Can You Sue Uber or Lyft for an Accident in Florida? Why Insurance Usually Pays, and When the Company Can Be Sued
  • Home
  • Articles
  • Can You Sue Uber or Lyft for an Accident in Florida? Why Insurance Usually Pays, and When the Company Can Be Sued

You may be able to sue Uber or Lyft if the company’s own negligence contributed to your injuries or another legal basis for liability exists.

Florida law limits when a rideshare company can be held responsible for a driver’s crash. The law also requires insurance while drivers are logged in, with higher liability limits once a ride is accepted. You can pursue a covered insurance claim without suing the company itself.

If you booked the ride through Uber or Lyft, it makes sense to ask what responsibility the company has. When you’re hurt, missing work, and fielding calls from adjusters, you need a clear answer about who may be liable and which insurance may apply. Our guide to what to do after an Uber or Lyft accident covers the first days after the crash.

Suing the company is one part of a bigger picture, and our guide to who is responsible after an Uber or Lyft accident in Miami covers the rest.

Who Can Be Held Responsible after an Uber or Lyft Accident in Florida

A rideshare crash can involve several people and companies, each with a different role in the claim. The driver’s conduct, vehicle ownership, and the company’s own actions can affect liability. Insurance coverage is a separate question, and the policy that pays may come from someone other than the person you sue.

 

Who Their role in the claim Potential source of payment
The rideshare driver May be liable if their careless driving caused the crash Applicable rideshare liability coverage, or personal liability coverage when the app was off
Another driver May be liable if their driving caused the crash That driver’s liability coverage and any applicable uninsured or underinsured motorist coverage
The vehicle’s owner May share liability for a driver’s negligence when they allowed use of the car Applicable coverage for the owner or driver
Uber or Lyft May face liability for its own negligence or another legally supported claim Applicable company insurance or company assets
A liability insurer Handles covered claims; generally not named in the initial lawsuit Available coverage, subject to policy terms and limits

The Rideshare Driver Who Caused the Crash

The driver who ran the light or rear-ended the car ahead is responsible for that driving, just like any other Florida motorist. When the rideshare driver caused the crash, a claim against that driver is a starting point. The applicable coverage depends on what the driver was doing in the app at the time. Florida’s rideshare law, Section 627.748, requires insurance for any driver who’s logged in, and higher liability limits once a ride has been accepted.

Another Driver Who Hit the Uber or Lyft

When another motorist caused the crash, your liability claim generally starts with that driver and any applicable insurance. Uninsured and underinsured motorist coverage may help if that driver has no insurance or insufficient coverage. Availability depends on the policies in effect and any valid rejection of coverage, so check the rideshare policy and your own auto policy.

Why Florida Law Limits Claims Against Uber and Lyft

You may be told that the driver is an independent contractor and the company has nothing to do with your claim. Contractor status can affect liability, but it doesn’t remove the insurance requirements. Two parts of the statute address separate questions: the driver’s working relationship with the company and the conditions that limit the company’s responsibility for a driver’s crash.

Florida Law Treats Rideshare Drivers as Independent Contractors

Under Section 627.748, a rideshare driver is an independent contractor rather than an employee when four things are true:

  • The company doesn’t set specific hours the driver must be logged in
  • It doesn’t stop the driver from working for other rideshare apps
  • It doesn’t restrict the driver from other work
  • It has a written agreement with the driver saying so

When Florida Law Limits Uber or Lyft’s Liability for a Driver’s Crash

Florida law limits a rideshare company’s responsibility for a driver’s crash while the driver is logged in when all three conditions below are met:

  • The company itself did nothing negligent under the statute and nothing criminal
  • The company did everything the law requires of it for that driver
  • The company neither owns the car nor holds it as a bailee, meaning the car has been entrusted to its possession

If all three conditions are met, the shield generally bars liability based solely on the company’s connection to the driver or app. If a condition is missing, you still need to establish a legal basis for holding the company responsible.

The Liability Shield Does Not Reduce Required Insurance Coverage

The shield leaves the required insurance coverage and the driver’s own liability intact. If the driver’s insurance has lapsed or fails to provide the required coverage, the company’s policy must provide that coverage from the first dollar of a covered claim. The insurer must also defend the covered claim. What you can recover still depends on liability, your losses, and the applicable coverage.

How Injured People Usually Get Paid without Suing the Company

You can pursue insurance compensation without obtaining a judgment against Uber or Lyft. The available coverage, the parties named in a lawsuit, and the rules for recovering damages determine how the claim proceeds.

Required Liability Limits Depend on the Driver’s App Status

Section 627.748 requires bodily injury liability limits of at least $50,000 per person and $100,000 per crash while a driver is logged in and waiting. From ride acceptance until the last passenger exits, it requires at least $1 million combined for injury, death, and property damage. The driver, vehicle owner, company, or a combination of all three can provide the coverage. The company’s insurer cannot require a denial from the driver’s personal insurer first.

