mode of transport for commuters, tourists, and locals alike.

At Miami International Airport alone, Uber and Lyft pick-ups increased by over 60% from 2016 to 2018. With more rideshare drivers on the road and more miles driven, there is a higher chance of these vehicles being involved in collisions. Speaking with a Florida personal injury lawyer is important if you or someone you care about has sustained an injury in a crash involving rideshare vehicles.

The Use of Personal Cars

With rideshare apps there are active periods and waiting periods. Each driver is often on the road for many hours a day, including periods when they do not have a rider, when they are traveling to pick up, or when they are driving a full ride. These transitions increase exposure. More exposure tends to mean higher risk. More potential for distracted driving, fatigue, inclement weather, complex traffic conditions, and navigating unfamiliar routes.

Also, because rideshare drivers shift between personal use and en route statuses, the types of insurance coverage that apply vary dramatically. That makes it more complicated for injured parties to know who is responsible when an accident happens.

In Florida, the insurance responsibility depends largely on what stage the rideshare driver was in at the time of the crash. There are a few main scenarios. If a driver is not using the rideshare app, an accident is treated like any private motorist. The driver’s personal auto insurance is the primary form of financial relief.

Should the driver be logged into the app but has not accepted a ride, Uber and Lyft provide contingent liability. Full commercial liability kicks in if the driver has accepted a ride or is carrying a passenger. Then, $1 million third-party liability plus uninsured/underinsured motorist protections are activated.

Also remember, Florida requires all drivers, whatever their job, to carry Personal Injury Protection (PIP) of at least $10,000. This helps cover medical bills and some lost wages regardless of who was at fault for the collision.

Don’t Accept the First Offer

Insurers may try to settle quickly for low amounts before you fully understand the long-term impact of your injuries. Make sure the settlement includes future medical expenses, lost wages (current and potential), and compensation for non-economic harms.

Have a conversation with a Florida personal injury lawyer who is familiar with rideshare claims to protect yourself from loss. These attorneys are familiar with insurance contracts, rideshare company policies, disclaimers, app-logs, and driver statuses. A lawyer knows how to subpoena app data (to show whether a driver was on-app or not).

Could a skilled rideshare attorney help you sort through an insurance maze? The attorneys at Spencer Morgan Law are available to fight for not just today’s medical bills but expenses in the weeks, months, or even years ahead. Call 305-423-3800 to book a confidential consultation.