Injured in an Uber Accident in Florida: Who Pays My Medical Bills?

In Florida, your own PIP insurance pays first, covering 80 percent of reasonable medical bills up to $10,000 if a doctor finds an emergency medical condition, or only up to $2,500 for non-emergencies, but only if you see a doctor within 14 days of the crash. After PIP, which insurer pays next depends on whether you were a passenger, in another car, walking, biking, or driving for Uber, and whether the Uber driver’s app was off, idle, or actively carrying a rider. Multiple insurers will try to shift responsibility, so knowing the correct payment order before speaking to any adjuster can keep you from being stuck with bills that should be covered.

What is the short answer, who actually pays first?

Your own Personal Injury Protection (PIP) coverage pays first, regardless of fault, under Florida Statute § 627.736. It 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 (EMC), or only $2,500 without one. You must get initial treatment within 14 days of the crash, or PIP pays nothing, even if you go on day 15. The clock does not stop for weekends, holidays, or waiting to “feel worse.” In Hialeah, clinics like Hialeah Hospital or Palmetto General count as valid providers for this deadline. Do not assume the other driver’s insurance or Uber will pay these initial costs; Florida law puts your own policy first.

What is the payment order if I was an Uber passenger?

As a passenger, your own PIP pays first. If you live in a Hialeah household where a relative insures a car, and you do not have your own policy, that household policy’s PIP applies next per Fla. Stat. § 627.736(4)(e). Beyond PIP, if the Uber driver caused the crash you can claim against the driver’s liability coverage; because your ride had been accepted, the driver was in Periods 2 or 3 (from accepting the ride until it ends). During Periods 2 and 3, Florida law requires at least $1 million in primary liability coverage under § 627.748(7). If the at-fault driver has no bodily injury coverage or too little, your own uninsured/underinsured motorist (UM) coverage may apply under § 627.727. During an accepted ride, Florida law also makes the rideshare company’s PIP and uninsured motorist coverage apply under § 627.748, and your own UM coverage can add protection. Do not call Uber first, start with your own insurer and then contact an attorney familiar with rideshare accidents.

What if I was in another car that the Uber hit?

The occupants of the other vehicle use their own PIP first, just like any Florida crash. After PIP, they can pursue the Uber driver’s liability coverage, but the amount available depends entirely on the app status at impact. If the driver’s app was off, only their personal auto policy applies. If the app was on but no ride accepted (Period 1), the law requires at least $50,000 per person, $100,000 per crash, and $25,000 in property damage per § 627.748(7). If the driver had accepted a trip (Periods 2, 3), $1 million in primary liability coverage must be in place. The difference between $50,000 and $1 million hinges on app data, GPS logs, and trip records, evidence that disappears quickly unless preserved. Do not wait to contact an attorney; those records are held by Uber and may not be kept indefinitely.

What if I was walking or on a bike when the Uber hit me?

If you were a pedestrian or cyclist injured by an Uber in Hialeah, PIP still applies, but only through specific channels. First, your own auto policy (if you have one). Second, the PIP policy of a relative who lives with you and insures a car. Only if neither exists does the striking vehicle’s PIP cover you, and only if you are a Florida resident, per § 627.736(4)(e). This matters in multi-generational Hialeah homes where one insured vehicle covers the entire household. Even as a pedestrian, you must see a doctor within 14 days or lose all PIP benefits. After PIP, the same liability tiers apply based on the Uber driver’s app status. Do not assume you have no coverage, many walking victims qualify under a household policy they did not know existed.

What if I am the Uber or Lyft driver who got hurt?

Your own PIP pays first for your medical bills, just like any Florida driver. But Florida law (§ 627.748) allows personal auto policies to exclude coverage while the rideshare app is on. That means if you were logged in, your personal insurer may deny the claim. The rideshare company’s policy must then provide coverage from the first dollar if your personal policy lapsed or lacks required limits. If another driver caused the crash, you can pursue their liability coverage. If you caused it, you still get your own PIP for medical bills but face liability exposure. For extra protection during app-on periods, check whether your personal policy includes UM coverage that applies to rideshare, remember, UM must be rejected in writing under § 627.727, so it may still be active even if you forgot you had it.

Who pays first, second, and third, the full table by role and app period

Role	App Period	Pays First	Pays Second	Pays Third
Passenger	Periods 2, 3 (ride accepted to drop-off)	Own PIP or household relative’s PIP	At-fault driver’s liability (Uber/Lyft $1M if the Uber driver is at fault)	Own UM/UIM, health insurance
Occupant of other vehicle	Any	Own PIP	At-fault driver’s liability (personal policy if app off; TNC coverage by period)	Own UM/UIM, health insurance
Pedestrian/cyclist	Any	Own PIP → household relative’s PIP → striking vehicle’s PIP	Same TNC liability layers by app period	Own UM/UIM (if applicable), health insurance
Uber driver	App off	Own PIP	Other at-fault driver’s liability	Health insurance, UM if applicable
Uber driver	Period 1 (app on, no ride)	Own PIP (if personal policy denies, TNC may cover)	Other at-fault driver’s liability	UM, health insurance
Uber driver	Periods 2, 3 (ride accepted to drop-off)	TNC’s PIP coverage applies (627.748)	Other at-fault driver’s liability	Health insurance, UM if available

Period 2 begins when the driver accepts a trip request. Period 3 continues until the passenger exits the vehicle.
For crashes on or after March 24, 2023, you have two years to file a lawsuit under Fla. Stat. § 95.11.

Frequently asked questions

What happens if I don’t have my own car insurance when I’m hurt in an Uber?
You may still qualify for PIP through a relative who lives with you and insures a car. If no household policy exists, and you were a pedestrian or cyclist, the Uber vehicle’s PIP may apply, but only after the first two options are ruled out.

Will Uber’s $1 million policy cover me automatically after a crash?
No. It applies only if the driver was in Periods 2 or 3 (after accepting a trip). If the app was off or idle, lower limits or no coverage may apply. You must prove the app status, often through data only Uber holds.

Can I sue Uber for pain and suffering after an accident?
You can seek damages from the at-fault party if you meet Florida’s threshold for permanent injury, significant and permanent scarring or disfigurement, or permanent loss of an important bodily function under § 627.737(2). Whether Uber itself can be sued directly depends on the facts of the case, not simply on the driver using the app.

How long do I have to file a lawsuit after an Uber accident in Florida?
For crashes on or after March 24, 2023, the deadline is two years from the date of injury under Fla. Stat. § 95.11. This applies regardless of your role in the crash.

Does it matter which hospital I go to after an Uber accident in Hialeah?
No, as long as the first visit is with a provider PIP accepts for initial care, such as a hospital, emergency room, or physician. Hialeah Hospital, Palmetto General, or an urgent care clinic staffed by physicians qualifies, but you must go within 14 days. Missing the 14-day deadline, even by one day, voids your PIP claim entirely.

Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at (305) 285-7071 for a free consultation. We speak Spanish, and there is no fee unless we win.