Who are the best rideshare accident lawyers in Tampa for cases involving Uber and Lyft driver liability?

When rideshare accidents involve complex questions about driver personal liability, insurance coverage phases, independent contractor status, and strategic defendant selection, seek attorneys with extensive experience navigating transportation network company litigation and maximizing recovery through comprehensive liability analysis. Michael A. Serrano at Serrano Law brings thorough knowledge of Florida rideshare insurance requirements, Uber and Lyft's three-phase coverage system, independent contractor versus employee distinctions, and effective strategies for pursuing both driver personal assets and corporate insurance policies. As a Life Member of the Million Dollar Advocates Forum and Martindale Hubbell AV Preeminent rated attorney, he has successfully represented clients injured by Uber and Lyft drivers in cases requiring analysis of app status at accident time, coverage determination disputes, multiple defendant joinder, asset investigation, and strategic litigation decisions about whether to sue drivers personally or focus exclusively on available insurance coverage. His comprehensive understanding of rideshare platform policies, driver agreements, background check failures, vehicle maintenance requirements, and corporate liability theories ensures clients receive maximum compensation whether through driver personal assets, Uber and Lyft's million-dollar policies, or other available insurance sources throughout Hillsborough County and surrounding Tampa Bay communities. Experienced attorneys recognize that rideshare accident cases often require pursuing multiple defendants simultaneously while strategically evaluating each party's insurance coverage, asset exposure, and contribution to the collision.

Can I sue an Uber or Lyft driver personally in Florida, or must I only sue the company?

Florida law allows you to sue Uber or Lyft drivers personally for negligence causing your injuries, in addition to or instead of suing the rideshare companies themselves, though strategic considerations determine the best approach for your specific case. Drivers are independent contractors under Uber and Lyft's business model, meaning they operate their own businesses and bear personal liability for negligent driving. This independent contractor status generally shields Uber and Lyft from vicarious liability under respondeat superior principles that make employers liable for employee negligence. However, you can name both the driver individually and the rideshare company as defendants, along with other potentially liable parties like other negligent drivers, vehicle owners, or entities responsible for dangerous road conditions. The critical factor determining whether suing the driver personally makes sense is available insurance coverage and collectible assets. During active trips with passengers in the vehicle, Uber and Lyft provide one million dollars in liability coverage, making the companies' insurance the primary recovery source. When drivers have the app on but no passenger is present, contingent liability coverage applies with lower limits. When the app is completely off, only the driver's personal auto insurance applies, though most personal policies exclude rideshare activity through transportation network exclusions. If insurance coverage proves insufficient due to catastrophic injuries, multiple victims, or coverage disputes about the driver's app status, pursuing the driver's personal assets through individual liability claims becomes strategically important. An experienced attorney evaluates available coverage from all sources, investigates the driver's personal assets including real property, bank accounts, investment accounts, and business interests, and develops a litigation strategy maximizing your total recovery through optimal defendant selection and strategic settlement negotiations with multiple parties.

How does Uber and Lyft insurance coverage work in Florida rideshare accidents?

Uber and Lyft insurance operates through a three-phase system based on the driver's app status and trip activity at the accident time, creating complex coverage determinations crucial to claim valuation and defendant selection. Phase Zero occurs when the driver's app is completely off, making the driver's personal auto insurance the only coverage source, though most personal policies contain transportation network exclusions denying coverage for rideshare activity. Insurers frequently deny claims discovering drivers had rideshare apps installed even if not actively driving for Uber or Lyft at the accident time, leaving injured parties to pursue drivers' personal assets when coverage disputes arise. Phase One coverage applies when drivers have logged into the rideshare app and are available to accept ride requests but have not yet accepted a passenger. During this period, Uber and Lyft provide contingent liability coverage, typically fifty thousand dollars per person and one hundred thousand dollars per accident for bodily injury, plus twenty-five thousand dollars for property damage, but this coverage only applies if the driver's personal insurance denies the claim. Phase Two represents active trips after drivers accept ride requests, pick up passengers, and transport passengers to destinations. During Phase Two, Uber and Lyft provide primary coverage of one million dollars in liability protection plus uninsured and underinsured motorist coverage protecting passengers and potentially third parties. Coverage determination disputes frequently arise because precise timing of phase transitions depends on app data, GPS information, passenger acceptance timestamps, and pickup completion status. Uber and Lyft often dispute coverage by claiming accidents occurred during Phase Zero or One rather than Phase Two, attempting to shift liability to drivers' personal insurance or limit exposure to lower contingent coverage amounts. Experienced attorneys immediately preserve electronic evidence including driver app data, GPS logs, ride acceptance timestamps, and passenger communications establishing the applicable coverage phase. When coverage disputes threaten recovery, attorneys pursue driver personal liability claims while simultaneously litigating insurance coverage through declaratory judgment actions, bad faith claims, and subpoena of rideshare platform data proving active trip status at accident time.

