Rideshare Accident Lawyer in South Florida — Uber & Lyft Crash Claims

Serving injured passengers, drivers, and third parties across Fort Lauderdale, Hollywood, Miami, Boca Raton, Pompano Beach, and all of Broward, Miami-Dade, and Palm Beach Counties.

Uber and Lyft Accidents in South Florida Are Not Ordinary Car Accident Claims

Rideshare accidents involve a level of legal and insurance complexity that most accident victims — and many attorneys — are not prepared for. When an Uber or Lyft driver causes a crash, multiple insurance policies may be in play simultaneously: the driver’s personal auto policy, the rideshare company’s commercial policy, and possibly your own uninsured motorist coverage. Which policy applies depends entirely on what the driver was doing at the exact moment of impact.

Getting this wrong — or accepting a quick settlement without understanding the full coverage picture — can leave you significantly undercompensated for serious injuries.

Mark Schiffrin, P.A. is a South Florida personal injury law firm with over 35 years of experience representing accident victims in Broward, Miami-Dade, and Palm Beach Counties. Mark personally handles every case and understands the specific insurance layering that governs Florida rideshare claims under Florida Statute §627.748.

Who Can File a Rideshare Accident Claim in Florida?

Rideshare accident claims are not limited to passengers. If you were injured in any of the following situations, you may have a valid claim:

• Passenger in an Uber or Lyft — injured when your driver caused or was involved in a crash
• Occupant of another vehicle — struck by an Uber or Lyft driver who was at fault
• Pedestrian or cyclist — hit by a rideshare vehicle while walking, jogging, or cycling
• Rideshare driver — injured in a crash caused by another driver while you were on a trip
• Passenger in a vehicle struck by a rideshare driver — your claim may run against the TNC’s commercial policy

Florida Rideshare Insurance Law — The Phase System Explained

Florida Statute §627.748, enacted in 2017, created a tiered insurance framework specifically for Transportation Network Companies (TNCs) like Uber and Lyft. Coverage available to you depends entirely on which phase the driver was in at the moment of the crash. This is one of the first and most important facts to establish after any rideshare accident.

Phase 1 — App On, No Ride Accepted

Once a driver activates the Uber or Lyft app to look for passengers but has not yet accepted a ride, limited contingent liability coverage applies. Under Florida law, the minimums are $50,000 per person for bodily injury, $100,000 per incident, and $25,000 for property damage. This coverage is contingent — meaning it only kicks in if the driver’s personal auto policy does not cover the loss. Importantly, Florida law expressly permits personal auto insurers to exclude coverage when a driver is logged into a rideshare app, so in practice this TNC contingent coverage often becomes the primary source.

Phase 2 — Ride Accepted, Driver En Route to Passenger

From the moment a driver accepts a ride request — even before reaching the passenger — Uber and Lyft’s full $1 million primary commercial liability policy activates. This coverage also includes uninsured/underinsured motorist (UM/UIM) protection. If you were injured by an Uber or Lyft driver who was on the way to pick someone up, you are entitled to access this $1 million policy.

Phase 3 — Passenger in the Vehicle

Once a rider is in the vehicle, the same $1 million primary commercial liability policy that applies in Phase 2 remains in effect until the last passenger exits. As a passenger, this is the coverage that directly protects you for injuries suffered during your trip.

App Off — Driver’s Personal Policy Only

If the driver was not logged into the Uber or Lyft app at the time of the crash, the rideshare company provides no coverage at all. Your claim would proceed against the driver’s personal auto insurance exclusively — just as in any other car accident. In this scenario, the available coverage may be significantly lower, making it more important to identify all possible defendants and coverage sources.

Why Rideshare Accident Claims Are More Complex Than Ordinary Car Accidents

Multiple Insurers, Disputed Coverage

Uber and Lyft drivers are classified as independent contractors, not employees. This classification is intentional — it limits the companies’ direct liability and pushes disputes into insurance coverage territory. In practice, you may face disputes between the driver’s personal insurer and the TNC’s commercial insurer over which policy is primary. Without an experienced attorney, these disputes can stall your claim indefinitely.

App Status Is Controlled Data

Determining which phase applies requires the driver’s trip log from Uber or Lyft’s systems. These companies are not obligated to volunteer this information. An attorney can issue a timely preservation demand and, if necessary, subpoena this data through litigation. Delay can result in data being lost or overwritten.

