7 Ways Personal Injury Cases Get Ruined
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After an Uber or Lyft crash in Tampa, the hardest question is often which insurance policy pays. Serrano Law sorts out the driver’s personal coverage and the rideshare company’s policy so you can pursue full compensation. Consultations are free.
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Which Insurance Pays: Florida’s Rideshare Law (Fla. Stat. § 627.748)
Coverage changes with the driver’s app status. When the app is off, the driver’s personal auto policy is generally the starting point. Once the driver logs on but is waiting for a ride request, Florida Statutes section 627.748 requires at least $50,000 per person and $100,000 per incident for bodily injury or death, plus $25,000 for property damage. The statute also requires PIP and applicable uninsured or underinsured motorist coverage for that period.
Once the driver accepts a request, the prearranged ride continues until the last rider exits. During that period, the statute requires at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage. Coverage can be supplied by the driver, the rideshare company, or a combination. The rideshare company’s insurance must fill a gap if the required driver coverage has lapsed or does not apply.
The driver’s app status, trip timestamps, insurance records, and crash report matter. Florida law requires the driver to disclose whether they were logged on or engaged in a prearranged ride to directly involved parties, insurers, and investigating officers. Preserving those records early helps determine which policy applies.
Tampa Rideshare Accident FAQs
Which insurance applies when the rideshare app is off?
When a driver is not logged on to the rideshare app, the driver’s personal auto policy is generally the starting point. The actual coverage depends on the policy and the crash facts.
What coverage is required while a driver is logged on but waiting for a request?
Florida law requires at least $50,000 per person and $100,000 per incident for bodily injury or death, plus $25,000 for property damage, while a rideshare driver is logged on but has not accepted a ride.
What coverage is required after a ride is accepted?
From acceptance of a ride request until the last rider exits, Florida law requires at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage.
What evidence helps establish the applicable rideshare coverage?
The driver’s app status, the time a ride was accepted, trip records, crash report, and insurance information can help identify which policy and coverage period apply.
For a free consultation, call (813) 553-5648 or send the firm your case details.
Serrano Law also helps residents of Florida with Personal Injury Matters in: Brandon, Land O’ Lakes, Lutz, Northdale, Plant City, Riverview, Ruskin, Tampa, Temple Terrace and Wesley Chapel.
Uber and Lyft Accidents
In the last 10 years alone, companies such as Uber and Lyft have become very popular. It is said that millions of people are using Uber alone every month.
Uber is popular because it is more affordable than a taxi in Hillsborough County, is more convenient than public transportation, and can be easily used if you have a phone with the Uber app. People also like to use it if they feel they’ve been drinking too much or don’t want to bring a car to a busy spot where there might be no parking.
Do you need legal help?
Unfortunately, with more people using a rideshare like this there are going to be accidents that happen. Not only are there car accidents but ridesharing is dangerous because you never know who is picking you up. People have been seriously harmed by drivers who have criminal records. In general, most people have a very fine experience with Uber and Lyft but, if you’re here reading this, you’ve likely been involved in a serious accident with a rideshare company.
Our Hillsborough County rideshare accident lawyers want to fight tirelessly for your justice. We will not settle for a lowball offer. We will keep pushing the insurance company to give you your full compensation and take your case all the way to trial if need be. Most cases get settled outside of court but we will prepare your case as if it is going to court. Please get in contact with us as soon as you possibly can. We understand that you have priorities in your life but you need to put this on top of that list.
What is Unique About Rideshare Accidents from Regular Car Accidents?
The biggest difference between having a car accident in your own car and being in a car accident in a rideshare is how you might be compensated for your damages. You will likely not be offered the same type of relief in a rideshare accident as you would in a car accident.
Rideshare drivers don’t have a special license to operate their vehicles. Unlike truck drivers or bus drivers, they won’t have a commercial driver’s license. They only need to have a standard Florida driver’s license. This could mean potentially that your Uber driver is prone to just as many faults as any other driver on the road, which might put anyone in a state of unease.