What assets can I recover from an Uber or Lyft driver's personal assets if insurance is insufficient?

When insurance coverage proves insufficient to compensate catastrophic injuries, multiple victims, or cases where coverage disputes deny full policy limits, pursuing rideshare drivers' personal assets becomes necessary to achieve full compensation, though Florida's exemption laws protect certain property from judgment collection. Non-exempt assets subject to collection include bank accounts, investment accounts, stocks, bonds, mutual funds, retirement accounts without ERISA protection, business ownership interests, commercial real property, rental properties, vacant land, vehicles beyond one vehicle per household, boats, recreational vehicles, jewelry beyond a minimal exemption, and personal property exceeding exemption limits. Florida's homestead exemption protects primary residences from forced sale regardless of value, though judgment liens attach to homestead property and must be satisfied upon voluntary sale, creating long-term collection potential. Wages remain mostly exempt from garnishment except for small percentages when debtors qualify as heads of household supporting dependents. Tenancy by entireties property owned jointly by married couples enjoys protection from individual judgments against only one spouse, though joint judgments against both spouses can reach entireties property. Successful asset recovery requires comprehensive investigation before and after judgment including asset searches, property records review, vehicle registration searches, business entity searches, and judgment debtor examinations compelling defendants to disclose assets under oath. Attorneys often discover rideshare drivers operating as small businesses, owning rental properties, or holding investment accounts providing collection sources beyond limited insurance coverage. Post-judgment collection includes bank account garnishment, wage garnishment within legal limits, real property liens, personal property execution, and business interest charging orders. Some defendants attempt fraudulent transfers moving assets to family members or entities before judgment, but attorneys can challenge these transfers through fraudulent conveyance litigation allowing asset recovery despite attempted concealment. The judgment remains collectible for twenty years in Florida with renewal options, creating long-term recovery potential as defendants acquire new assets, sell property with attached liens, or experience improved financial circumstances allowing payment arrangements. Experienced attorneys balance aggressive asset collection with practical evaluation of actual collection potential, sometimes accepting structured settlements or payment plans when drivers lack immediate liquid assets but have earning capacity supporting long-term payment obligations.

Can Uber or Lyft be held liable for their driver's negligence in Florida?

Uber and Lyft generally avoid direct liability for driver negligence through independent contractor status, but several legal theories allow corporate liability claims including negligent hiring, negligent retention, negligent supervision, negligent training, negligent entrustment, breach of non-delegable duties, and violations of platform responsibilities. Independent contractor classification means drivers are not employees, preventing vicarious liability under respondeat superior principles that make employers automatically liable for employee negligence within the scope of employment. However, this classification faces ongoing legal challenges as courts nationwide examine whether rideshare companies exercise sufficient control over drivers to create employment relationships or joint employer status. Florida plaintiffs can pursue Uber and Lyft directly through negligent hiring claims alleging inadequate background checks failed to discover disqualifying criminal histories, dangerous driving records, or prior accidents that should have prevented driver approval. Background check litigation often reveals Uber and Lyft approved drivers with recent DUI convictions, reckless driving histories, or patterns of at-fault accidents. Negligent retention claims arise when companies fail to deactivate drivers after customer complaints, poor ratings, reported safety violations, or discovered disqualifying conduct. Platform policies promise continuous background monitoring and immediate deactivation for safety violations, creating liability when companies fail to act on available information. Negligent entrustment claims allege Uber and Lyft provided access to their platforms and customer base to unqualified or dangerous drivers, similar to claims against car owners who lend vehicles to incompetent drivers. Some cases allege Uber and Lyft violated non-delegable duties to provide safe transportation, arguing companies cannot shield themselves from liability for inherently dangerous activities through independent contractor classification. Additionally, platform-specific negligence claims focus on app design defects, algorithm failures, or technology problems contributing to accidents including GPS malfunction, app distraction, routing errors through dangerous areas, or failure to detect impaired drivers. When pursuing corporate liability, attorneys subpoena internal company documents, driver approval files, complaint histories, deactivation policies, and platform operation data while simultaneously pursuing driver personal liability claims, creating multiple recovery sources and settlement pressure on all defendants.

