How much insurance covers an Uber or Lyft crash in Florida?
It depends on the app status at the time of the crash. During a ride, at least $1 million. Logged on and waiting, at least $50,000 per person and $100,000 per crash. Logged off, only the driver's personal policy.
- Ride accepted, through drop-off: at least $1 million in primary liability coverage for death, bodily injury, and property damage, plus PIP and uninsured motorist coverage. § 627.748(7)(c). The ride begins when the driver accepts the request and ends when the last rider exits the car. § 627.748(1)(b).
- Logged on, waiting for a ride: at least $50,000 per person and $100,000 per crash for bodily injury, $25,000 for property damage, plus PIP and uninsured motorist coverage. § 627.748(7)(b).
- Logged off: the driver's own personal auto policy, if any.
The coverage can come from the driver, the rideshare company, or both. If the driver's coverage has lapsed or doesn't meet the requirements, the company's insurance must cover the claim from the first dollar. § 627.748(7)(d).
How do you prove whether the driver was on a trip?
Florida law requires the rideshare company to provide the driver's log-on and log-off times for the 12 hours before and after the crash when asked during a claim investigation.
§ 627.748(8)(d). Drivers must also carry proof of coverage, share it after a crash, and say whether they were logged on or on a ride when asked. § 627.748(7)(h). I request this information immediately, along with trip records and any in-app data.
Can I sue Uber or Lyft, or only the driver?
Your claim is always against the driver, and the rideshare insurance covers that driver for at least $1 million during a trip. Florida law limits suing the company just for being the company, but it can still be sued for its own negligence.
Florida's rideshare statute requires the company to make sure the coverage above is in place. It then says a rideshare company is not liable merely because it runs the app or is affiliated with the driver, as long as the company itself was not negligent, followed the statute's requirements for that driver, and does not own the car. § 627.748(18)(a). In plain terms, you cannot sue Uber or Lyft just because their driver hit you. You can pursue the driver, and the required insurance stands behind the driver.
When the injuries are worth more than the policy, I look for ways to reach more coverage. That means looking for negligence by the company itself, such as:
- Hiring a driver it shouldn't have. The statute requires criminal background checks and a driving history report before a driver is approved, and rechecks every three years. It bars drivers with more than three moving violations in three years, recent DUIs, reckless driving, and other listed offenses. § 627.748(12).
- Keeping a driver it should have removed after complaints, violations, or warning signs.
- A defect in the app itself, for example in how it directs or distracts drivers, where the facts support it.
Expect the company to push back. It may argue that you agreed to arbitration in its terms of service when you signed up for the app, which would keep your case out of court. Whether that agreement applies to your claim, and whether it can be enforced, depends on the facts and on who you were in the crash.
Rideshare claims involve layered insurance, a statute written to protect the companies, and arbitration fights. You need an attorney who will work through those issues, not a case manager who takes the adjuster's word for what coverage exists and what the claim is worth. Insurers know which files pose a real risk to them. Stuck with a case manager?
Can I make a claim if I was a passenger, another driver, or a pedestrian?
Yes. The rideshare coverage protects people hurt by the rideshare driver, including passengers, occupants of other cars, cyclists, and pedestrians.
If you were a passenger and another driver caused the crash, the claim may be against that driver, with the rideshare policy's uninsured motorist coverage as a backstop if the other driver had little or no insurance. Your own PIP generally still pays first for medical bills.
What if I was hit by a delivery driver?
It depends on who the driver works for. Drivers for delivery companies with their own fleets are usually covered by commercial policies. App-based delivery drivers using their own cars are a different situation.
For drivers in company vans or trucks, the business and its commercial insurer are usually responsible. See commercial vehicle crashes. For app-based drivers in personal cars, coverage depends on the company's policy and the driver's own insurance, and some personal policies exclude delivery use. Your own uninsured motorist coverage can matter a great deal here.
Common questions
Can I sue Uber or Lyft directly?
Not just for being the driver's company. Florida law limits that. Fla. Stat. § 627.748(18)(a). But the company can be sued for its own negligence, such as approving or keeping a driver the statute disqualifies, and the driver is covered by at least $1 million in insurance during a trip.
Did I give up my right to sue when I accepted the app's terms?
The company may argue that you agreed to arbitration. Whether that agreement covers your claim and can be enforced depends on the facts, including whether you were a rider, another driver, or a pedestrian. Don't assume it ends your case.
I was the Uber driver and someone hit me. What coverage do I have?
You may have a claim against the at-fault driver, plus the uninsured motorist coverage required while you are logged on or on a trip. Your own PIP also applies.
How long do I have?
For most crashes on or after March 24, 2023, two years for the negligence claim. Fla. Stat. § 95.11(5)(a).
This page is general information about Florida law, not legal advice for your situation.