Miami Rideshare Accident Lawyer
Uber, Lyft, and other rideshare services have become part of everyday life in Miami. Residents and visitors rely on them for trips to Miami International Airport, nights out in Brickell and Miami Beach, commutes to work, and rides throughout Miami-Dade County. But when a rideshare vehicle is involved in a serious crash, determining who is responsible and which insurance policy applies can quickly become complicated.
At Sotolongo Law, we represent people injured in rideshare accidents in Miami and throughout South Florida. Whether you were a passenger in an Uber or Lyft, were struck by a rideshare driver, or were injured because another motorist crashed into the rideshare vehicle carrying you, we can investigate the collision, identify available insurance coverage, and pursue compensation from those responsible.
For more than 20 years, Miami rideshare accident lawyer Pedro P. Sotolongo has worked in personal injury law, including five years practicing medical malpractice defense, gaining an understanding of medicine that continues to shape how he prepares personal injury cases today.
At Sotolongo Law, we know an accident claim is ultimately about more than damaged vehicles and insurance policies. It is about an injured person, the medical care that person needs, and the effect an injury can have on an entire family.
Because We Care® is more than our tagline. It reflects how our boutique firm approaches the people who trust us with their cases.
Why Rideshare Accident Claims Are Different
A collision involving an Uber or Lyft may look like an ordinary car accident at first. Legally, however, an important additional question must be answered: What was the rideshare driver doing at the exact time of the crash?
Florida regulates rideshare companies as transportation network companies, or TNCs. The insurance requirements for a rideshare driver change depending on whether the driver is offline, logged into the app and waiting for a request, or engaged in a prearranged ride.
That distinction can dramatically affect the insurance coverage available after an accident.
A rideshare claim may potentially involve:
- The rideshare driver’s personal automobile insurance;
- Insurance maintained by the rideshare company;
- The liability insurance of another negligent driver;
- Uninsured or underinsured motorist coverage; and
Other potentially responsible parties, depending on how the collision occurred.
Sorting through these policies is an important part of investigating a rideshare accident claim.
Florida’s Rideshare Insurance Requirements
Florida law requires specific insurance coverage when a driver is using a vehicle as part of a transportation network company. The amount and type of required coverage depend on the driver’s status.
When the Driver Is Offline
When a rideshare driver is not logged into the company’s digital network, the special TNC insurance requirements generally do not apply. An accident during this period is handled under the driver’s personal automobile coverage and the same insurance rules that would apply to another private motorist.
The situation changes once the driver logs into the rideshare platform.
When the Driver Is Logged In but Has Not Accepted a Ride
Florida law requires additional coverage when a rideshare driver is logged into the app and available to receive requests but is not yet engaged in a prearranged ride.
During this period, the required primary automobile liability coverage is at least:
- $50,000 for death and bodily injury per person;
- $100,000 for death and bodily injury per accident; and
$25,000 for property damage.
Florida law also requires applicable personal injury protection (PIP) benefits and uninsured/underinsured motorist coverage as provided by law.
The required coverage can be maintained by the driver, the owner of the vehicle, the transportation network company, or a combination of them.
After a Driver Accepts a Ride
The insurance requirements increase substantially once the rideshare driver accepts a ride request.
Under Florida law, a “prearranged ride” begins when the driver accepts a rider’s request through the company’s digital network. It continues while the driver travels to and transports the passenger and ends when the last passenger exits the vehicle.
During this period, Florida requires at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage. Applicable PIP and uninsured/underinsured motorist coverage are also required.
If a driver’s policy required for rideshare activity has lapsed or does not provide the required coverage, Florida law requires insurance maintained by the TNC to provide the required coverage beginning with the first dollar of the claim.
Determining precisely when the driver accepted a trip and whether a passenger was being picked up or transported can therefore be a critical part of an accident investigation.
Claims When a Rideshare Driver Causes the Accident
Rideshare drivers have the same fundamental obligation as other motorists to operate their vehicles safely. A driver who causes an accident through negligence may be responsible for the resulting injuries.
Examples of negligence may include:
- Speeding or driving too fast for traffic conditions;
- Running a red light or stop sign;
- Unsafe lane changes;
- Following another vehicle too closely;
- Failing to yield;
- Driving while fatigued;
- Driving under the influence; or
Becoming distracted while using a phone or rideshare application.
Distracted driving can be a particular concern in rideshare cases. Drivers depend on their phones for navigation, incoming trip requests, passenger information, and other aspects of their work. That does not excuse unsafe driving.
One of the first issues Sotolongo Law can investigate is the driver’s rideshare status when the collision occurred. Florida law requires a TNC driver, upon request, to disclose to parties directly involved in an accident or their representatives whether the driver was logged into the network or engaged in a prearranged ride at the time.
