With millions of residents and tourists relying on Uber and Lyft for transportation, Florida has seen a significant increase in rideshare vehicles on its roads. While these services offer convenience, they also introduce complex legal and insurance challenges when accidents occur. Understanding the Florida Uber & Lyft accident laws is crucial for anyone involved in a rideshare collision, as the rules differ significantly from those governing standard car accidents. This comprehensive guide provides a detailed overview of the legal framework, insurance requirements, and your rights after a rideshare accident in Florida.
Recent data highlights the growing concern of rideshare accidents. In 2025, Florida saw a 20% rise in rideshare-related accidents in some counties, and studies indicate a 3% annual increase in accidents involving rideshare vehicles in major metropolitan areas across the state. If you have been injured in an Uber or Lyft accident, you are not alone, and you have legal options. The experienced personal injury attorneys at Pencheff & Fraley are here to help you navigate the complexities of your case and fight for the compensation you deserve.
Understanding Florida’s Rideshare Legal Framework
Florida has a specific set of laws that govern Transportation Network Companies (TNCs) like Uber and Lyft. These regulations, primarily outlined in Florida Statute § 627.748, establish the legal and insurance requirements for rideshare companies and their drivers. Understanding this legal framework is the first step in protecting your rights after an accident.
What is Florida Statute § 627.748?
Florida Statute § 627.748 is the cornerstone of rideshare regulation in the state. Enacted to address the unique nature of the rideshare industry, this statute defines TNCs, TNC drivers, and prearranged rides, and it sets forth the specific insurance coverage that must be in place during different phases of a driver’s activity. The law aims to ensure that victims of rideshare accidents have access to adequate compensation for their injuries and damages.
A “Transportation network company” or “TNC” is defined as an entity operating in Florida that uses a digital network to connect riders to TNC drivers for prearranged rides. This distinction is important because it separates TNCs from traditional taxi services and subjects them to a unique set of rules.
Key Regulatory Requirements for Uber and Lyft in Florida
Beyond insurance, Florida law imposes several other requirements on TNCs to ensure public safety. These include:
- Driver Background Checks: TNCs must conduct a comprehensive background check on all driver applicants, which includes a review of their driving history and a national criminal background check.
- Vehicle Safety: While the state does not mandate specific vehicle inspections, TNCs have their own vehicle requirements, and drivers are expected to maintain their vehicles in a safe condition.
- Zero-Tolerance Policy: TNCs must maintain a zero-tolerance policy regarding drug and alcohol use by drivers. Any report of a driver being under the influence must be investigated, and the driver must be suspended pending the outcome.
- Fare Transparency: TNCs are required to provide passengers with the fare or a fare calculation method before a ride begins. If the fare is not disclosed upfront, the passenger must have the option to receive an estimated fare.
2023 Tort Reform Changes and Their Impact
In 2023, Florida enacted significant tort reform legislation that has a direct impact on personal injury claims, including those arising from rideshare accidents. The most critical change is the reduction of the statute of limitations for negligence claims from four years to two years. This means that you now have only two years from the date of the accident to file a lawsuit. This shortened timeframe makes it more important than ever to act quickly and consult with an experienced attorney to ensure your rights are protected.
Florida Rideshare Insurance Requirements Explained
The insurance landscape for rideshare accidents is complex, with different coverage levels applying at different times. Florida law divides a TNC driver’s activity into four distinct periods, each with its own set of insurance requirements. Understanding these periods is essential to determining which insurance policy will cover your damages.
The Four Coverage Periods: What You Need to Know
Here is a breakdown of the insurance coverage requirements for each period:
| Coverage Period | Driver Status | Minimum Insurance Requirements |
| Period 0 | Driver app is off | Driver’s personal auto insurance policy applies. |
| Period 1 | Driver app is on, waiting for a ride request | – $50,000 for death and bodily injury per person- $100,000 for death and bodily injury per incident- $25,000 for property damage |
| Period 2 | Driver has accepted a ride and is en route to pick up the passenger | – $1 million for death, bodily injury, and property damage |
| Period 3 | Passenger is in the vehicle | – $1 million for death, bodily injury, and property damage |
Period 0: Driver App Offline
When a TNC driver is not logged into the rideshare app, they are considered a private citizen, and their personal auto insurance policy is the only source of coverage. If they cause an accident during this time, you would file a claim against their personal insurance, just as you would in any other car accident.
Period 1: App On, Waiting for Ride Request
Once a driver logs into the app and is available to accept rides, a lower level of TNC-provided insurance coverage kicks in. This contingent liability coverage applies if the driver’s personal insurance does not cover the accident. The minimums are $50,000 per person for bodily injury, $100,000 per incident for bodily injury, and $25,000 for property damage.
Period 2: Ride Accepted, En Route to Pickup
From the moment a driver accepts a ride request until they pick up the passenger, the TNC’s full commercial liability coverage of $1 million applies. This coverage is primary and covers damages caused by the TNC driver.
