Getting into a car accident, regardless of the circumstances, is stressful. But in today’s world, where using rideshare services is so common, it’s logical to wonder whether there are laws that specifically apply to these services. In a nutshell, yes there are. Florida Statute section 627.748 applies to any transportation company that uses a digital network to schedule prearranged rides. It applies to Uber, Lyft, and any future apps that may follow the same ridesharing model.
Florida Law Requirements for Uber / Lyft Drivers
Florida law requires drivers of programs such as Uber and Lyft to have car insurance with a minimum coverage of $50,000 for death and bodily injury, per person, and $100,000 per incident. In addition, the Uber or Lyft driver must also carry a minimum coverage of $25,000 for property damage.
Passenger Injured In Uber / Lyft Car Accident
Now, let’s say that you’re driving a passenger as an Uber or Lyft service and you get into a collision. Besides the coverages mentioned above, you can call your own insurance company to file a claim for Personal Injury Protection (PIP).
Regardless of whether a person is an Uber / Lyft driver or a regular Joe, every car insurance policy in Florida is required to include PIP coverage. Regardless of who was at fault for the accident, PIP will cover up to 80% of medical bills for the named insured as well as any passengers in the vehicle.
However, in order to collect this benefit, you are required to file your claim within 14 days from the date of the accident.
Monies collected through PIP have a cap of $10,000. If the injured passenger’s medical bills are over $10,000, your additional insurance can be used to help cover those costs, and you can sue the party at fault for reimbursement. If you caused the accident, your auto insurance premium will likely increase.
Could Uber or Lyft Be Held Liable?
Florida law specifically states that all transportation network companies (“TNC”) are not deemed to own, control, direct, or manage the vehicles used within their network. Therefore, you cannot hold them liable for injuries arising out of a car accident while driving a passenger to their destination.
What Happens If the Other Driver Hires an Attorney?
The other driver’s attorney, as well as their insurance company, have one job: to safeguard their client’s interests. This means that no matter how reasonable or friendly they may sound, you should never talk to them without first consulting with an attorney of your own. Anything you say may later be used against you, in attempts to diminish their client’s liability.
Their attorney may also request surveillance video if available, as well as take your sworn testimony in an attempt to reconstruct the accident. This is why it’s important that you talk with an experienced attorney about the details of your case to be fully informed when determining how to proceed.
Call Us at Clark Hartpence Law for a Consultation
If you or someone you love was involved in a car accident, call us at (855) 680-4911 or schedule a free consultation. The longer you wait, the higher the chance of missing the opportunity to file for certain damages, or obtain reliable evidence for your case.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.