Rideshare and delivery vehicles are on every street in South Florida. When one of them causes a crash, the insurance rules depend on what the driver was doing at that exact moment: waiting for a ride, driving a passenger, or making a delivery. Miami rideshare accident lawyer Tomas Robirosa helps passengers, other drivers, pedestrians, and cyclists in Miami-Dade, Broward, and Palm Beach counties sort out who pays. Se habla español.
What to Do After a Rideshare or Delivery Accident
Get medical care right away. Under Florida’s no-fault law, your Personal Injury Protection (PIP) benefits generally pay only if you receive initial medical treatment within 14 days of the crash. Every case is different, so speak with an attorney to confirm how this applies to you.
If you are able to do so safely:
- Call 911 and ask for a police report.
- Take screenshots of the ride or delivery in the app: the trip receipt, driver name, vehicle, and time. If you were in another car, ask the driver which app they were using and whether they had a ride or order.
- Photograph the vehicles, any rideshare or delivery sticker, license plates, the scene, and your injuries.
- Get the names and phone numbers of witnesses.
- Report the crash in the app, but do not give a recorded statement to any insurance company before speaking with a lawyer.
Types of cases we handle
- Uber and Lyft passengers injured in a crash.
- Drivers, pedestrians, and cyclists hit by a rideshare driver.
- Crashes with DoorDash, Uber Eats, Instacart, and other food and grocery delivery drivers.
- Crashes involving Amazon and package delivery vans.
- Accidents involving car-share and peer-to-peer rental vehicles.
Common Rideshare Accident Injuries
- Neck and back injuriesPassengers in the back seat are often thrown forward in a crash.
- Head injuriesConcussions can occur from striking seats, windows, or the vehicle frame.
- Broken bonesArms, legs, and ribs are frequently injured.
- Injuries to pedestrians and cyclistsDelivery drivers in a hurry are a common danger on neighborhood streets.
Who Pays After a Rideshare or Delivery Crash in Florida?
Uber and Lyft: coverage depends on the app status
Florida’s transportation network company law (section 627.748, Florida Statutes) sets minimum insurance for rideshare drivers:
- App offthe driver’s personal auto policy usually applies.
- App on, no ride acceptedat least $50,000 per person and $100,000 per incident for bodily injury, and $25,000 for property damage.
- Ride accepted or passenger in the carat least $1 million for death, bodily injury, and property damage.
Food and package delivery
The rideshare insurance law covers passenger rides, not deliveries. Coverage for DoorDash, Uber Eats, Instacart, and similar drivers depends on the company’s policies, whether the driver was on an active order, and the driver’s own auto insurance, which may exclude business use. Package delivery vans may involve the delivery company, a contracted delivery service, and their insurers. We request the policies and identify every source of coverage.
PIP comes first
As in any Florida car accident, PIP generally pays first for medical bills and lost wages up to your policy limits. To recover pain and suffering from the at-fault party, Florida law generally requires a significant and permanent injury, significant and permanent scarring or disfigurement, or death.
Deadlines and shared fault
For most negligence claims arising after March 24, 2023, the statute of limitations is generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you. Florida uses modified comparative negligence: if you are more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
Florida Law at a Glance- See a doctor within 14 days: in a motor vehicle crash, Personal Injury Protection (PIP) benefits generally require initial medical treatment within 14 days. Every case is different, so speak with an attorney to confirm how this applies to you.
- Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
- Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
Hurt in an Uber or Lyft in Hallandale Beach? See our Hallandale Beach Uber and Lyft accident lawyer section for local details.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
How much insurance does an Uber or Lyft driver have in Florida?
Florida law requires at least $1 million in coverage for death, bodily injury, and property damage while the driver is engaged in a prearranged ride. When the driver is logged into the app but has not accepted a ride, lower minimums apply: $50,000 per person and $100,000 per incident for bodily injury, and $25,000 for property damage.
I was a passenger in an Uber or Lyft. Who pays my medical bills?
In Florida, medical bills are usually paid first through Personal Injury Protection (PIP), often your own or a household member’s policy. If your injuries are serious, you may also have a claim against the at-fault driver and the applicable rideshare insurance.
Can I sue DoorDash, Uber Eats, or Instacart after a delivery driver hits me?
It depends on the facts, including whether the driver was on an active delivery and what insurance the company and the driver carried. Delivery apps are not covered by the same Florida rideshare insurance law that applies to passenger rides, so each case needs a careful review of the policies.
How long do I have to file a claim?
For most negligence claims arising after March 24, 2023, Florida’s statute of limitations is generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you. Talk to a lawyer as soon as possible.
Can I speak to the lawyer in Spanish?
Yes. Tomas Robirosa and our team speak Spanish and English.
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