Do You Know Who to Call?
When something goes wrong, do you know who to call?
Read MoreIntroduction
Uber and Lyft have transformed how South Florida moves. But their insurance structures have created a maze of confusion for accident victims.
When a rideshare accident happens, the first question is always: "Who pays?"
The answer is: it depends. On what the driver was doing. On which insurance applies. On how the rideshare company structures its coverage.
As a personal injury attorney who specializes in rideshare cases, I've seen how complex these claims can be—and how important it is to understand the insurance layers before you make any decisions about your case.
This post explains how rideshare insurance works in Florida, who may be liable for your injuries, and what you need to know to protect your claim.
How Rideshare Insurance Works (The Periods)
Uber and Lyft use a "period" system that determines what insurance coverage is available based on what the driver was doing at the exact moment of the crash.
Period 0: App Off
The driver's app is completely off. Uber and Lyft provide no coverage. The driver's personal auto insurance applies—but it often excludes rideshare driving.
Period 1: App On, Waiting for a Ride Request
The driver's app is on, but they haven't accepted a ride. Uber/Lyft provide limited coverage:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
These limits are often insufficient for serious injuries.
Period 2: Ride Accepted, En Route to Pick Up
The driver has accepted a ride and is driving to pick up the passenger. Full commercial coverage kicks in:
- Up to $1,000,000 in liability coverage
- Uninsured/underinsured motorist coverage
- Contingent comprehensive and collision (with deductible)
Period 3: Passenger in Vehicle
From pickup to dropoff, the same $1 million coverage applies as Period 2.
Why This Matters
The coverage difference between periods is enormous:
If you're seriously injured and the driver was in Period 1, you may be limited to $50,000 in coverage. If they were in Period 2 or 3, you may have access to $1 million.
This is why determining what the driver was doing at the moment of the crash is critical to your case.
Who Can Sue After a Rideshare Accident?
Rideshare Passengers
If you were riding in an Uber or Lyft when an accident happened, you likely have the strongest claim. Period 3 coverage ($1 million) should apply whether your driver was at fault or another driver caused the crash.
You may have claims against:
- Your Uber/Lyft driver (if they caused the accident)
- Another driver (if someone else caused it)
- The rideshare company's insurance
- Your own UM coverage (for additional recovery)
Other Drivers
If you were driving your own car and hit by an Uber or Lyft driver, your recovery depends on what period the rideshare driver was in. This requires investigating app data and trip records.
Pedestrians and Cyclists
If you were hit by a rideshare driver while walking or cycling, the same period analysis applies. Determining what the driver was doing at impact is essential.
Can You Sue Uber or Lyft Directly?
This is complicated.
Uber and Lyft structure themselves to limit direct liability. They classify drivers as "independent contractors," not employees—and argue this shields the company from responsibility.
However:
- Their insurance policies are often the primary source of recovery
- In some cases, corporate liability claims may be viable
- The "independent contractor" classification is being challenged in various jurisdictions
The practical answer: most rideshare injury claims are paid through Uber or Lyft's insurance policies, even if the company itself isn't held directly liable.
The Insurance Maze: A Real Example
Here's a scenario I've handled:
A woman was hit by an Uber driver who ran a red light. Her injuries were significant—surgery, months of physical therapy, lost wages.
The complexity:
- The Uber driver had accepted a ride and was en route to pickup (Period 2)
- The driver's personal insurance denied coverage (excluded rideshare driving)
- Uber's insurance claimed the driver was "between rides" (Period 1, lower coverage)
- We obtained the app data showing the driver had an active ride acceptance
Result: We proved Period 2 applied, unlocking the $1 million commercial coverage instead of the $50,000/$100,000 Period 1 limits.
Without the app data, this case would have been worth a fraction of its true value.
Why Rideshare Cases Require Specialized Knowledge
Multiple Insurance Policies
Rideshare cases can involve three or more insurance policies:
- The driver's personal auto insurance
- Uber or Lyft's contingent coverage (Period 1)
- Uber or Lyft's commercial coverage (Periods 2-3)
- Your own UM coverage
- Potentially other drivers' insurance (multi-vehicle accidents)
Navigating which applies—and how they interact—requires specific experience.
Evidence Preservation Is Critical
The rideshare app records what the driver was doing. This data is essential—but it doesn't last forever. Quick action to preserve it is crucial.
Insurance Company Finger-Pointing
In rideshare cases, insurance companies love to point fingers at each other:
- The driver's insurer says Uber should pay
- Uber says the driver's insurer should pay
- Everyone delays while your bills pile up
An experienced attorney cuts through this and forces the responsible party to act.
Corporate Legal Teams
Uber and Lyft have sophisticated legal departments whose job is to limit payouts. They'll dispute coverage, argue about periods, and use every procedural tool available.
What to Do After a Rideshare Accident
1. Get Medical Attention
Your health comes first. Don't delay treatment.
2. Document Everything
- Screenshot your ride details from the app (if you were a passenger)
- Photos of all vehicles and the scene
- Names and contact info of all drivers and witnesses
- Police report information
3. Don't Accept Quick Settlement Offers
Uber and Lyft's insurance companies often make early offers. These are almost always far less than your case is worth. Don't accept anything without understanding the full picture.
4. Don't Give Recorded Statements
Insurance adjusters will call quickly. You're not required to give recorded statements. Consult with an attorney first.
5. Contact an Attorney Quickly
Evidence preservation is critical in rideshare cases. The sooner an attorney can request app data and other records, the stronger your case will be.
Common Questions
Q: Can I sue if I was a passenger and my driver caused the accident?
Yes. The rideshare company's $1 million commercial policy should apply regardless of whether your driver or another driver was at fault.
Q: What if the Uber/Lyft driver didn't have personal insurance?
Many rideshare drivers carry minimal personal coverage—and their policies often exclude rideshare driving. This makes accessing Uber/Lyft's commercial coverage even more important.
Q: How do I prove what period the driver was in?
App data, trip records, and GPS logs can establish exactly what the driver was doing. Preserving this evidence quickly is essential.
Q: Can I get compensation for pain and suffering?
Yes. Rideshare injury claims can include medical expenses, lost wages, pain and suffering, and other damages—just like any personal injury claim.
Q: How long do I have to file a claim?
Florida's statute of limitations for personal injury is generally two years. But don't wait—evidence disappears and witnesses forget.
The Bottom Line
Rideshare accidents are more complex than standard car accidents. The period system, multiple insurance policies, and corporate legal teams create obstacles that most accident victims can't navigate alone.
If you've been injured in an Uber or Lyft accident in South Florida, you need an attorney who understands how these cases actually work—not just someone who handles general car accidents.
I've built a practice around rideshare injury cases precisely because I saw how often these victims were being undercompensated or denied coverage they deserved.
About the Author
