Rideshare apps like Uber and Lyft provide Florida passengers with a viable alternative to driving or taking public transportation. Unfortunately, because rideshare drivers spend so much time on the road, they can wind up getting into accidents with other vehicles, even when no passengers are present. The question then is who is liable when a rideshare driver is between passengers in Florida? This may involve determining whether a Distracted Driving Accident or Drunk Driving Accident contributed to the crash.
Determining Who Was Responsible
Who is liable when a rideshare driver is between passengers varies depending on the circumstances of the accident. If the rideshare driver was determined to be 100% at fault for the accident, they can be held liable for any damages that ensue. If another driver or a third party like the city’s public works department or a car’s manufacturer held a portion of the blame, that party may also be liable in a Personal Injury claim.
Insurance adjusters and courts use many methods for determining responsibility. To assign liability, they collect and analyze evidence, such as:
- Police accident reports
- Accident reconstructions
- Photos from the accident scene
- Surveillance videos of the crash
- Witness testimony
Insurance companies sometimes try to assign liability unfairly to reduce the amount of money they must pay out to accident victims. Work with a Florida rideshare accident attorney to make sure this doesn’t happen. You may also need to consider an Insurance Claim, Premises Liability, or Negligent Security claim depending on how the accident occurred.
What Happens When a Rideshare Driver Is to Blame?
When rideshare drivers are between passengers and cause accidents, Uber and Lyft still provide coverage for accident victims’ injuries. When they are online and available for a trip, coverage is limited to $50,000 per person or $100,000 per accident in injury coverage and $25,000 in property damage coverage. This is true for both Uber and Lyft. That’s a good thing, given that fully ⅓ of rideshare drivers have reported at least one accident.
When drivers are on their way to pick up passengers, these rideshare apps’ full insurance policies apply. Uber and Lyft both have $1 million policies to cover injuries not just to drivers and potential passengers but also to others involved in the crash. Whether you were walking, riding a bike, or riding in another vehicle, your serious injuries should be paid for by the rideshare company’s insurance. This can involve a Commercial Vehicle Accident depending on the circumstances.
What Happens When Another Driver Is to Blame?
When another driver is to blame, your personal injury protection (PIP) insurance should pay for your medical care up to $10,000. If you’ve suffered a serious injury, you can also file a claim against the liable third-party driver. Unlike PIP insurance, which covers only 80% of your medical bills, a legal claim against a liable third party can cover 100% of your expenses and non-economic damages like pain and suffering. Similar liability questions can arise in Medical Malpractice and Medication Error cases.
What Happens if You Were to Blame?
If you were to blame for the accident, your injuries should still be covered by your PIP insurance. If they met Florida’s serious injury threshold, you may still be able to recover additional compensation if you were only partially at fault for the crash that caused them. Florida’s modified comparative negligence laws allow drivers to pursue compensation as long as they were 50% or less to blame.
There is a small catch. If you recover compensation for an accident you were partially at fault for, your final settlement amount could be reduced by the percentage of fault you were assigned. That means if you were initially going to get a $100,000 settlement, but you were deemed to be 40% at fault, your final settlement would be just $60,000. This would be true whether a rideshare driver or another driver held the rest of the blame for the crash that caused your injuries. The same principle may affect a Workers’ Compensation claim depending on the applicable circumstances in Florida.
FAQs
What Are the Insurance Requirements for Rideshare Drivers in Florida?
The insurance requirements for rideshare drivers in Florida change depending on whether drivers are using the app or not. State minimum personal auto insurance requirements apply when drivers are offline, but when they’re online, Uber and Lyft have extensive corporate liability policies that cover them. The amount of coverage depends on whether drivers have passengers or are waiting for a request.
What Is the 51% Rule in Florida?
The 51% rule in Florida refers to Florida Statutes 768.81, which outlines the Sunshine State’s modified comparative negligence system. Under this system, drivers are eligible to recover compensation for accidents they contribute to causing as long as they are less than 51% to blame. Drivers who are 51% or more at fault are barred from recovering compensation.
Who Is Liable for a Rideshare Accident?
Who is liable for a rideshare accident varies depending on who caused it. Rideshare drivers may be liable for accidents that they cause, but they aren’t liable for accidents caused by third parties, such as other drivers, municipal authorities, or car manufacturers. Your Florida rideshare accident attorney can help you determine all of the potentially liable parties in your case so that you can recover full compensation.
How Do You File a Claim Against Uber as a Passenger?
You can file a claim against Uber as a passenger through the app. To do so, make sure you seek medical care immediately, call the police for an official report, then report the crash and file a claim with Uber’s insurance provider. If you’re not sure how to go about this process, you can contact a Florida car accident attorney for help. An Elderly Driver Car Accident or Leaving the Scene of an Accident may involve different liability considerations.
Hire a Trusted Rideshare Accident Lawyer
If you’ve been in an accident involving a Lyft or Uber driver, you can hire a rideshare accident lawyer to help you file a claim. You may be able to recover compensation under the rideshare company’s insurance policy even if the driver was between passengers.
If you need help filing a claim against an Uber or Lyft driver, you can turn to The Caldarone Law Group, P.A. Our lead attorney, Justin P. Caldarone, has been in practice for over 10 years.
In that time, he has taken on many Uber and Lyft accident cases and developed a clear understanding of rideshare accident laws and how to leverage them to get his clients real results. Contact our office to schedule an initial consultation regarding your rideshare accident claim today.