Our guide to who pays after an Uber or Lyft accident in Florida explains the three app stages and how you prove which one applied.

You Can Make an Insurance Claim Before Filing a Lawsuit

You can submit a claim to the at-fault party’s liability insurer and negotiate a settlement before filing suit. Under Section 627.4136, you generally must obtain a covered settlement or verdict against the insured person before suing that person’s liability insurer. Claims for benefits under your own coverage follow different rules.

When Florida’s Injury Threshold Limits Pain and Suffering Claims

Personal injury protection (PIP) may cover part of your medical bills and lost income, depending on the coverage available to you. When Florida’s no-fault injury threshold applies, you must meet Section 627.737 to recover pain-and-suffering damages: a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Medical expenses and lost income not covered by PIP are separate from pain-and-suffering damages. An attorney can assess which requirements apply to your claim.

How Shared Fault and Filing Deadlines Affect Negligence Claims

Under Section 768.81, your share of fault generally reduces your negligence damages. If you are more than 50% responsible for your own harm, you generally cannot recover damages on that negligence claim. You must usually file a negligence lawsuit within two years under Section 95.11. Insurance-contract claims can have different deadlines, and exceptions may affect the filing date.

When You Can Sue Uber or Lyft Directly in Florida

The liability shield has conditions, and the rideshare statute imposes specific duties on companies. A claim based on the company’s own negligence requires evidence that its conduct contributed to your injury. The screening rules also preserve claims otherwise available under Florida law.

When the Company Approved a Driver It Was Required to Reject

Section 627.748 requires a rideshare company to run a criminal background check and a driving history report before letting a driver on the app, and to repeat the background check every three years. Among other disqualifiers, the company can’t approve a driver who:

  • Has more than three moving violations in the past three years
  • Has a felony, DUI, reckless driving, hit-and-run, or fleeing conviction in the past five years
  • Has a conviction for driving with a suspended or revoked license in the past three years
  • Appears on the national sex offender registry
  • Has no valid license or vehicle registration

If a driver who should have been rejected caused your crash, the company’s screening records may help establish a claim. The case still needs to connect the company’s screening failure to your injury, so those records are worth requesting early.

When the Company’s Own Negligence or Criminal Conduct Played a Part

The statute requires a zero-tolerance policy on drug and alcohol use by drivers on the network. When a rider reports a suspected violation, the company must suspend the driver’s access to ride requests as soon as possible and investigate. If the company ignored those duties and that failure contributed to your injury, its own conduct may support a claim.

How Vehicle Ownership and Driver Status Affect Company Liability

The liability shield excludes a company that owns the vehicle or holds it as a bailee. Driver classification is a separate question. Failing the statutory contractor test does not, by itself, establish company liability; you still need to examine the working relationship and the shield’s conditions.

Frequently Asked Questions About Suing Uber or Lyft in Florida

Do I have to sue Uber or Lyft to reach the $1 million coverage?

Generally, no. You can pursue a covered claim against the driver without suing Uber or Lyft or waiting for the driver’s personal insurer to deny it. Payment depends on fault, covered losses, and policy limits.

Someone else hit the Uber or Lyft I was riding in. Who do I claim against?

Your liability claim generally starts with the driver who caused the crash and any applicable insurance. Uninsured or underinsured motorist coverage through the rideshare policy or your own auto policy may also help, if available. Our guide to being injured as a passenger in an Uber or Lyft explains the passenger side of the claim.

Can I sue Uber or Lyft if the driver was off the app?

If the driver was logged out and driving for personal reasons, the rideshare company generally isn’t part of the case, and the coverage required for app-based driving does not apply. You would usually pursue the at-fault driver and any applicable personal liability coverage, as in another Florida crash. Our Miami car accident lawyers handle those cases as well.

Talk to Stabinski Law About Whether Uber or Lyft Belongs in Your Claim

Tell us how the crash happened and what the insurers have told you. Our rideshare accident lawyers handle Uber and Lyft injury claims in Miami and throughout Florida. We can review who may be responsible, which policies may apply, and whether there is a basis for a claim against the company itself.

Stabinski Law has represented injured people in Florida since 1970, through two generations of the same family. You can expect personal attention from an attorney: an attorney reviews your inquiry and explains your options in plain language. Our bilingual attorneys and staff can discuss your questions, documents, and next steps in Spanish.

Consultations are free. If we accept your case on a contingency-fee basis, you pay no attorney’s fees upfront. Your written agreement explains our fee from any recovery and how we handle case costs. Contact Stabinski Law or call 305-643-3100 to discuss what happened and ask about your legal options.

Categories

Decision Are A Professional Attorney & Lawyers Services Provider Institutions. Suitable For Law Firm, Injury Law, Traffic Ticket Attorney, Legacy And More.

Contact Info

Follow Us