Personal Policies Often Exclude Rideshare Activity

Florida law explicitly allows personal auto insurers to exclude coverage during app-on and active-trip periods under Fla. Stat. §627.748. Many drivers do not carry a rideshare endorsement on their personal policy. This means victims cannot simply file against the driver’s personal insurer — they must understand which commercial policy applies and how to access it.

Uber and Lyft Use Experienced Claims Teams

Both companies maintain dedicated insurance claims departments and work with experienced defense adjusters whose job is to minimize payouts. An injured person dealing with these teams without representation is at a significant disadvantage from the first phone call.

Driver Negligence Is Not the Only Theory of Liability

Beyond the driver’s negligence, there may be additional claims available — including negligent hiring or entrustment if the company failed to adequately screen the driver, or product liability if a vehicle defect contributed to the crash. Mark Schiffrin investigates all possible theories of recovery in rideshare accident cases.

What Compensation Can You Recover After a South Florida Rideshare Accident?

Injured victims of Uber and Lyft accidents in Florida may be entitled to compensation for:

• Medical expenses — emergency care, hospitalization, surgery, physical therapy, future treatment costs
• Lost income — wages lost during recovery and reduced earning capacity from permanent injuries
• Pain and suffering — physical pain, emotional distress, anxiety, and PTSD
• Property damage — damage to your vehicle or personal belongings
• Loss of enjoyment of life — inability to participate in activities you enjoyed before the crash
• Wrongful death damages — for families who lost a loved one in a fatal rideshare crash

The $1 million commercial policy that applies during active Uber and Lyft trips represents significantly more available coverage than a standard Florida auto accident — but only if the right phase is established and the claim is properly structured. Mark Schiffrin builds rideshare cases to capture the full value of available coverage.

What to Do After an Uber or Lyft Accident in South Florida

The steps you take immediately after a rideshare crash have a direct impact on your ability to recover compensation. Here is what to do:

• Call 911 — Report the crash and request medical assistance if anyone is injured
• Screenshot the app — If you were a passenger, take a screenshot of the active trip in the Uber or Lyft app immediately. This documents the trip ID, driver name, and vehicle — critical evidence that may otherwise be difficult to retrieve later
• Photograph everything — The vehicles, damage, license plates, skid marks, road conditions, and any visible injuries
• Collect information — Get the driver’s name, license plate, vehicle insurance, and the rideshare company name. Note whether the app was active
• Get witness information — Names and contact details of anyone who saw the crash
• Seek medical attention immediately — Florida’s 14-day PIP rule requires you to seek initial treatment within 14 days of the accident to preserve your right to PIP benefits
• Do not give a recorded statement — Not to the driver, not to Uber or Lyft’s claims team, and not to any insurer before speaking with an attorney
• Contact Mark Schiffrin, P.A. — Early legal involvement is especially important in rideshare cases where app data and coverage determinations need to be secured quickly

How Mark Schiffrin Handles South Florida Rideshare Accident Cases

Rideshare accident cases require a methodical approach from day one. Here is how Mark Schiffrin handles them:

Immediate Evidence Preservation

We send preservation demands to Uber and Lyft for all trip records, driver activity logs, and app-status data tied to the time of your crash. This evidence is essential for establishing which insurance phase applies and cannot be delayed.

Full Insurance Coverage Analysis

We identify every potentially applicable policy — the TNC’s commercial policy, the driver’s personal policy, your own UM/UIM coverage, and any other coverage available to you — and determine how they interact under Florida law.

Medical Documentation

We work with your treating physicians to ensure your injuries are fully documented and that future medical needs are properly projected. This is critical for maximizing your recovery, particularly in cases involving ongoing or permanent injuries.

Direct Negotiation With TNC Insurers

We deal directly with Uber and Lyft’s insurance representatives and their defense teams. You will not have to navigate these conversations alone.

Litigation When Necessary

If a fair settlement cannot be reached, we file suit. Mark Schiffrin has extensive courtroom experience across Broward County, Miami-Dade County, and Palm Beach County courts and is fully prepared to take your rideshare case to trial.

