Getting hurt in an Uber or Lyft is not like getting hurt in a regular car crash. You may have three different insurance policies in play, a company arguing its driver was an "independent contractor," and an adjuster trying to close your claim before you understand what it's worth.
Rosenthal, Levy, Simon & Sosa represents passengers, drivers, and bystanders injured in Uber, Lyft, and rideshare accidents in West Palm Beach and throughout Palm Beach County. Our attorneys understand how Florida's rideshare insurance law works, and how to use it to recover full compensation for you.
We have recovered more than $500 million for Florida injury clients over 40 years of practice. Free case reviews, 24/7. No fee unless we win.
Call (561) 478-2500 today.
Table of contents
- Do You Need a Lawyer After a West Palm Beach Rideshare Accident?
- How Does Florida Rideshare Insurance Actually Work?
- Why the "Independent Contractor" Defense Creates a Problem
- How Long Do You Have to File a Rideshare Accident Claim in Florida?
- Ask Rosenthal Levy
- Serving West Palm Beach, Palm Beach County, and the Treasure Coast
Do You Need a Lawyer After a West Palm Beach Rideshare Accident?
Yes, and the reasons go beyond what most accident victims expect. Rideshare claims involve multiple insurance layers, a corporate defendant whose lawyers engage from day one, and a legal structure that Uber and Lyft built specifically to limit their liability.
An attorney identifies which coverage tier applies, preserves digital evidence before it disappears, and prevents you from accepting a lowball offer before your injuries are fully understood. The earlier you call, the more options you have.
Call (561) 478-2500 for a free case review.
How Does Florida Rideshare Insurance Actually Work?
Florida law, specifically Florida Statute 627.748, requires Uber, Lyft, and all Transportation Network Companies, known as TNCs, operating in the state to maintain insurance at specific levels depending on what the driver was doing at the moment of the crash. That moment is what determines who pays, and how much.
Period 1 Coverage: While Waiting for a Ride
When the driver has the app active and is available but has not yet accepted a trip, TNC insurance provides $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage. This coverage is contingent. It only applies if the driver's personal auto insurance does not cover the claim or the personal limits are exhausted.
Periods 2 and 3 Coverage: Ride Accepted Through Completion
Once a driver accepts a ride request (Period 2) and throughout the trip until the passenger is dropped off (Period 3), Uber and Lyft are required to maintain at least $1 million in liability coverage per occurrence. This is the full commercial policy.
For passengers injured during their trip, this $1 million policy is the primary source of compensation.
Period 0 Coverage: App Off
When the driver's app is off entirely, they are operating as a private individual. Only the driver's personal auto insurance applies. Uber and Lyft have no insurance obligation at all during this period. Understanding who is liable for auto accident injuries in Florida can help you identify which coverage applies to your situation.
The app status at the exact moment of the crash determines everything. An attorney obtains these digital records from the TNC platform before they are altered or overwritten.
Call (561) 478-2500 to find out which coverage period applies to your accident.
Who Can File a Rideshare Accident Claim in West Palm Beach?
Rideshare accidents injure more than just passengers. The legal options depend on your role at the time of the crash.
Passengers
Passengers riding in an Uber or Lyft during a trip (Period 3) are covered by the full $1 million TNC policy if the rideshare driver caused the accident. If another driver caused it, the claim runs against that driver's liability insurance, with the TNC policy potentially available as underinsured motorist coverage. Passengers are almost never at fault, which typically makes these the strongest rideshare claims.
Drivers and Occupants of Other Vehicles
If an Uber or Lyft driver caused a collision with your car, you have a claim against the applicable TNC insurance tier. Florida's no-fault PIP system requires you to first seek up to $10,000 from your own Personal Injury Protection coverage within 14 days of the accident. Beyond that threshold, you can pursue a claim against the at-fault driver's TNC policy.
Pedestrians and Cyclists
Pedestrians and cyclists hit by a rideshare driver are not subject to Florida's no-fault PIP requirement and can pursue a direct claim against the at-fault driver and the applicable TNC coverage tier immediately.
Rideshare Drivers
A rideshare driver injured by another motorist while the app is active has a personal injury claim against that driver. If that driver is uninsured or underinsured, the TNC's uninsured motorist coverage (which Uber and Lyft are required to carry under Florida law when the app is on) may apply.
Why the "Independent Contractor" Defense Creates a Problem
Uber and Lyft classify their drivers as independent contractors rather than employees. This is not an accident. It is a deliberate legal strategy.
When a driver is an employee, the company is typically responsible for that employee's actions on the job. When the driver is an independent contractor, Uber and Lyft argue they bear no direct liability beyond the insurance policies Florida requires them to carry.
In most rideshare cases, this limits your recovery to the applicable insurance tier rather than opening a direct negligence claim against the company. An attorney evaluates whether the facts of your case support additional theories of liability, such as negligent hiring, inadequate driver screening, or platform design decisions that contributed to the crash.
What Evidence Should You Preserve After a Rideshare Accident?
Act quickly. Rideshare accident evidence is digital and disappears fast.
Screenshot the app before you close it. The Uber or Lyft app shows the driver's name, vehicle, rating, and trip status at the moment of the crash. Take a screenshot immediately. If the trip is canceled or the app closes, that information can be harder to recover.
Call the police. A police report documents the accident, identifies all parties, and records the officer's observations, including whether the driver was logged into a rideshare platform at the time.
Seek medical attention the same day. Florida's 14-day rule applies here too. If you have PIP coverage, you must seek treatment within 14 days to remain eligible. Same-day treatment also creates the medical record that links your injuries to the crash.
