Florida rideshare crashes can involve personal injury protection (PIP), the rideshare driver’s coverage, and liability insurance. Which policy applies depends on who was injured, the vehicle involved, and whether the driver was offline, waiting for a request, or on an accepted trip. A passenger should not assume that a claim always starts with the passenger’s own insurer.
How Florida PIP may apply after a rideshare crash
Florida PIP can pay eligible medical and disability benefits without first deciding who caused a motor vehicle crash. It has limits and conditions. For example, the law generally requires initial medical care within 14 days for medical benefits. The amount available for medical care can depend on whether an authorized provider determines that the person had an emergency medical condition. PIP does not itself pay for pain and suffering.
The correct PIP insurer is a fact-specific question. A rider may have coverage through a personal auto policy, a household policy, or coverage connected to the vehicle, depending on the circumstances and the statutory priority rules. A rider without a personal auto policy should not assume there is no possible PIP coverage. Report the crash promptly, keep the policy information, and have the available coverage reviewed before submitting a claim.
Why the driver’s app status matters
Florida has separate insurance requirements for transportation network company drivers. When a driver is logged into the app but has not accepted a ride, the required policy includes at least $50,000 in bodily injury liability coverage per person, $100,000 per incident, and $25,000 for property damage, along with required PIP and uninsured or underinsured motorist coverage. During an accepted ride, the statute requires at least $1 million in primary liability coverage, as well as the PIP and uninsured or underinsured motorist coverage required by law. An accepted ride begins when the driver accepts the request and ends when the last rider exits.
The required coverage can be provided by the driver, the rideshare company, or both. A personal auto policy may exclude coverage while the driver is using the app. The rideshare company’s policy does not have to wait for a personal insurer to deny a claim before responding when its coverage applies. If the driver was offline, the rideshare-specific requirements do not apply in the same way; the available personal policy and other facts must be reviewed.
Michael Serrano
Founding Attorney
Molli Gard, ESQ.
Attorney
PIP and an injury claim are different questions
PIP eligibility does not decide who caused the crash or whether an injured person has a liability claim. A claim for losses beyond PIP requires an analysis of fault, the available policies, and the damages. Exhausting PIP alone does not automatically create a claim against the rideshare company or its insurer. Florida also limits recovery of pain and suffering in many motor vehicle cases unless the injury meets a statutory threshold. The answer depends on the facts and the parties involved.
What to save after a rideshare accident
Get medical attention and report the crash. When safe, save the trip receipt, app screenshots showing the ride and driver, photographs, witness contact information, the police report number, and insurance details. The app status at the time of the crash can be central to coverage. Keep records of treatment, bills, and missed work, and avoid assuming that the first insurer contacted is the only insurer involved.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
How Serrano Law can help
Serrano Law can review the crash facts, identify potentially available insurance, and evaluate a Florida personal injury claim. A coverage review may involve the rider’s policy, the rideshare driver’s policy, the company-maintained policy, and another driver’s policy. Contact the firm to discuss what happened and what records to preserve.
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Case Results
Car Accident
This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniation in her neck and new disc herniation in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.
Rear End Collision
This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniation in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.
Car Accident
A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.
Car Accident
In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.
Intentional Torts
Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.
Car Accident
This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.
Truck Crash
This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.
Truck Crash
In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.
AttorneyFlorida State University College of Law, Tampa Bay Trail Lawyers Associations, Florida Justice Association, East Pasco County Bar, West Pasco County Bar, Hillsborough County Bar
Mr. Serrano has 20+ years of experience as a trial lawyer and counselor. He dedicates his practice to representing individuals and their families in cases involving serious personal injuries and employment disputes. Mr. Serrano is licensed to practice law in the State of Florida and in the Federal Courts for the 11th Circuit, in both the Middle and Southern District of Florida.
Areas of Expertise:
Car Accident, Bicycle Accident, Bus Accident, Motorcycle Accident, Rideshare Accident, Pedestrian Accident, Truck Accident, Personal Injury, Boat Accident, Product Liability, Slip and Fall, Traumatic Brain Injury, Wrongful Death
Martindale Hubbell AV Preeminent Lawyer Peer Rating Attorney and Practice Magazine’s Top 10 Attorney for Personal Injury, 2020 Top Ranked Lawyers, American Lawyer Magazine, 2020 Ten Best Attorney, American Institute for Personal Injury Attorneys for client service, 2019 AVVO Clients’ Choice Award, 2017