Modern technology and smartphones have changed how we travel.  Rideshare applications like Uber and Lyft have replaced some taxi services as a more convenient and less expensive means of transportation.   When using these rideshare applications, however, you necessarily entrust your safety to others on the road.  Personal injury claims involving drivers utilizing rideshare applications can and often do raise unique legal issues, and can present various hurdles to recovery not present in a typical car accident case.  Here are few things to consider:

Gather All Available Evidence

First and foremost, you need to preserve any evidence you can if you are involved in a Florida rideshare accident.  This means taking photographs of the scene, all vehicles involved, your injuries, and any physical evidence you can observe.   If possible, you should also obtain: (i) contact information for the rideshare driver and any witnesses involved; (ii) details pertaining to your use of Uber or Lyft for the ride leading up to your accident; and (iii) insurance information from anyone involved in the accident. Be sure to call the police, notify your insurance company, and have a formal accident report completed.

As explained below, Uber and Lyft typically provide drivers with certain insurance coverage, but how much and whether it is applicable to your claim may depend on whether the driver was logged in and/or utilizing the rideshare application at the time of the collision.

Rideshare Claims Are More Complicated

Fla. Stat. § 627.748 governs “Transportation Network Companies (TNC),” like Uber and Lyft.  Among other provisions, this statute dictates insurance requirements for TNC and TNC drivers.  Here are some of the statutory requirements:

The following insurance requirements apply if a TNC driver is logged on to the digital network but is not engaged in a prearranged ride:

1. A primary automobile liability coverage of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage;
2. Personal injury protection benefits that meet the minimum coverage amounts required under ss. 627.730-627.7405; and
3. Uninsured and underinsured vehicle coverage as required by s. 627.727.

The following insurance requirements apply if a TNC driver is engaged in a prearranged ride:

1. A primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage;
2. Personal injury protection benefits that meet the minimum coverage amounts required of a limousine under ss. 627.730-627.7405; and
3. Uninsured and underinsured vehicle coverage as required by s. 627.727.

Additionally, attorneys may pursue direct negligence claims against rideshare companies if the facts justify it. For example, if one can prove direct negligence on the part of a ridesharing application, such as where Uber or Lyft negligently allowed a particular individual to operate a motor vehicle or negligently designed or maintained its applications, then a rideshare company may be held directly responsible for injuries, resulting from their negligence.

Not All Florida Personal Injury Attorneys Handle Rideshare Cases

Attorneys at Viñas & DeLuca, PLLC have obtained substantial results for clients injured in Uber and Lyft accidents.  These cases can raise complicated issues of fact and law, and should be handled by experienced attorneys.  Contact our firm if you or a loved one has been hurt in a Florida rideshare accident, or if you have any questions about these types of claims.