Injured in an Uber or Lyft in Miami? Here Is What to Do

Rideshare crashes are their own kind of stressful. Maybe you were a passenger in the back seat of an Uber, maybe you were hit by an Uber driver while you were in your own car, or maybe you were the driver working a shift when someone rear ended you. In every version, the same question comes up fast: whose insurance is even supposed to pay for this? This guide explains, in plain English, how Uber and Lyft insurance works in Florida, what to do right after the crash, and why these cases get complicated more often than a regular fender bender.

This is general information, not legal advice for your specific case. When you are ready, a free consultation can sort out how these rules apply to what actually happened to you.

First, which position were you in?

The rideshare insurance that applies depends a lot on your role in the crash, so it helps to be clear about it from the start:

• You were a passenger in the Uber or Lyft. You did nothing to cause the crash, and you are generally in the strongest position, because coverage is usually available whether your driver or the other driver was at fault.
• You were in another vehicle that a rideshare driver hit. What coverage applies depends heavily on what the rideshare driver was doing at the moment of the crash, which we explain below.
• You were a pedestrian or cyclist struck by a rideshare driver. The same period based coverage rules generally apply to you as to another driver.
• You were the Uber or Lyft driver. You may have coverage through the app and through your own policy, and the details turn on whether you had a ride accepted or a passenger in the car.

Keep your own role in mind as you read the coverage section, because it changes which insurance is on the hook.

What to do at the scene

The basics of any Miami car accident still apply here, whether the crash happened on I-95, the Palmetto Expressway, US-1, or a side street downtown:

• Check for injuries and call 911. Get a police report started, because a rideshare crash almost always involves more than one insurance company, and the report becomes an important neutral record.
• Take photos and video. Capture the vehicles, the damage, the license plates, the street, and anything showing the Uber or Lyft connection, such as the app open on a phone or the trip screen.
• Get the rideshare driver's name, the other driver's information, and insurance details for everyone involved.
• Get names and phone numbers from any witnesses before they leave.
• See a doctor promptly. Even if you feel okay, injuries like whiplash and concussions often surface a day or two later, and a prompt medical record connects your injuries to the crash.

Report the crash in the app

One step that is unique to rideshare cases is reporting the crash inside the app. Both Uber and Lyft have a safety or crash reporting flow in their apps. Passengers can usually report a crash tied to their specific trip, and drivers report through the driver app. Doing this creates a record on the company's side and is often how their insurance process gets started.

Report the facts simply and honestly. As with any crash, avoid guessing about fault or minimizing your injuries in a rushed app form. If you are hurt, take care of your health first, and you can complete the report when you are able.

The rideshare coverage periods, explained generally

Here is the part that trips people up. Uber and Lyft do not carry one flat policy that always applies. The coverage changes depending on what the driver's app was doing at the exact moment of the crash. In general terms, there are a few periods:

The app is off

When the driver is not logged into the app and is just driving around on personal time, the rideshare company's coverage generally does not apply at all. This is treated like an ordinary crash, and the driver's personal auto insurance is the policy in play.

The app is on, waiting for a ride request

When the driver is logged in and available but has not yet accepted a trip, Uber and Lyft generally provide a more limited layer of liability coverage. It typically kicks in on top of the driver's own policy and applies to injuries the driver causes to other people, but the amounts in this waiting period are usually lower than during an active trip.

On the way to a rider, or with a passenger in the car

Once the driver has accepted a ride and is heading to pick someone up, and while a passenger is actually in the vehicle, the fullest coverage generally applies. Uber and Lyft have publicly stated that during this period they carry up to one million dollars in third party liability coverage, along with coverage that can apply when an uninsured or underinsured driver causes the crash. This is the period that covers most injured passengers.

These figures and rules are general descriptions of how the programs are set up, not a promise about what any particular claim will pay. The right coverage, and the amount available, depends on the facts of your specific crash.

How Florida no-fault fits in

Florida is a no-fault state, which adds another layer. Most drivers here are required to carry personal injury protection, often called PIP, which pays a portion of your own medical bills and lost wages after a crash regardless of who was at fault, up to your policy limits. There is an important catch that surprises many people: to use your PIP benefits, you generally must seek medical treatment within fourteen days of the crash. That is one more reason not to tough it out and skip the doctor.

Depending on your role and how serious your injuries are, PIP, the rideshare company's coverage, the at fault driver's insurance, and even your own auto policy can all come into the picture. Sorting out which one pays, and in what order, is a big part of what makes these cases different from a simple two car crash.

Why rideshare coverage gets so complicated

Put the pieces together and you can see why "hit by an Uber" is rarely simple. A single crash can involve the rideshare driver's personal insurer, Uber or Lyft's coverage, the other driver's insurer, and your own PIP, and each of them has a reason to point at the others. The insurance company on each side may dispute which period the app was in, or argue that a different policy should pay first, or question how badly you were hurt.

Meanwhile you are the one stuck with the medical bills and the missed work while the companies argue. You do not have to referee that fight yourself. A lawyer can pin down what the app was actually doing at the time of the crash, notify the correct insurers, and deal with all of them so you can focus on getting better. If you want to understand how the layers apply to your situation, it can help to talk with a Miami rideshare accident lawyer, or with a Miami car accident lawyer if your crash involved your own vehicle.

How long you have, and how we can help

Deadlines apply here too. As of Florida's 2023 tort reform, most negligence based personal injury claims must be filed within two years of the injury. That is general information, and the deadline for your specific case can differ, so confirm your exact timeline with an attorney rather than assuming. Remember also the separate fourteen day window to seek treatment for PIP purposes.

At Reyes Injury Law, our Miami team handles rideshare and car accident cases on a contingency basis, which means no fee unless we win your case. Even in a contingency case, clients may still be responsible for certain costs and expenses regardless of the outcome, and we explain all of that up front. We are bilingual, se habla espanol, and a real person answers when you call. To talk through what happened and what your options are, reach out through our contact page for a free consultation. There is no obligation and no cost to have the conversation.

Frequently asked questions