I was in an Uber or Lyft accident in Hialeah. Whose insurance pays?
It depends on what the rideshare driver was doing at the moment of the crash. Under Florida's rideshare law (Fla. Stat. § 627.748), Uber and Lyft must provide $1,000,000 in liability coverage while a driver is carrying a passenger or on the way to pick one up. If the driver was logged into the app but had not accepted a ride, the coverage drops to $50,000 per person and $100,000 per crash. If the app was off, only the driver's personal auto policy applies.
Wolfson & Leon represents rideshare passengers, people in other cars, pedestrians, and rideshare drivers themselves who were hurt in Miami-Dade County. The consultation is free, in English or Spanish, and there is no fee unless the firm recovers money for you.
What are the three rideshare insurance periods in Florida?
Florida law splits a rideshare driver's time into three periods, and each has its own insurance requirement under Fla. Stat. § 627.748(7):
- App off. The driver is a private driver. Only their personal auto policy applies, and most personal policies exclude commercial driving, so coverage may be thin.
- App on, no ride accepted. The rideshare company or the driver must carry at least $50,000 per person and $100,000 per crash for bodily injury, plus $25,000 for property damage.
- Ride accepted through drop-off. The rideshare company must carry $1,000,000 in liability coverage, plus PIP and uninsured motorist coverage.
I was a passenger in the Uber. Do I have to prove who was at fault?
As a passenger you were not driving, so you are almost never at fault. Your claim runs against whichever driver caused the crash: the rideshare driver, the other driver, or both. Because you were in a ride, the $1,000,000 rideshare policy is available if the rideshare driver was at fault, and the rideshare company's uninsured motorist coverage may apply if the other driver was at fault and underinsured. Your own PIP, if you own a car, still pays your first medical bills; if you do not own a car, the rideshare vehicle's PIP covers you.
What if I am the rideshare driver and someone hit me?
You have a claim against the driver who hit you, and you may have uninsured motorist coverage through the rideshare company during a ride. But you should know that your personal auto insurer may deny coverage or even cancel your policy if it learns you were driving for Uber or Lyft without a rideshare endorsement. Wolfson & Leon reviews the app trip records and both policies before anyone speaks to an insurer.
What evidence matters most in a rideshare crash?
The app's trip record: it shows exactly whether the driver was logged in, waiting, en route, or on a ride, down to the second, and that decides which policy applies. Screenshot your ride receipt and the trip map right away. Uber and Lyft can produce trip data, but they do not volunteer it; a lawyer requests it formally. Rideshare crashes cluster where rides do: around Westland Mall on W 49th St, the Hialeah Metrorail and Tri-Rail stations, Palm Avenue restaurants, and the Palmetto Expressway ramps.
What compensation can I recover after an Uber or Lyft accident?
Passengers, other drivers, pedestrians, and rideshare drivers themselves can recover medical bills, lost wages, and, for a permanent injury, pain and suffering, from the policy that applies to the driver's status at the moment of the crash: the $1,000,000 rideshare policy during a ride, the lower rideshare limits when the app was on without a ride, or the driver's personal policy when the app was off (Fla. Stat. § 627.748). PIP pays first for medical bills. Where the at-fault driver is someone else, that driver's bodily injury coverage and the rideshare company's uninsured motorist coverage apply. The trip data decides which layer is available, which is why we request it formally in every case.
What mistakes hurt a rideshare accident claim?
- Not saving the trip data. Screenshot the receipt and route the same day; it proves you were on a ride.
- Answering the rideshare company's claims administrator in detail. Confirm the ride, then stop until you have a lawyer.
- For rideshare drivers: reporting the crash to your personal insurer without knowing your policy's rideshare exclusion, which can lead to a denial or cancellation.
- Not reporting the crash in the app or to police because the driver asked you not to.
- Assuming Uber or Lyft "will take care of it." The companies satisfy their obligations through insurers, who evaluate claims like any other insurer.
Key facts
- During a ride or en route to a pickup, Uber and Lyft must carry $1,000,000 in liability coverage. Source: Fla. Stat. § 627.748(7)(c)
- App on but no ride accepted: at least $50,000 per person / $100,000 per crash bodily injury, $25,000 property damage. Source: Fla. Stat. § 627.748(7)(b)
- Rideshare companies must also carry PIP and uninsured/underinsured motorist coverage during rides. Source: Fla. Stat. § 627.748(7)(c)
- A passenger who does not own a car is covered by the PIP on the vehicle they were riding in. Source: Fla. Stat. § 627.736(4)(e)
- Two years to file a negligence lawsuit for crashes on or after March 24, 2023. Source: Fla. Stat. § 95.11
Frequently asked questions
Uber sent me a message asking about the accident. Should I answer?
Not in detail, and not before talking to a lawyer. Uber and Lyft use third-party claims administrators. Anything you say is recorded and can be used to reduce your claim. It is fine to confirm the ride happened; leave the rest to your lawyer.
Can I sue Uber or Lyft directly?
Usually the claim is against the insurance the rideshare company is required to carry, not the company itself, because Florida classifies drivers as independent contractors. In practice the $1,000,000 policy is what pays. Wolfson & Leon evaluates whether any direct claim exists in your situation.
I was hit by an Uber driver while walking. Does the rideshare policy cover me?
If the driver was on a ride or en route to one, yes, the $1,000,000 policy applies to pedestrians and cyclists too. If the app was on but no ride was accepted, the lower limits apply. If the app was off, only the driver's personal policy applies.
How do I find out which "period" the driver was in?
From the app's trip data, which Uber and Lyft keep. Your ride receipt is a start. Wolfson & Leon sends a formal request for the trip and login records as soon as it is retained.
What happens when you call
A person answers, not a recording
Call (305) 285-7071 any time. A person from the firm picks up, in Spanish if you prefer. If it is the middle of the night, we take your details and an attorney calls first thing.
We ask what happened, about 15 minutes
When and where it was, whether you were treated, whether there is a police report, and whether an insurer has already called you. You do not need papers in front of you.
We tell you honestly whether we can help
If you have a case we can take, we explain the next steps and what not to do in the meantime. If you do not, we tell you that too, and who else to call.
If you hire us, you pay nothing up front
The fee is a percentage of what is recovered, explained in writing before you sign. If we recover nothing, you owe no fee. We can come to your home or the hospital if you cannot get to the office.
