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Rideshare services, such as Uber and Lyft, can be a great way to get around in South Florida, but who is responsible for your injuries if you get into rideshare accidents? What if a rideshare driver hits your vehicle? Liability issues in rideshare accidents are a little more complicated than other types of car crashes, so it’s essential to understand the answers to these questions before catching a ride. In this blog post, we will cover rideshare accidents and what to do if you’re involved in one.
Florida law categorizes rideshare corporations, such as Uber and Lyft, as “transportation network companies,” also known as TNCs. Florida law also requires that TNCs carry a minimum of $1 million in both commercial liability and Uninsured/Underinsured Motorist (UM/UIM) insurance. So, if your Uber or Lyft driver causes an accident, then the rideshare company’s liability insurance will usually cover your damages as an injured passenger if the driver was at fault. However, if the other driver is at fault, you should pursue a claim against the other driver’s liability insurance, just like you would as a passenger in a non-rideshare vehicle. If the at-fault driver does not have insurance or is underinsured, then the rideshare company’s UM/UIM policy would typically reimburse you for your injuries.
Which Insurance Coverage Applies If A Rideshare Driver Hits Me?
If you are driving or riding in a vehicle involved in an accident caused by an Uber or Lyft driver, then you can pursue a claim against them. However, liability for your injuries will depend on the rideshare driver’s status at the time of the accident. The driver’s status can fall into three different categories: driving with the app off and with no passenger, waiting for a trip assignment with the app on, actively driving a passenger or en route to pick one up. The applicable insurance coverage will vary based on which category applies to the driver when the crash occurred.
Driving With The App Off And With No Passenger
If the Uber or Lyft driver did not have the app on when the accident occurred, then the crash is considered to have happened outside the scope of their rideshare services. This means that it will be treated just like a regular car crash, and the driver’s personal liability insurance will be responsible.
Waiting For A Trip Assignment With The App On
If the Lyft or Uber driver had the app on and was waiting for a ride to be assigned at the time of the crash, then the rideshare company’s contingent coverage should kick in. California law requires minimum contingent coverage of $50,000 per person, $100,000 per accident, and $30,000 in property damage.
Actively Driving A Passenger Or En Route To Pick One Up
If the accident occurred while the Uber or Lyft driver is carrying a passenger or they have accepted a trip and are on the way to pick up the fare, then the rideshare company’s $1 million commercial liability policy would be responsible.
Car Accident Attorneys in Miami & Broward
There are many different types of personal injury cases. Car accidents are among the most common types of injury or tort cases. Apart from experience, it is also important to find an attorney who has the skills and experience needed to resolve your car accident claim. The car accident lawyers at Juan Cordero Lawyers are ready to provide you with top-notch legal services. We take all types of personal injury matters including motor vehicle accidents involving trucks, government vehicles, cars, motorcycles, motorcycles, ATVs, pedestrians, etc. We have the tools and legal experience and would like to put it to work for you! At Suarez and Montero, we would like to help our clients focus on recovering from their injuries while we focus on protecting their legal rights under the law. Our personal injury lawyers are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead,
Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
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