Period 3: Passenger in Vehicle
While a passenger is in the vehicle, the $1 million commercial liability policy remains in effect. This policy covers injuries to the passenger, as well as to other drivers, pedestrians, or cyclists who may be injured in an accident caused by the TNC driver.
Personal Injury Protection (PIP) in Rideshare Accidents
Florida is a no-fault state, which means that all drivers are required to carry Personal Injury Protection (PIP) insurance. PIP covers 80% of your medical bills and 60% of your lost wages, up to a limit of $10,000, regardless of who was at fault for the accident. In a rideshare accident, your own PIP insurance is the first source of coverage for your injuries. If you do not own a vehicle and do not have PIP, you may be able to access PIP coverage through the TNC’s insurance policy.
Uninsured and Underinsured Motorist Coverage
In addition to liability coverage, Florida law requires TNCs to provide uninsured/underinsured motorist (UM/UIM) coverage during Periods 2 and 3. This coverage is crucial if you are injured by a hit-and-run driver or a driver who does not have enough insurance to cover your damages. The TNC’s UM/UIM coverage can step in to provide the compensation you need.
Who is Liable in a Florida Uber or Lyft Accident?
Determining liability in a rideshare accident can be one of the most challenging aspects of these cases. Depending on the circumstances, liability may fall on the TNC driver, the rideshare company, a third-party driver, or even a combination of parties. An experienced attorney can help investigate the accident and identify all potentially liable parties.
Determining Fault in Rideshare Accidents
Fault is determined by the legal principle of negligence. To prove another party was negligent, you must demonstrate the following four elements:
- Duty: The other party owed you a duty of care. For example, all drivers have a duty to operate their vehicles safely.
- Breach: The other party breached that duty. This could be through a specific action, like speeding, or an inaction, like failing to yield.
- Causation: The breach of duty directly caused your injuries.
- Damages: You suffered actual damages, such as medical bills, lost wages, and pain and suffering.
Evidence used to prove fault can include police reports, witness statements, traffic camera footage, and data from the rideshare app itself.
Driver Liability vs. Company Liability
While TNC drivers are considered independent contractors, there are situations where the rideshare company can be held liable for an accident. If the TNC was negligent in its hiring process, such as by failing to conduct a proper background check on a driver with a history of dangerous driving, the company could be held directly liable for a resulting accident. Additionally, the TNC’s insurance is on the line, as described in the coverage periods above.
Third-Party Liability Scenarios
In many rideshare accidents, a third-party driver is at fault. For example, if another vehicle runs a red light and crashes into the Uber or Lyft you are riding in, the at-fault driver’s insurance would be the primary source of compensation. In these cases, the TNC’s UM/UIM coverage can be a critical safety net if the at-fault driver is uninsured or underinsured.
How Florida’s Comparative Negligence Law Applies
Florida follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your award will be reduced to $80,000. If you are found to be more than 50% at fault, you will be barred from recovering any damages. Insurance companies often try to use comparative negligence to reduce their payouts, which is why it is so important to have an experienced attorney on your side.
Your Rights After a Florida Rideshare Accident
Whether you are a passenger, another driver, or a pedestrian, you have rights after a rideshare accident. It is important to understand these rights to ensure you are treated fairly and receive the compensation you deserve.
Rights as a Rideshare Passenger
As a passenger, you are in a unique position because you are unlikely to be at fault for the accident. You have the right to expect a safe ride, and if you are injured, you have the right to seek compensation for your medical bills, lost wages, and pain and suffering. You can file a claim against the at-fault driver’s insurance, and you are also covered by the TNC’s $1 million insurance policy.
Rights as Another Driver Involved in the Accident
If you are another driver involved in an accident with a TNC vehicle, your rights depend on who was at fault. Let’s say the TNC driver was at fault, you can file a claim against their insurance and the TNC’s insurance. If you were at fault, you will be responsible for the damages you caused.
Rights as a Pedestrian or Cyclist
Pedestrians and cyclists are particularly vulnerable in traffic accidents. If you are hit by a TNC vehicle, you have the right to seek compensation for your injuries. The same liability and insurance rules apply, and you can file a claim against the at-fault driver and the TNC.
What to Do Immediately After a Rideshare Accident in Florida
The steps you take in the minutes, hours, and days after a rideshare accident can have a significant impact on your health and your ability to recover compensation. Here is a step-by-step guide to follow:
- Ensure Safety and Call 911: Your first priority is your safety. If you are able, move to a safe location and call 911 to report the accident and request medical assistance.
- Document the Scene and Gather Evidence: If you are able, take photos and videos of the accident scene, including the vehicles involved, any visible injuries, and the surrounding area. Get the names and contact information of the drivers and any witnesses.