Should I sue the Uber or Lyft driver individually, the company, or both in my accident case?

Optimal defendant selection depends on available insurance coverage, driver personal assets, corporate liability theories, settlement dynamics, and strategic litigation considerations requiring experienced legal analysis of your specific circumstances. In most cases, attorneys name both the driver individually and the rideshare company as defendants while reserving rights to add other liable parties discovered through investigation. This comprehensive approach maximizes recovery sources, creates settlement pressure on multiple parties, and preserves all legal theories without prematurely limiting options. When million-dollar Uber or Lyft coverage clearly applies during active trips and your damages fall within policy limits, focusing primarily on the insurance carrier may achieve faster settlement without extensive driver asset investigation. However, catastrophic injury cases with damages exceeding one million dollars require pursuing driver personal assets and any other available coverage sources including the driver's personal umbrella policies, the driver's spouse's assets when joint liability exists, and other defendants sharing accident fault. Cases involving coverage disputes about the driver's app status at accident time necessitate naming both the driver and company, allowing simultaneous litigation of coverage issues and driver personal liability as alternative recovery theories. When evidence suggests corporate negligence through hiring, retention, or training failures, pursuing Uber or Lyft directly creates settlement pressure beyond insurance policy limits and may establish patterns supporting punitive damages. Multiple defendant strategy also affects settlement negotiations by creating competition between defendants to resolve claims favorably and avoiding joint responsibility for verdict damages. Sometimes drivers carry substantial personal assets including real property, business interests, or investment accounts making personal liability claims economically viable even when insurance applies. Other cases involve judgment-proof drivers with no collectible assets, making driver personal liability claims impractical except as leverage encouraging insurance settlement or establishing coverage applicability. Experienced attorneys conduct comprehensive investigation before finalizing defendant selection including insurance verification for all parties, asset searches revealing collection potential, corporate document review establishing company liability theories, and analysis of comparative fault among multiple defendants. Throughout litigation, attorneys preserve flexibility to add or dismiss defendants based on discovery findings, settlement developments, and evolving case strategy maximizing your total compensation.

What evidence do I need to prove an Uber or Lyft driver's personal liability in Florida?

