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Uber, Lyft & Rideshare Accidents

If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez at 813-755-9500
Uber, Lyft & Rideshare Accidents

Rideshare Car Accident Injury Attorney in Tampa and Brandon, Florida

Ridesharing upended the traditional taxi industry throughout the nation and Tampa, Florida, is no exception. Although Hillsborough County tried to keep taxi companies alive, Floridians now call Uber or Lyft to take them to the airport or home from a night out more than driving themselves. 

Pros for Rideshare

Calling a rideshare like Uber and Lyft has numerous benefits, from relatively low cost, ability to track where your ride is, to the convenience of never worrying about finding a place to park or making a bad decision after having a few drinks.  Nowadays, it may be cheaper than paying for parking!

Cons for Rideshare

Ridesharing, unfortunately, also has downsides. One of the most frequent problems is when the rideshare driver failed to notify his personal insurance carrier that he uses his vehicle for work purposes. If they did not know, the personal carrier can claim that they do not need to pay.  Also, driver experience is always a problem. Specifically, you do not know anything about the driver’s actual ability to drive safely.  Rides can end in accidents that injure or kill riders and others. For example, recently I was in a rideshare that immediately honked the horn at the car in front as soon as the light turned green.  I forewarned him not to do that in Florida. 

Uber and Lyft Accidents in Florida

Rideshare Accidents in Tampa, Carrollwood, Brandon & Riverview, Florida

Ride-sharing services like Uber and Lyft are a popular and convenient way to get around town quickly for a reasonable rate. However, rideshare auto accidents can and do occur, either from the driver’s negligence, or caused by another vehicle.  We recently had a case where 2 different Lyft drivers collided with each other and they each blamed each other for running the red light!

If you or a loved one has been injured while riding as a passenger of an Uber or Lyft driver, or if you were involved in a crash with an Uber or Lyft driver, you could be entitled to compensation for your injuries and recovery time. 

Our team of Tampa rideshare accident attorneys at Martin J Hernandez, PA can help. 

Call or Text (813) 755-9500 to speak with an injury lawyer. Consultations are free and confidential.

Why You Need an Attorney After a Rideshare Accident 

The biggest problem in filing a Rideshare claim is that at the time of the accident you may or may not know that the at-fault party was actually driving for Uber or Lyft or “on the clock” for them.  If the at-fault driver was “on the clock” then the employer is primarily “on the hook” for the accident and not the driver and this is NOT on the crash report.  It takes an experienced lawyer to find to ask the right questions.

How Much Insurance Coverage Do Rideshare Companies Maintain?

Major rideshare companies such as Uber and Lyft have million-dollar liability policies to cover their drivers, passengers, and third parties. However, these accident cases can be very complex as they might involve up to three insurance groups – the driver’s private insurance, the rideshare company’s liability policy, and the other driver’s insurance. Also, if you were involved in the auto accident not as a passenger, but while driving your own vehicle, then your private insurance would be involved as well.

Once the accident has occurred, it is vital that you or your loved one seek medical attention as soon as possible. It will also be important to document as many details about the car crash as you can recall. We highly recommend that you refrain from speaking with any insurance companies or adjusters until you’ve had the opportunity to meet with your own legal counsel. The insurance company will not have your best interests at heart during this process, so it’s important to ensure that you are protected by an attorney who does.

Ride Sharing Insurance Requirements in Florida

Most Florida motorists should know that Florida is a no-fault state, which means that anyone who registers a car here must carry, among other coverages, a minimum amount ($10,000) of personal injury protection (PIP) coverage to pay their own medical and disability-related expenses in the event of getting hurt in a motor vehicle accident, regardless of who bears fault for the accident.

PIP coverage applies to accidents those motorists get into while they are behind the wheel, riding as passengers in someone else’s car, and even if they get hit by a car while riding a bike or crossing the street on foot.

Ridesharing drivers, who use their personal vehicles to give rides arranged by an app, must carry the same insurance. 