Do not give a recorded statement to Uber, Lyft, or any insurance company before consulting an attorney. These statements are used to limit claims.
Call (561) 478-2500. The sooner you call, the more evidence can be preserved.
How Long Do You Have to File a Rideshare Accident Claim in Florida?
Two years. Under Florida Statute 95.11(3)(a), personal injury claims in Florida must be filed within two years of the accident date.
Ask Rosenthal Levy
Q: Does it matter whether Uber or Lyft was at fault, or just the driver?
A: It matters a great deal. Uber and Lyft's obligation to you flows primarily through the insurance coverage Florida law requires them to carry, not direct employer liability. However, if the company failed to properly screen the driver, ignored prior complaints, or had platform features that contributed to the crash, additional liability theories may apply. An attorney evaluates both the driver's negligence and the company's conduct from day one.
Q: What if the rideshare driver's own insurance company says the accident isn't covered because they were working?
A: This is exactly where Florida Statute 627.748 steps in. Personal auto policies commonly exclude coverage when a vehicle is being used for commercial rideshare purposes. When a personal policy excludes coverage, Uber or Lyft's contingent TNC insurance is triggered, provided the app was active at the time. An attorney identifies which insurer is on the hook and pursues them directly.
Q: I was hit by a driver who had the Lyft app on but hadn't accepted any ride yet. Is Lyft responsible?
A: Yes, partially. During Period 1, when the app is on but no ride is matched, Lyft is required to maintain contingent liability coverage of $50,000 per person and $100,000 per accident. This coverage applies if the driver's personal auto policy does not cover the claim. An attorney confirms the app status through Lyft's digital records and pursues the appropriate insurer.
Q: Can I still pursue a claim if I was partially at fault for the rideshare accident?
A: Yes, as long as your share of fault is 50% or less under Florida's modified comparative fault rule, updated by HB 837 in 2023. Your recovery is reduced proportionally by your fault percentage but is not eliminated. If your damages are $90,000 and you are found 20% at fault, you recover $72,000. Rideshare insurers routinely try to inflate the victim's fault percentage. An attorney challenges those assessments with evidence.
Rosenthal Levy Serves West Palm Beach and Port St. Lucie Rideshare Accident Victims
Rideshare accidents are a daily occurrence in West Palm Beach, near Palm Beach International Airport on Belvedere Road, along Clematis Street and CityPlace after evening events, around downtown hotels and convention venues, and throughout the I-95 and US-1 corridors connecting Palm Beach County to the Treasure Coast.
Rosenthal, Levy, Simon & Sosa has offices in West Palm Beach and Port St. Lucie. We represent rideshare accident victims throughout Palm Beach County, St. Lucie County, and communities including Westlake, and our attorneys handle cases in both the 15th Judicial Circuit (Palm Beach County) and the 19th Judicial Circuit (St. Lucie County). We also serve the growing community of Westlake in Palm Beach County.
Our staff is bilingual, and we represent English and Spanish-speaking clients equally.
$500 million recovered. 40 years in South Florida. No fee unless we win.
Call (561) 478-2500 or (866) 640-7117. Available 24/7. Se habla español.
Port St. Lucie Uber/Lyft Accident Lawyers | West Palm Beach Car Accident Lawyers | West Palm Beach Personal Injury
Frequently Asked Questions About West Palm Beach Rideshare Accidents
Does Florida PIP cover me as a passenger in a rideshare accident?
As a passenger, you are not required to have PIP insurance. Florida's Personal Injury Protection requirement applies to vehicle owners and registered drivers, not passengers. If you were riding in an Uber or Lyft when the accident occurred, you do not need to file a PIP claim through your own policy first. Your claim runs directly against the applicable rideshare insurance policy.
Can I sue both Uber and the driver who caused my accident?
In most cases, your primary recovery comes from Uber or Lyft's insurance coverage rather than a direct lawsuit against the company itself. You can pursue a claim against the driver for their negligence and against the TNC's insurer for the applicable coverage tier. Direct corporate liability claims against Uber or Lyft are more difficult due to the independent contractor classification but are not impossible when the facts support them.
What if Uber or Lyft's insurer denies my rideshare accident claim?
A denial is the beginning of the process, not the end. Rideshare insurers routinely dispute claims on grounds of app status, coverage period, or fault. An attorney reviews the denial, obtains the digital records from the TNC platform, and challenges it through the claims process or litigation if necessary. Florida's bad faith insurance law also provides additional remedies when an insurer unreasonably refuses to pay a valid claim.
Are accidents with delivery apps like DoorDash or Instacart covered the same way?
Not exactly. Florida Statute 627.748 applies specifically to Transportation Network Companies operating passenger rideshare services. Delivery platform accidents involve a different regulatory framework, though the basic structure of personal insurance exclusions and company-provided contingent coverage is similar. An attorney identifies which policies apply to a delivery platform accident and pursues the appropriate claims.
Serving West Palm Beach, Palm Beach County, and the Treasure Coast
Talk to a Rideshare Accident Lawyer in West Palm Beach
Rideshare companies have legal teams that start working the moment you report an accident. You should have experienced representation on your side just as quickly.
Rosenthal, Levy, Simon & Sosa offers free case reviews with no obligation and no upfront cost. Call us, tell us what happened, and we will tell you clearly what your options are.
Free case review. No fee unless we win. Available 24/7.
Call (561) 478-2500 or (866) 640-7117. Se habla español.
Rosenthal, Levy, Simon & Sosa 1401 Forum Way Suite 730, West Palm Beach, FL 33401 | (561) 478-2500