Can you sue Uber for an accident? Uber and Lyft in Florida

Can you sue Uber for an accident? Sometimes, but usually the claim runs against the driver, and Uber's or Lyft's insurance pays it. Florida law requires rideshare companies to carry $1 million in liability coverage once a driver accepts a trip. If you were hurt as a rider, driver or someone in another car, there's usually a policy that applies.

Which policy applies, and how much it covers, depends on what the rideshare driver was doing at the moment of the crash. This guide explains how that works in Florida, when Uber or Lyft itself can be held responsible, and what to do in the days after a rideshare accident.

Can you sue Uber for an accident?

In most Florida rideshare cases, you don't need to sue Uber or Lyft directly to get paid. Under Florida's rideshare law (§627.748), drivers are generally treated as independent contractors, not employees. That usually means the company isn't automatically responsible for a driver's careless driving the way an employer might be.

What the law does instead is require the company to make sure insurance is in place. So in practice, a claim usually goes like this:

1. The injured person makes a claim against the at-fault driver.
2. The rideshare company's insurer handles and pays that claim, up to the policy limit.
3. If the claim doesn't settle, a lawsuit is usually filed against the driver, and the rideshare insurer defends it.

When Uber or Lyft itself may be liable

There are narrower situations where the company's own conduct may be at issue, for example if it ignored serious safety complaints about a driver or failed to run the background checks Florida requires. These claims are harder and depend heavily on the facts. Uber's and Lyft's terms of service also include arbitration provisions that can affect claims brought against the company itself. A lawyer can tell you whether any of this applies to you.

Is Uber liable for accidents? It depends on the period

Florida law sets minimum coverage based on what the driver was doing. People often describe these as "periods."

Coverage during these periods must also satisfy Florida's PIP and property damage requirements. If the driver's own policy doesn't cover the app-on waiting period, the rideshare company's policy is required to step in.

One catch for drivers: many personal auto policies exclude rideshare driving. If you drive for Uber or Lyft without a rideshare endorsement, your personal insurer may refuse a claim from any period when the app was on.

If you were a passenger

As a rider, you generally aren't at fault for anything, so the main question is which driver caused the crash.

• Your PIP comes first. Florida's no-fault system means your own personal injury protection pays first, regardless of fault. If you don't have PIP of your own, you may be able to claim under the PIP coverage on the rideshare vehicle. Our Florida PIP explainer covers what it pays and the 14-day rule.
• If your rideshare driver caused the crash, the $1 million policy generally applies to your injury claim.
• If another driver caused it, your claim is against that driver's insurance first. Florida doesn't require most drivers to carry bodily injury coverage, so that policy may be small or missing. Uninsured/underinsured motorist coverage, from your own policy or sometimes from the rideshare company, may help close the gap.

Does Uber cover accidents for drivers?

Partly. The rideshare company's liability policy is there to pay for injuries and damage you cause to others. It generally doesn't pay for your own injuries just because you were working.

If you drive for Uber or Lyft and get hurt, your recovery usually comes from:

• PIP, which pays 80% of reasonable medical costs and 60% of lost income, regardless of fault, if you get care within 14 days.
• The at-fault driver's insurance, if someone else caused the crash.
• Uninsured/underinsured motorist coverage, if the other driver has little or no insurance and that coverage applies.
• Optional driver injury coverage, if the platform offers it in Florida and you enrolled.

Because drivers are independent contractors, workers' compensation generally doesn't apply. Your share of fault matters too. Under Florida's modified comparative negligence rule, if you're found more than 50% at fault, you generally can't recover from the other driver. If you're 50% or less at fault, your recovery is reduced by your share. We explain how those percentages get assigned in Florida's new comparative negligence law.

What to do after an Uber or Lyft accident

1. Call 911 if anyone is hurt, and get the police report number.
2. Take photos of the vehicles, the scene, the driver's license plate and any injuries.
3. Screenshot the app. Save the trip details, the driver's name, the route and the timestamps. This shows which coverage period applies.
4. Get names and contact information for the drivers, other passengers and witnesses.
5. Get medical care within 14 days, even if you feel okay, so your PIP benefits are protected.
6. Report the crash in the app. Keep your report factual and short.
7. Be careful with insurance calls. You may hear from the rideshare company's insurer, the other driver's insurer and your own. You don't have to give a recorded statement to the other side's insurer.
8. Talk to a lawyer before you sign anything or accept a settlement.

How long you have to file

For most negligence claims in Florida, including car and rideshare crashes, you generally have two years from the date of the accident to file a lawsuit. That deadline was shortened from four years in March 2023. Evidence like app data and dashcam footage can disappear much sooner, so it's worth acting early.

Frequently asked questions

Can I sue Uber if my driver was at fault?

You can make a claim, and Uber's $1 million policy generally covers it while you're on the trip. The claim is usually made against the driver, with Uber's insurer paying. Suing Uber itself is usually reserved for cases where the company's own conduct contributed to the crash.

What if my rideshare driver had the app off?

Then it's treated like any other car crash. The driver's personal auto policy applies, and the rideshare company's coverage generally doesn't. That's true whether you were in another car, crossing the street, or riding along as a friend rather than a paying passenger. Your own PIP still pays first.

Are Uber and Lyft accidents handled the same way?

Generally, yes. Florida's rideshare law applies to all transportation network companies, so Uber and Lyft are subject to the same minimum coverage rules. The insurers, claim processes and optional driver benefits can differ, so the details of your claim may vary by platform.

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Rideshare crashes involve more insurance companies than most accidents, and each one is looking out for its own bottom line. If you were hurt in an Uber or Lyft crash, our car accident team can sort out which policies apply. The case review is free, in English or Spanish, and there's no fee unless we recover for you.