However, since 2017, Florida law has required those drivers to carry additional insurance coverages that apply during two distinct intervals of time:

  • For times when the driver is logged-on to a ridesharing app, the driver must carry “primary automobile liability coverage of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage”;
  • For times when the driver is engaged in a prearranged ride, the driver must carry “primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage.”

Most personal auto insurance policies do not provide this supplemental coverage. Rather, ridesharing companies like Uber and Lyft typically provide the coverage to drivers as part of certifying them as drivers for those companies.

For example, Uber currently provides:

When the Uber app is turned OFF: In these instances, only the driver’s personal auto insurance can be used. As they are not technically on the job, Uber cannot be held responsible for damage caused in an accident.

When the Uber app is turned ON and the driver is available or waiting for a ride request: Both the driver’s personal insurance and Uber’s insurance coverage can be used, which includes up to $50,000 to $100,000 for injuries, and $25,000 for property damage.

When the Uber app is turned ON and the driver is in-route: The company’s commercial insurance coverage is provided, including up to $1 million in third-party responsibility and $1 million in uninsured or underinsured motorist coverage. Uber maintains the following auto insurance policy in the case of a covered accident:

  • $1,000,000 third-party responsibility
  • Contingent comprehensive and collision –Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)

What do these varying levels of coverage mean for injured accident victims and others who get hurt in incidents involving a rideshare? A lot, potentially. For one thing, the amount of insurance money potentially available to pay a claim may depend on the somewhat arbitrary distinction between a driver who is logged-on to an app but has not yet found a fare, and one who has connected with a ride request. For another, because rideshare drivers frequently drive for multiple rideshare services, the insurance available may depend upon evaluating which service a driver was logged-on to at any given moment.

Suing Ridesharing Companies

Florida law mandating larger insurance coverages for ridesharing drivers certainly helps keep rideshare passengers and other motorists safe. However, questions often arise about whether ridesharing companies themselves should face liability for injuries caused by their drivers’ actions. For now, that remains a heated legal issue.

On one hand, ridesharing companies insist that their drivers qualify as independent contractors under state labor laws, which would typically absolve the companies of any legal responsibility for the drivers’ conduct.

How Martin Hernandez Law Can Help 

To help you or your loved one navigate the complexities of rideshare auto accidents, and to ensure you receive the compensation you deserve for your injuries, your best bet is to contact a knowledgeable personal injury attorney who has experience in rideshare auto accidents. 

To date, Legally Pink Law has handled thousands of car accident cases and has recovered tens of millions of dollars for our clients. Carolyn Salzmann, founding partner of the firm, is an award-winning personal injury attorney who also has an engineering degree. With her combination of legal and mechanical knowledge, we can build a strong case in favor of maximum compensation for your pain and suffering. 

For your convenience, we are available 24/7 and accept rideshare accident cases on a contingency fee basis. This means you won’t be asked to pay any upfront fees or out-of-pocket expenses. Rather, we’ll only charge once the case has been successfully settled, taking a small percentage of the overall settlement amount awarded to you. 

Rideshare Tampa Personal Injury Attorney | Rideshare Auto Accident Injury Lawyer

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Tampa Auto Accident Injury Lawyer | Martin J Hernandez, Esq.

If you have been injured in any kind of accident, your personal injury lawyer with the law firm of Martin J. Hernandez will guide you every step of the way. Call or Text us now at 813-755-9500


Martin J. Hernandez Firm’s lawyers handle personal injury cases throughout the entire Tampa, Temple Terrace, South Tampa & West Tampa area. Areas we service include Carrollwood, Northdale, Town ‘n’ Country, Brandon, Plant City, Seffner, Dover, Valrico, Riverview, West Tampa, West Chase, Hyde Park, Culbreath, West Shore, Palma Ceia, Gulfview, 33635, 33615, 33634, 33626, 33625, 33508, 33509, 33510, 33511,33568, 33569, 33578, 33579 & all of Hillsborough County and the state of Florida.

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