Getting around Florida is more convenient through rideshare services like Uber and Lyft. But what happens when convenience turns into chaos? If you’ve been involved in a rideshare accident, you might be left wondering, “Who is responsible for my damages?” The answer, as is often the case in legal matters, depends on the specifics of your situation. This guide breaks down liability in rideshare accidents in Florida and provides clarity on what you can do to protect your rights.
Understanding Rideshare Liability in Florida
Florida has unique rules when it comes to determining liability in rideshare accidents. Thanks to advanced technology, rideshare apps track when their drivers are available or actively transporting passengers. This plays a significant role in determining liability.
Here’s how liability typically breaks down depending on the driver’s status:
- Driver is Offline
If the driver isn’t logged into the app, they’re considered "offline," and their personal car insurance will apply. Rideshare companies, like Uber and Lyft, are not responsible during this time.
- Driver is Logged into the App but Has No Passenger
When the driver is waiting for a ride request while logged into the app, rideshare companies provide limited liability coverage. This includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
However, the driver’s personal insurance might also come into play, depending on the circumstances.
- Driver is En Route to Pick Up a Passenger or Actively Transporting a Passenger
During this period, rideshare companies provide significant insurance coverage:
- $1 million for third-party liability
- Uninsured/underinsured motorist coverage
- Contingent comprehensive and collision insurance (if the driver has coverage on their personal policy)
This higher coverage ensures that passengers, pedestrians, and other drivers are better protected.
Common Challenges in Rideshare Accident Liability
While rideshare companies do offer coverage, determining and fighting for the compensation you deserve isn’t always straightforward. Some common challenges include:
- Determining Fault
Establishing who caused the accident is a critical step in pursuing a claim. Whether it was the rideshare driver, another vehicle, or even multiple parties, the process requires thorough investigation and evidence collection.
- Dealing with Insurance Companies
Insurance companies often aim to minimize payouts. Navigating conversations with adjusters or understanding policy limits can be overwhelming, especially if rideshare companies attempt to deny liability or pass the blame.
- Multiple Parties
Rideshare accidents often involve multiple parties, including drivers, passengers, and pedestrians. This can complicate negotiations and hinder the pursuit of fair compensation.
- Coverage Gaps
If the rideshare driver’s app status isn’t clear, or if they claim to have been offline, there may be disputes over which insurance company is responsible. This is why collecting evidence at the scene is vital.
Steps to Take After a Rideshare Accident
If you’ve been involved in a rideshare accident, taking immediate action is crucial to protect your rights and lay the groundwork for any legal claims. Here’s what to do:
1. Seek Medical Attention
Your health and safety come first. Even if you feel fine, certain injuries may not present symptoms right away. A medical evaluation ensures your well-being and provides documentation of any injuries connected to the accident.
2. Call Law Enforcement
A police report is a critical piece of evidence that establishes details like fault, damages, and parties involved. Requesting a report also ensures that the accident is properly documented.
3. Gather Evidence
Take photos of the accident scene, vehicles, injuries, and anything else that might support your case. Also, gather information, including:
- Names and contact details of the rideshare driver, other drivers, and witnesses
- Insurance details of all parties
- Screenshots of your rideshare receipt, app status, or any messages between you and the driver
4. Report to the Rideshare Company
Most rideshare apps, like Uber and Lyft, have a process for reporting accidents. This helps document your case with the company.
5. Consult an Experienced Attorney
Rideshare accident cases can be complex, from dealing with insurance adjusters to navigating Florida’s laws. Hiring an experienced attorney ensures that your rights are protected and that you receive the compensation you deserve.
Your Advocate During Difficult Times
Rideshare accidents can turn your world upside down in an instant. Navigating the legal aftermath is often daunting, especially when you’re dealing with injuries, expenses, and emotional stress.
At Rossman, Baumberger, Reboso & Spier, P.A., we understand the challenges you’re facing, and we’re here to provide the support and guidance you need every step of the way. We can help you understand the nuances of Florida’s laws and ensure you're getting the maximum compensation.
If you or a loved one has been involved in a rideshare accident in Florida, don’t wait.
Contact us today at (305) 900-5493 for a free case evaluation.