- Seek Medical Attention Within 14 Days: Even if you do not feel seriously injured, it is crucial to see a doctor as soon as possible. Some injuries, like whiplash, may not be immediately apparent. Under Florida law, you must seek medical treatment within 14 days of the accident to be eligible for PIP benefits.
- Report the Accident Through the App: Report the accident to Uber or Lyft through their app. This creates an official record of the incident with the TNC.
- Preserve Digital Evidence: Take screenshots of your ride information in the app, including the driver’s name, vehicle information, and the ride route. This can be valuable evidence later on.
- Contact a Florida Rideshare Accident Attorney: Before you speak to any insurance adjusters, it is in your best interest to consult with an experienced rideshare accident attorney. An attorney can advise you of your rights and handle all communications with the insurance companies on your behalf.
Filing a Rideshare Accident Claim in Florida
Filing a rideshare accident claim can be a complex process. There are strict deadlines and procedural rules that must be followed. An experienced attorney can guide you through the process and ensure your claim is filed correctly and on time.
Understanding the Statute of Limitations (2 Years)
As mentioned earlier, the statute of limitations for filing a personal injury lawsuit in Florida is now two years from the date of the accident. If you do not file a lawsuit within this timeframe, you will lose your right to seek compensation for your injuries.
The Claims Process Timeline
The claims process can vary depending on the complexity of the case, but it generally involves the following steps:
- Initial Consultation: You will meet with an attorney to discuss your case and review the details of the accident.
- Investigation: Your attorney will investigate the accident, gather evidence, and identify all liable parties.
- Demand Letter: Your attorney will send a demand letter to the insurance company, outlining your damages and demanding a settlement.
- Negotiation: Your attorney will negotiate with the insurance company to reach a fair settlement.
- Filing a Lawsuit: If a fair settlement cannot be reached, your attorney will file a lawsuit on your behalf.
- Discovery: Both sides will exchange information and evidence through a process called discovery.
- Mediation and Trial: Many cases are settled through mediation, but if not, your case will proceed to trial.
Dealing with Insurance Adjusters
Insurance adjusters are trained to minimize the amount of money their company pays out in claims. They may try to get you to make a recorded statement that can be used against you, or they may offer you a quick, lowball settlement. It is best to let your attorney handle all communications with insurance adjusters.
Compensation Available in Florida Rideshare Accident Cases
If you have been injured in a rideshare accident, you may be entitled to various types of compensation for your losses. These are known as damages, and they are intended to make you whole again after an accident.
Economic Damages You Can Recover
Economic damages are the tangible financial losses you have suffered as a result of the accident. These can include:
- Medical Expenses: This includes all past and future medical bills, such as hospital stays, surgeries, doctor’s visits, and physical therapy.
- Lost Wages: If you are unable to work due to your injuries, you can recover your lost wages.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same level of income, you can be compensated for your loss of earning capacity.
- Property Damage: This covers the cost of repairing or replacing your vehicle or any other personal property that was damaged in the accident.
Non-Economic Damages (Pain and Suffering)
Non-economic damages are the intangible losses you have suffered, such as:
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have experienced.
- Mental Anguish: This covers the psychological impact of the accident, such as anxiety, depression, and PTSD.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you can be compensated for your loss of enjoyment of life.
- Loss of Consortium: In some cases, a spouse may be able to recover damages for the loss of companionship and support.
Why Choose Pencheff & Fraley for Your Florida Rideshare Accident Case
Navigating the aftermath of a rideshare accident can be overwhelming. You need a legal team on your side that has the experience, resources, and dedication to fight for your rights. At Pencheff & Fraley, we have a proven track record of success in handling complex personal injury cases, including those involving Uber and Lyft. We understand the unique challenges of these cases and know how to hold negligent drivers and their insurance companies accountable.
We work on a contingency fee basis, which means you don’t pay us anything unless we win your case. Your initial consultation is always free, so you have nothing to lose by contacting us to discuss your case.
Conclusion
The laws and insurance policies governing rideshare accidents in Florida are complex and constantly evolving. If you have been injured in an Uber or Lyft accident, it is crucial to understand your rights and take the necessary steps to protect yourself. From seeking medical attention to preserving evidence and consulting with an experienced attorney, the actions you take after an accident can make a significant difference in the outcome of your case. The personal injury attorneys at Pencheff & Fraley are here to provide the guidance and representation you need to navigate this challenging time and secure the compensation you deserve.
Contact Pencheff and Fraley today for a free, no-obligation consultation. 904-770-4953 Our experienced Florida personal injury attorneys will review your case, explain your options, and help you make the best decision for your future. We understand the frustration you’re experiencing, and we’re here to provide the dedicated representation you deserve. Call us now or fill out our online form to take the first step towards better representation and a stronger case.
Looking for state-specific guidance? Read our detailed guide on How to start a personal injury claim in Ohio
Author: Pencheff and Fraley Legal Team
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.