Why Choose Mark Schiffrin, P.A. for Your South Florida Rideshare Accident Case?

• 35+ years of personal injury experience in South Florida — practicing since 1983
• Deep familiarity with Florida Statute §627.748 and the TNC insurance framework
• Knowledge of local courts, judges, and insurance company tactics in Broward, Miami-Dade, and Palm Beach Counties
• Personal, one-on-one attorney attention on every case
• Available after hours — including evenings and weekends
• Free consultation to evaluate your rideshare accident claim

Frequently Asked Questions — South Florida Rideshare Accident Claims

Can I sue Uber or Lyft directly after an accident?

In most cases, you cannot sue Uber or Lyft directly as an employer because their drivers are classified as independent contractors. However, you can file a claim against the company’s commercial insurance policy when the driver was in Phase 2 or Phase 3. In limited circumstances — such as negligent hiring or failure to screen a driver with a known dangerous history — a direct negligence claim against the company may be available. Mark Schiffrin will evaluate all possible claims in your case.

What if the Uber or Lyft driver was not at fault?

If another driver caused the crash — not the Uber or Lyft driver — your primary claim is against that at-fault driver’s insurance. However, if you were a passenger in the rideshare vehicle and the at-fault driver is uninsured or underinsured, Uber and Lyft’s UM/UIM coverage (up to $1 million during active trips) may cover your injuries. This is a significant benefit of being a rideshare passenger compared to being in a private vehicle.

What if I was the Uber or Lyft driver who got hurt?

Rideshare drivers injured in crashes caused by other drivers can access Uber and Lyft’s UM/UIM coverage during active trips (Phase 2 and Phase 3). During Phase 1, limited UM/UIM coverage also applies. If the crash happened while the app was off, your personal auto policy is your only coverage. Mark Schiffrin represents injured rideshare drivers as well as passengers and third parties.

How do I know which phase the driver was in?

This is one of the most important facts to establish — and one that requires prompt legal action. Trip activity logs are controlled by Uber and Lyft and must be requested through a formal preservation demand or, if necessary, through the discovery process in litigation. This is another reason why contacting an attorney quickly after a rideshare accident is so important.

Does Florida’s 14-day PIP rule apply to rideshare accident victims?

Yes. Florida’s Personal Injury Protection (PIP) rule requires all accident victims — including rideshare passengers and third-party claimants — to seek initial medical treatment within 14 days of the crash to preserve PIP benefits. Missing this deadline can significantly harm your overall claim. If you were injured in a rideshare crash, seek medical attention now.

How long do I have to file a rideshare accident claim in Florida?

For accidents occurring on or after March 24, 2023, Florida’s statute of limitations for personal injury claims is 2 years from the date of the accident. For older accidents, the limit is 4 years. Do not wait. Evidence from Uber and Lyft’s systems is time-sensitive, and the legal deadline is firm.

What if the rideshare driver had no valid insurance?

Florida’s rideshare statute requires Uber and Lyft to maintain insurance coverage for their drivers during all app-active phases, regardless of the driver’s personal coverage. If the driver’s personal policy lapses or excludes rideshare activity, the TNC’s policy fills the gap. Your own UM/UIM coverage may also be available.

Related Practice Areas

This page is part of a cluster of South Florida personal injury resources. See also:

• Auto Accident Attorney South Florida — Pillar page covering all vehicle accident claims
• Car Accident Attorney Fort Lauderdale — Broward County car crash representation
• Miami Car Accident Attorney — Miami-Dade County accident claims
• Truck Accident Attorney South Florida — 18-wheeler and commercial vehicle crashes
• Wrongful Death Attorney South Florida — For families who lost someone in a fatal rideshare crash
• South Florida Personal Injury Attorney — Overview of all practice areas

Contact Mark Schiffrin P.A. — Free Rideshare Accident Consultation

Uber and Lyft accident cases move on a tight timeline. App data disappears, insurance coverage windows close, and Florida’s statute of limitations is unforgiving. The sooner you have legal representation, the stronger your position.

Mark Schiffrin has been helping South Florida injury victims since 1983. If you or a family member were hurt in an Uber or Lyft accident anywhere in Broward, Miami-Dade, or Palm Beach County, contact us today for a free, no-obligation consultation — available evenings and weekends.