Modern technology makes life easier. You can order food from a mobile phone app, swipe right or left when dating, and get a ride to and from anywhere — thanks to ride-sharing services such as Uber and Lyft. But, what happens when you are involved in a car accident while riding as a passenger in one of these rides? Are you covered by the driver’s insurance? Would you be able to file a lawsuit against Uber or Lyft?
Are passengers covered by rideshare insurance?
Florida Statutes section 627.748 requires drivers of ridesharing services such as Uber and Lyft — referred to as transportation network companies or TNCs — 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 minimum coverage of $25,000 for property damage. These amounts are specifically mandated to cover damages sustained by passengers who hired the service.
In addition to the coverage required, Florida Statutes section 627.737 requires every single car insurance policy issued in the state to include Personal Injury Protection (PIP). This covers 80% of medical bills and 60% of lost wages for the following individuals:
- The named insured
- Relatives who live with the named insured
- Anyone operating the insured motor vehicle
- Passengers in the insured motor vehicle
- Anyone struck by the insured motor vehicle
Therefore, PIP coverage — from the Uber/Lyft driver or from your own insurance company — would be available to pay for injuries sustained in a car accident, up to a cap of $10,000. Be aware that in order to be covered by Personal Injury Protection, you must file your claim with the insurance company within 14 days from the date of the accident. If your damages are over $10,000, you’ll have to file a lawsuit against the driver and their insurance company.
Can you file a lawsuit against Uber or Lyft in a car accident?
Section 627.48 (e) specifically states that TNCs are not deemed to own, control, operate, direct, or manage the vehicles used within their network. Therefore, drivers are not considered to be Uber or Lyft employees, and you cannot hold the companies liable for injuries arising out of a car accident.
Call Us at Clark 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.