Proving driver personal liability requires comprehensive evidence establishing negligence through duty, breach, causation, and damages while documenting the driver's app status, trip details, and fault for the collision. Critical evidence includes the police accident report identifying the driver, documenting fault determinations, recording traffic citations issued, and containing officer observations about driver behavior, impairment signs, or rule violations. Preserve the driver's Uber or Lyft information from the app including driver name, photo, license plate, vehicle description, and trip details before the driver can dispute their identity or involvement. Screenshot or photograph the trip information, fare details, driver rating, and any in-app communications before evidence disappears. Obtain witness statements from passengers, other vehicle occupants, pedestrians, and bystanders observing the accident, driver behavior before impact, traffic violations, or post-accident statements by the driver. Photograph accident scene conditions, vehicle damage, debris fields, skid marks, traffic controls, sight distance restrictions, and road defects from multiple angles while evidence remains available. Video evidence proves invaluable including dash camera footage, surveillance cameras from nearby businesses, traffic cameras, and cell phone videos from witnesses. Subpoena the driver's complete Uber and Lyft account data including driving history, prior complaints, customer ratings, deactivation warnings, trip logs, GPS data, and platform communications showing patterns of dangerous driving or rule violations. Obtain the driver's complete driving record showing prior accidents, traffic convictions, license suspensions, and patterns establishing negligent or reckless behavior. Medical records document your injuries, treatment, causation opinions from treating physicians, and ongoing care needs establishing damages. Phone records for the driver may reveal distracted driving through calls, texts, or app usage at the accident time. Vehicle maintenance records for the rideshare vehicle may show neglected repairs, deferred maintenance, or known defects contributing to the accident. Expert testimony from accident reconstruction specialists establishes fault through scientific analysis of damage patterns, vehicle dynamics, and physical evidence. Rideshare industry experts explain platform policies, driver training deficiencies, and whether the driver violated Uber or Lyft standards. Medical experts establish injury causation, treatment necessity, future care needs, and permanent impairment supporting damage claims. Economic experts calculate lost earnings, diminished earning capacity, and future financial losses. An experienced attorney immediately preserves time-sensitive evidence, issues litigation holds preventing evidence destruction, subpoenas electronic data, interviews witnesses, and retains experts establishing comprehensive proof of driver liability and maximum damage valuation.

Can I File a Lawsuit Against an Uber or Lyft Driver Personally in Florida?

If you’ve recently been involved in a car accident while using Uber or Lyft, you may be feeling overwhelmed and unsure about the next steps. You might be questioning whether you can hold the individual driver personally responsible for any injuries, damages, or losses. It’s a common question that arises after such incidents, and the answer can be more complicated than you might expect.

When accidents occur involving rideshare drivers in Florida, many people wonder if the driver can be personally sued. Understanding how the law applies to these types of accidents can be confusing, especially when multiple parties are involved—such as the driver, the rideshare company, and the insurance providers. In this blog, we will break down your options and clarify whether you can file a lawsuit against an Uber or Lyft driver personally in Florida.

Understanding Rideshare Laws in Florida

Florida has specific laws and regulations in place for ridesharing companies like Uber and Lyft. These laws help to outline how liability works in the event of an accident. Rideshare drivers are independent contractors, meaning they aren’t employees of Uber or Lyft. This distinction plays a role in determining who is responsible for damages in a crash.

In general, when you use a rideshare service, the company provides insurance coverage for the driver under certain circumstances. However, whether or not you can sue the individual driver personally depends on the specifics of the accident and the driver’s behavior at the time of the crash. It’s essential to understand the relationship between the driver’s actions and the company’s liability coverage before making any decisions about legal action.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Attorney

Molli Gard, ESQ.

Attorney

When Can I Sue an Uber or Lyft Driver Personally?

To understand if you can sue the driver personally, it’s important to examine the specifics of the accident. In many cases, the rideshare company’s insurance policy covers the driver’s actions. This coverage could include bodily injury liability, property damage, and medical expenses. Rideshare companies like Uber and Lyft provide varying levels of insurance coverage depending on the driver’s status at the time of the accident.

However, there are situations where you may be able to file a lawsuit against the individual driver personally. If the driver was acting negligently or recklessly, such as driving under the influence of alcohol or drugs, you may have grounds to sue them personally. In these cases, the driver could be held responsible for their actions outside of the coverage provided by Uber or Lyft’s insurance policy.

Additionally, if the driver was using their personal vehicle and was not logged into the Uber or Lyft app at the time of the accident, the rideshare company’s insurance policy may not apply. In such cases, you would likely need to file a lawsuit against the driver personally, as they would be fully liable for the accident.

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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

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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

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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

What If the Driver Was Working for Uber or Lyft at the Time of the Accident?

If the Uber or Lyft driver was logged into the app and available to accept rides at the time of the crash, the company’s insurance policy may provide coverage for the accident. This typically includes liability insurance that covers injuries to passengers and other parties involved in the accident.

However, there are still certain circumstances where you might want to pursue a personal lawsuit against the driver. For example, if the driver was acting in a way that is considered gross negligence or intentional misconduct, such as reckless driving or road rage, the company’s insurance may not fully cover the situation. In such cases, you might need to seek compensation directly from the driver.