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Next, depending on where you live, rideshare drivers may not have to perform any special skills or fulfill any of the requirements that someone with a commercial driver’s license might. For example, someone with a CDL needs to have a background check performed and they need to be screened for drug use. Some areas require their rideshare drivers to go through this but Hillsborough County does not.
Florida law, however, does have the companies perform checks on their drivers’ driving records when they apply to work for the company, which is intended to make the rider experience safer. In Hillsborough County, a driver for a rideshare company has to show that their vehicle is properly inspected and has a license plate.
In Hillsborough County, if a driver has committed any of the following crimes they cannot be drivers:
- Felony within the past five years
- DUI
- Hit and run
- Reckless driving
- Sexual assault
- Sexual battery
- Any Florida sex crimes
- Driving with a suspended license
Upon application, the rideshare companies have to get a hold of this kind of information about any possible criminal offense and, if they hire a driver, they have to check every three years to ensure that their drivers are not committing offenses like this.
Please understand that a driver for Uber and lift are not classified as employees of the rideshare company. They are classified as independent contractors, which impacts the way the insurance affects them. Independent contractors are not protected under the company’s insurance in general.
Drivers need to get insurance called TNC, or Transportation Network Company insurance. This insurance would override the driver’s personal car insurance while they are in the scope of the workplace and would only apply if they are completing a ride or going to pick up a ride.
If a driver does not have TNC insurance and they were involved in an accident, their personal insurance company could refuse to cover the damages of the claim. This would mean that if they don’t have TNC and they are involved in an accident at work, they have no coverage. Also, it means that if they do have TNC insurance that insurance only applies to them if they’re at work and no time else.
TNC insurance only protects the accident if it is through the digital network. In plain English, that means if you were to see someone getting out of a lift and you walked up to that left and asked them to give you a ride but didn’t go through the app and then you later got into an accident during that ride, TNC would not cover any damages because it wasn’t through the digital network. Legally speaking, your covered rideshare starts when the driver is on the app and accepts your request through the app. It legally ends when you get out of the vehicle.
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The TNC insurance for rideshare drivers should include the following:
- $25,000 in property damage if a driver is logged on but hasn’t taken a ride
- $50,000 in coverage per person which equals out to $100,000 per accident or incident
- PIP or no-fault personal injury protection insurance of $10,000 if the driver is logged on but hasn’t taken a ride
- $1 million total in insurance for liability if a driver is taking a ride
- Under or uninsured motorist coverage
If you have been seriously hurt in a rideshare accident and don’t know who would be the liable party or whose insurance company would be involved in giving you justice, please don’t hesitate to reach out to our Hillsborough County rideshare accident lawyers to go over the details of your case and figure out what you are legally entitled to. We will help you assess the situation and get the justice you deserve.
Florida Rules and Statutes
Florida is one of the few states that for a car accident follow the no-fault rules. What no fault entails is that anyone who is injured in a car accident should first go to their own insurance company to seek damages for their accident. That would include medical coverage, bills, etc.
If your injuries were severe and substantial, Florida law can let you bring forth a third-party claim against the other driver involved. Their insurance company would then compensate you for your damages. Our Hillsborough County rideshare accident lawyers can help you through this process.
Here is what would be considered severe and substantial injuries:
- Broken or fractured bones
- Disfigurement or scarring
- Paralysis (either temporarily or permanently)
- Disability for more than three months or 90 days
In Hillsborough County, if you are a rideshare driver, you have to carry special insurance called TNC. It applies to you if you have accepted a ride or are giving someone a ride. If this coverage does not apply to your particular scenario and you’ve suffered severe injuries, you may be able to bring a claim against the driver who caused the accident or the company the rideshare belongs to for compensation.
Call Our Hillsborough County Rideshare Accident Lawyers Today
If you or someone you loved has been seriously injured in a rideshare accident, please get in contact with our Hillsborough County rideshare accident lawyers today. Set up a free consultation with our lawyers and figure out what you are legally entitled to. We will fight to get you full and fair justice. Call us today to get started.
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