What if the Rideshare Driver Doesn’t Have the App On at the Time of the Accident in Florida

If you’ve recently been involved in a rideshare accident in Florida and the driver didn’t have the app on when the accident occurred, you may be feeling uncertain about what to do next. At Serrano Law, we understand that these situations can be confusing and overwhelming. It’s normal to feel worried, especially when you are trying to navigate the aftermath of an accident that wasn’t your fault. You may wonder if the lack of the app being on affects your ability to recover damages or get compensation for your injuries. We are here to guide you through this process and help you understand what steps to take.

Understanding Rideshare Insurance Coverage

Rideshare accidents are unique in that they involve different insurance policies compared to regular car accidents. In Florida, the rideshare company (like Uber or Lyft) provides insurance coverage, but this coverage depends on whether or not the driver has the app on and is actively working.

When a rideshare driver is using the app and available to accept rides, their insurance is typically active, and the rideshare company’s policy should cover any accidents. However, when the driver does not have the app on, the situation changes, and the insurance coverage may not apply in the same way.

If the driver wasn’t using the app at the time of the accident, they might be considered just a regular driver. In that case, the accident might fall under their personal car insurance, which could lead to complications when it comes to seeking compensation.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What Happens When the App Is Off

When the rideshare app is off, it’s important to understand that the driver is not considered to be working for the rideshare company at the time of the accident. This means the rideshare company’s insurance policy may not be activated. The driver’s personal auto insurance would become the primary source of coverage.

Unfortunately, this doesn’t always guarantee that you’ll be able to collect compensation for your injuries right away. Depending on the details of the driver’s personal insurance policy, you may face challenges in recovering damages. Many personal auto insurance policies do not cover accidents that occur while the driver is using their car for business purposes, like ridesharing. This can make it difficult for victims to receive compensation for medical expenses, lost wages, or pain and suffering.

What to Do if the App Was Off During the Accident

If the rideshare driver’s app was off at the time of the accident, there are still steps you can take to protect your rights and pursue compensation. First, it’s crucial to gather as much information as possible. This includes details of the accident scene, police reports, witness statements, and medical records. All of this evidence will be essential when it comes to proving your case and showing that the driver was at fault.

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

While the rideshare company’s insurance might not be available, you can still seek compensation through other means. If the driver was at fault, their personal auto insurance should be held responsible. However, as mentioned earlier, this can be more complicated because the driver might not have the proper coverage.

If the driver’s personal insurance does not cover the damages, you may need to explore other options. This could include filing a claim with your own insurance company, depending on the specifics of your policy. In Florida, drivers are required to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and lost wages regardless of who was at fault in the accident.

However, PIP may not be sufficient to cover all of your expenses, especially if the accident caused significant injuries. In such cases, pursuing a personal injury lawsuit against the driver might be your next step. While this may be a challenging process, it’s important to remember that you have legal rights, and there are avenues available to seek compensation for your injuries.

The Importance of Legal Representation in Rideshare Accident Cases

Navigating the legal aspects of a rideshare accident can be complex, especially when the driver wasn’t using the app at the time of the crash. Having an experienced attorney on your side can make a significant difference in the outcome of your case. An attorney can help you understand the insurance policies involved, gather the necessary evidence, and ensure that your rights are protected throughout the process.

If you’ve been involved in a rideshare accident and the driver wasn’t using the app, you may be unsure about your next steps. This is where the support of a knowledgeable attorney can make a significant difference. At Serrano Law, we understand the intricacies of these cases, and we are committed to helping you get the best possible result. We will work tirelessly to investigate your case, deal with the insurance companies, and fight for the compensation you deserve.

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Understanding the Challenges in Rideshare Accident Cases

The complexities involved in rideshare accident cases are heightened when the driver’s app is off during the incident. One of the main challenges is determining whose insurance will cover your injuries. While the rideshare company’s insurance policy generally covers accidents that happen while the app is on, there’s no straightforward solution when the app is off. If the driver’s personal insurance refuses to cover the incident due to the nature of the ride, you may have to rely on your own insurance or pursue a lawsuit against the driver. This makes the process longer and more stressful for the victims, who are already dealing with physical and emotional recovery.

In addition, rideshare companies may attempt to avoid responsibility by claiming the driver was not on the job at the time of the accident. This can be frustrating, especially when you’re facing significant medical expenses or lost wages. While rideshare companies often have insurance policies that provide coverage in certain situations, they may try to use technicalities to deny your claim. Having legal representation ensures that you are not left to navigate these obstacles on your own and that the company cannot take advantage of you during an already challenging time.

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 herniations in her neck and new disc herniations 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 herniations 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.

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The Impact of Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, meaning that drivers are generally required to carry Personal Injury Protection (PIP) coverage. PIP is designed to cover medical bills, lost wages, and other essential expenses, regardless of who caused the accident. However, this system has its limitations, especially in cases involving rideshare drivers without the app on. If your injuries are severe and PIP doesn’t cover all your expenses, you might find yourself in a difficult position. In these cases, having an experienced attorney can help you explore other avenues for compensation, such as pursuing a claim against the driver’s personal insurance or filing a lawsuit.

PIP can be particularly challenging in rideshare accident cases because it is not always enough to cover the full extent of the injuries sustained. For example, if you’ve suffered a serious injury like a broken bone or a traumatic brain injury, your medical expenses may exceed what PIP can cover. This is why it’s crucial to have legal counsel to help you determine if you can pursue additional compensation from the driver or other parties involved in the accident. Legal professionals can also assist with gathering evidence that proves the full extent of your injuries and the impact on your life.

If you’ve been in a rideshare accident in Florida and are dealing with the challenges of a driver who wasn’t using the app at the time of the accident, we are here to help. The legal team at Serrano Law can guide you through the process and help you understand your options. We know that this situation can be frustrating, but you don’t have to face it alone. Our team is dedicated to helping you recover compensation for medical bills, lost wages, pain, and suffering, and any other losses you have experienced due to the accident.

It’s important to take action quickly to ensure that your rights are protected and that you don’t miss any critical deadlines. Our firm is here to provide you with the legal support you need to get through this difficult time. Contact us today to schedule a consultation and find out how we can help you with your rideshare accident case.

To learn more about this subject click here: How do I prove the driver’s negligence in a Wesley Chapel, Florida rideshare accident?