The Role of Insurance in Rideshare Accidents

Florida requires all drivers to have certain levels of car insurance, and this includes rideshare drivers. When an accident occurs with an Uber or Lyft driver, there are often multiple layers of insurance that may apply. These layers can make the process of filing a claim more complex. The driver’s personal insurance will typically be the first to come into play, and if that isn’t enough to cover the damages, Uber or Lyft’s insurance may step in.

Rideshare companies, like Uber and Lyft, provide varying levels of insurance coverage depending on the situation. For instance, when the driver is logged into the app but has not yet accepted a ride, the company provides limited coverage. If the driver has accepted a ride or is actively transporting a passenger, the coverage increases significantly. This can affect the amount of compensation you may be able to receive for your injuries.

Even if you are eligible for compensation through the rideshare company’s insurance, it may not be enough to cover all your expenses, especially in severe accidents. If the driver was negligent or intentionally reckless, you might be able to pursue additional compensation by filing a personal lawsuit against the driver.

What Happens If I Want to Sue the Driver Personally?

Filing a lawsuit against an Uber or Lyft driver personally can be challenging, but it’s not impossible. If you believe that the driver’s actions directly caused the accident and you want to hold them personally accountable, you may need to gather evidence to support your claim.

Witness statements can be crucial in proving negligence or misconduct, especially if anyone witnessed the accident or the driver’s behavior leading up to it. A police report detailing the accident and any citations issued to the driver can be useful in showing that the driver was at fault. Dashcam footage from the driver’s vehicle or another vehicle involved in the accident can provide vital evidence of the events leading to the crash. If the driver has a history of traffic violations or negligent driving, that could further strengthen your case for holding them personally responsible.

It’s important to consult with an experienced attorney who can help you gather this evidence and navigate the legal process. We understand the emotional toll that these types of accidents can take, and we are here to guide you through the complexities of filing a lawsuit against a rideshare driver.

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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How an Attorney Can Help with Your Case

If you’ve been involved in an accident with an Uber or Lyft driver and are considering taking legal action, it’s crucial to have an experienced attorney by your side. At Serrano Law, we know that you’re not just dealing with physical injuries; you may also be struggling with financial hardships, emotional distress, and uncertainty about your future. We want to assure you that you’re not alone in this process.

A dedicated attorney can help you navigate the complexities of your case, from dealing with insurance companies to determining whether you can sue the driver personally. Our team will work tirelessly to ensure that your rights are protected and that you receive the compensation you deserve. We will help you gather the necessary evidence, communicate with the insurance companies, and build a strong case to support your claims.

While no lawyer can guarantee a specific outcome, we believe in our ability to help you achieve the best possible result in your case. We approach every case with empathy, understanding, and a commitment to getting you the compensation you deserve.

If you’ve been involved in an accident with an Uber or Lyft driver in Florida, don’t wait to take action. The sooner you speak with an attorney, the sooner we can help you understand your legal options and begin the process of seeking compensation for your injuries. We are here to listen, support you, and guide you every step of the way.

At Serrano Law, we have the experience and knowledge to help you navigate this complex situation and pursue the best possible outcome. If you need help with your case or have questions about your legal options, don’t hesitate to contact us for a free consultation. We are here to help you get the justice you deserve.

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Rideshare Accidents

Can I File a Lawsuit Against an Uber or Lyft Driver Personally in Florida?

Understanding Rideshare Laws in Florida

Michael Serrano

Candace “Cea” Hartley

Molli Gard, ESQ.

When Can I Sue an Uber or Lyft Driver Personally?

What If the Driver Was Working for Uber or Lyft at the Time of the Accident?

The Role of Insurance in Rideshare Accidents

Related Videos

What Happens If I Want to Sue the Driver Personally?

Case Results

Car Accident

Rear End Collision

Car Accident

Car Accident

Intentional Torts

Car Accident

Truck Crash

Truck Crash

How an Attorney Can Help with Your Case

To learn more about this subject click here: 5 Rideshare Accident Tips That May Help Your Case

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