Hit by an Uber While Walking or Biking in Hialeah: Who Pays?

Your own auto insurance pays your medical bills first, even if you were hit by an Uber while walking or biking in Hialeah. That coverage comes from Personal Injury Protection, or PIP, and it only applies if you see a doctor within 14 days of the crash. After that $10,000 (or $2,500) is used up, whose liability insurance kicks in depends entirely on what the Uber driver’s app was doing at the exact moment you were struck.

Which PIP policy pays my medical bills first if I was on foot or on a bike?

Under Florida law, your own PIP policy pays first if you are hurt as a pedestrian or cyclist. If you do not have a car or PIP coverage, the next source is a resident relative’s PIP policy. Only if neither exists does the Uber driver’s PIP step in, and this only applies to Florida residents [Fla. Stat. § 627.736(4)(e)]. PIP covers 80 percent of reasonable medical bills and 60 percent of lost wages, up to $10,000 if a doctor diagnoses an emergency medical condition, or just $2,500 for non-emergency injuries. You must begin treatment within 14 days of the crash; miss that deadline by even one day and your claim is denied. Pedestrians who walk to Metrorail stations or shopping plazas along West 49th Street and do not own a car may have no PIP of their own, which makes the fallback to the striking vehicle’s policy important. Remember, “no-fault” only means PIP pays regardless of who caused the crash, it does not mean fault never matters later.

How does Uber’s insurance change depending on what the driver’s app was doing?

Uber’s liability coverage depends on whether the driver’s app was off, on but waiting, or actively transporting a passenger. Florida law creates three periods [Fla. Stat. § 627.748(7)]. If the app was off (Period 0), only the driver’s personal auto policy applies, and many Florida policies carry no bodily injury liability at all. If the app was on but no ride had been accepted (Period 1), Uber must provide at least $50,000 per person in bodily injury coverage. Once a ride is accepted through drop-off (Periods 2 and 3), Uber’s primary liability jumps to $1 million. Crucially, personal auto insurers can exclude rideshare activity, so the driver’s own policy likely won’t cover Periods 1, 3. The difference between $50,000 and $1 million often hinges on proof of the driver’s app status at impact, a single screenshot can shift the entire value of your case. Hialeah Police will generate a crash report, but it remains confidential for 60 days under [Fla. Stat. § 316.066], accessible only to you, your insurer, and your lawyer.

Who is at fault, does the Uber driver have to yield at crosswalks in Hialeah?

Florida law requires drivers to yield to pedestrians in marked crosswalks [Fla. Stat. § 316.130]. This includes busy intersections in Hialeah like West 49th Street and Okeechobee Road, where marked crosswalks are common near shopping centers and transit stops. Striking a pedestrian in a marked crosswalk creates strong evidence the driver was at fault. However, pedestrians also have a duty to exercise due care [Fla. Stat. § 316.130], which Uber’s insurer may use to argue you share blame, for example, if you suddenly stepped into traffic. Rideshare drivers face added distraction: checking the Uber app for new requests while navigating Hialeah streets increases risk. A police report from Hialeah PD documenting crosswalk markings, traffic signals, and vehicle position is essential. Do not assume jaywalking automatically bars recovery; it may reduce damages but rarely ends them.

What if I was on a bicycle, do I have the same rights as a car driver?

Yes. Florida law gives cyclists the same rights and responsibilities as drivers of motor vehicles [Fla. Stat. § 316.2065]. That includes the right to occupy a full lane when necessary. Drivers must also give cyclists at least three feet of clearance when passing [Fla. Stat. § 316.083(1)]. If an Uber driver struck you while passing closer than three feet, that is a clear statutory violation and powerful evidence of negligence. These scenarios often happen in mixed-traffic zones near Hialeah shopping plazas or bus stops, where bikes share space with rideshare vehicles. Just like pedestrians, cyclists must use their own PIP first under [Fla. Stat. § 627.736(4)(e)], and Uber’s liability tier still depends on the driver’s app status. Defense lawyers may claim you were riding against traffic or outside a bike lane, but those arguments go to comparative fault, not total denial of your claim.

What if I was partly at fault for the crash?

You can still recover compensation if you were partly at fault, as long as you are found 50 percent or less responsible [Fla. Stat. § 768.81(6)]. Florida uses modified comparative negligence, meaning your damages are reduced by your percentage of fault. For example, if you crossed West 49th Street outside a marked crosswalk and a jury assigns you 30 percent fault, you can still recover 70 percent of your damages from Uber’s $1 million policy. Uber’s insurer will try to inflate your share of blame, citing pedestrian duty under [Fla. Stat. § 316.130] or cyclist rules under [Fla. Stat. § 316.2065], to lower their payout. That is why proving the driver’s conduct (distracted driving, failure to yield, inadequate passing distance) is so important. The 2023 tort reform changed Florida from pure to modified comparative negligence, but did not eliminate partial recovery.

What if the Uber driver fled the scene after hitting me?

Leaving the scene of a crash involving injury is a felony in Florida [Fla. Stat. § 316.027]. The driver must stop, render aid, and provide identifying information. If they flee, your best option is usually your own uninsured motorist (UM) coverage, which applies when the at-fault driver is unidentified or lacks insurance [Fla. Stat. § 627.727]. UM coverage is optional in Florida and must be rejected in writing, but if you do not own a car, you may not have it. Still, Uber keeps detailed logs of which driver was active and where. With a subpoena, your lawyer can often identify the driver even if they fled. Report the crash immediately to Hialeah Police and ask nearby businesses to preserve surveillance footage; many systems overwrite video quickly. Do not assume a hit-and-run means no recovery, it just changes the path.

Frequently asked questions

I don’t own a car and have no PIP, does Uber’s insurance cover my medical bills right away?
No. Your own PIP (or a resident relative’s) applies first. Only if neither exists does the Uber driver’s PIP apply, and only if you are a Florida resident. That initial $10,000 still requires treatment within 14 days.

How long do I have to file a lawsuit after being hit by an Uber in Florida?
For crashes on or after March 24, 2023, you have two years from the date of the accident to file a negligence lawsuit under [Fla. Stat. § 95.11]. Do not wait, gathering evidence about the driver’s app status takes time.

Can I recover money for pain and suffering if an Uber hit me while I was walking?
Yes, but only if you suffered a permanent injury, significant scarring, or permanent loss of a bodily function. Minor injuries covered by PIP alone typically do not qualify for pain and suffering damages under [Fla. Stat. § 627.737(2)].

The Uber driver said I jaywalked and caused the crash, does that mean I get nothing?
Not necessarily. Jaywalking may increase your share of fault, but you can still recover as long as you are found 50 percent or less at fault. The driver’s duty to avoid striking pedestrians still applies, even outside crosswalks.

What if the Uber driver’s app was off when they hit me, am I out of luck?
Not automatically. If the app was off, the driver’s personal auto policy applies, but many such policies exclude rideshare activity or carry minimal bodily injury coverage. You may still have a claim under your own UM coverage or through other evidence showing the app was actually on.

Related reading: I was in an Uber or Lyft accident in Hialeah. Whose insurance pays? · A car hit me while I was walking or biking in Hialeah. What are my rights? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.