Yes, but the answer depends on which insurance policy applies, what the driver was doing at the time of the accident, and whether Uber or Lyft bears any direct liability beyond their mandatory insurance coverage. Rideshare accident claims are more complex than standard car accident cases because of the layered insurance structure that Florida law requires.

At Bozanic Law, we represent rideshare accident victims in Broward County and Miami-Dade County. Whether you were a passenger, another driver, or a pedestrian injured in a crash involving an Uber or Lyft vehicle, you have legal options.

How Does Florida’s Rideshare Insurance System Work?

Florida Statute § 627.748 governs insurance requirements for Transportation Network Companies (TNCs) like Uber and Lyft. The law creates a three-phase insurance framework tied to the driver’s app status at the moment of the crash.

Phase 1: App on, waiting for a ride request. The TNC must provide contingent liability coverage of at least $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage. This coverage kicks in if the driver’s personal auto insurance does not apply (most personal policies exclude commercial rideshare activity).

Phase 2: Ride accepted, en route to pickup. The TNC must provide $1 million in primary liability coverage for death, bodily injury, and property damage. PIP and UM/UIM coverage are also required.

Phase 3: Passenger in the vehicle through drop-off. The same $1 million in primary liability coverage applies throughout the active trip, along with UM/UIM coverage.

App off. When the driver is not logged into the rideshare app, only their personal auto insurance applies. The TNC has no insurance obligation.

The phase the driver was in at the exact moment of impact determines which insurance policy you file against and how much coverage is available.

Can You Sue Uber or Lyft Directly?

This is the critical question, and the answer is limited. Uber and Lyft classify their drivers as independent contractors, not employees. This classification generally shields the companies from vicarious liability (the legal principle that holds employers responsible for employees’ actions).

However, there are circumstances where the companies may be directly liable:

Negligent hiring or retention. If Uber or Lyft failed to conduct a proper background check and hired a driver with a disqualifying criminal history or driving record, the company may be liable for negligent hiring. The same applies if the company failed to remove a driver after learning of dangerous behavior.

Negligent maintenance of the platform. If defects in the app contributed to the accident (for example, routing errors that caused the driver to make a dangerous maneuver), there may be a claim against the company.

Insurance coverage claims. Even when you can’t sue Uber or Lyft for the driver’s negligence directly, you can pursue claims against the company’s insurance policies. The $1 million policy during active trips is maintained by the TNC, and claims are filed against that policy regardless of the driver’s independent contractor status.

What Compensation Can You Recover?

If your injuries meet Florida’s serious injury threshold under § 627.737, you can sue for:

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life

With up to $1 million in coverage available during active trips, rideshare accident claims can provide substantial compensation for serious injuries.

What Should You Do After a Rideshare Accident?

Screenshot your trip status. If you were a passenger, take a screenshot of the active trip in the app before closing it. This time-stamped evidence confirms the driver was in Phase 2 or 3, triggering the $1 million coverage.

Seek medical treatment within 14 days. This protects your PIP benefits under § 627.736.

Do not give a recorded statement to Uber’s or Lyft’s safety team without speaking to an attorney. These corporate teams work to limit the company’s liability, not to help you.

Report the accident to your own insurer. Your PIP coverage is the first line of payment for medical expenses, regardless of fault.

Contact a personal injury attorney. Determining which insurance policy applies, obtaining app data and GPS records, and filing claims against the correct parties requires legal experience with Florida’s rideshare laws.

What Is the Deadline to File a Rideshare Accident Claim?

The statute of limitations for personal injury claims in Florida is two years from the date of the accident under § 95.11. This deadline applies whether you were a passenger, another motorist, or a pedestrian.

Pursuing Rideshare Accident Claims in South Florida

At Bozanic Law, we handle Uber and Lyft accident cases throughout Broward County and Miami-Dade County. We subpoena app data and GPS records to establish the driver’s phase at the time of the crash, identify all available insurance coverage, and pursue maximum compensation from every liable party.

If you’ve been injured in a rideshare accident, contact Bozanic Law to discuss your case.

No Panic, Call Bozanic!