That information can help determine which insurance coverage applies.
Can You Sue Uber or Lyft After an Accident?
The answer depends on the circumstances.
Rideshare drivers are commonly treated as independent contractors rather than traditional employees when the conditions established under Florida law are satisfied. Florida law also limits a transportation network company’s vicarious liability for harm caused by a vehicle operating as a TNC vehicle when statutory conditions are met.
That does not mean an injured person should assume there is no substantial insurance coverage available. Florida separately imposes specific insurance requirements on TNC drivers and rideshare companies.
It is important to distinguish between a claim alleging that a company itself is legally liable and a claim seeking compensation through insurance maintained to cover rideshare activity. Our attorneys can examine the facts rather than making assumptions based simply on the Uber or Lyft name attached to the trip.
What If You Were a Rideshare Passenger and Another Driver Caused the Crash?
Rideshare passengers are frequently injured in accidents their Uber or Lyft driver did not cause.
Suppose you are riding through Miami when another motorist runs a red light and crashes into your rideshare vehicle. The negligent motorist may be responsible for your injuries, just as that driver would be in any other collision.
But the investigation should not necessarily stop there.
The at-fault driver’s bodily injury coverage may be inadequate for a serious injury, or the driver may have no applicable bodily injury coverage at all. Because Florida’s TNC statute requires uninsured and underinsured motorist coverage as provided by Florida law during a prearranged ride, additional coverage issues may need to be examined.
Serious rideshare cases can involve several policies and insurers. Our job is to identify potential sources of recovery and determine how they apply to the particular accident.
The Medical Side of a Rideshare Injury Claim
Insurance companies do not evaluate an injury claim based solely on the violence of a crash. Medical evidence is central to establishing what happened to an injured person and what that injury may mean in the future.
That is an area in which Sotolongo Law brings unusual experience.
Before representing injured plaintiffs, Pedro P. Sotolongo spent five years practicing medical malpractice defense. He learned not only how injury cases are litigated, but also how medical issues are analyzed and challenged.
Every personal injury case has a medical component. A lawyer must be able to understand diagnoses, treatment recommendations, imaging, medical records, causation questions, prognosis, and the opinions of treating physicians and retained experts.
Every lawyer learns the law. Not every lawyer understands the medicine.
That background helps us communicate with physicians, work with medical experts, prepare cases for litigation, and explain how an injury has affected a client’s life.
Depending on the accident, rideshare crashes can cause traumatic brain injuries, spinal injuries, fractures, herniated discs, nerve injuries, orthopedic injuries, scarring, and other serious conditions. Some injuries may require surgery, rehabilitation, or ongoing care.
Our goal is to understand the full medical picture rather than treating an injury as simply another number in an insurance claim.
Compensation After a Miami Rideshare Accident
Insurance coverage matters, but the compensation available depends on the circumstances and severity of the injuries. A claim may include damages for medical expenses, future medical needs, lost income, diminished earning capacity, pain and suffering, disability, and other losses recognized under Florida law.
Serious injuries require particular attention to future consequences. Accepting a settlement before the long-term medical picture is understood can leave an injured person responsible for expenses that appear months or years later.
Sotolongo Law prepares cases with those long-term concerns in mind.
A Miami Law Firm That Understands the Community
Miami is an international city, and the people who need help after serious accidents come from many different backgrounds.
Sotolongo Law caters to Miami’s many Spanish-speaking communities, including Cuban, Venezuelan, Nicaraguan, Argentinian, and other Hispanic and Latin American families throughout South Florida. When someone has been hurt, communication matters. Clients should be able to clearly understand what is happening in their case, what the insurance company is doing, and what comes next.
As a boutique personal injury firm, we strive to provide the individual attention people expect from a smaller practice while being prepared to take on major insurance companies and other powerful defendants.
Frequently Asked Questions About Miami Rideshare Accidents
Does Uber or Lyft’s $1 million insurance apply to every accident involving one of its drivers?
No. Florida’s $1 million minimum liability requirement applies while the driver is engaged in a prearranged ride. When the driver is merely logged into the app and waiting for a request, lower statutory minimum limits apply. If the driver is completely offline, the special TNC requirements generally do not apply.
When does a “prearranged ride” begin under Florida law?
Under Florida law, it begins when the rideshare driver accepts a passenger’s request through the company’s digital network. It continues through the passenger’s transportation and ends when the last passenger has exited the vehicle.
What happens if another driver hits the Uber or Lyft I am riding in?
You may have a claim against the negligent driver who caused the crash. Depending on the facts and available insurance, other coverage, including applicable uninsured or underinsured motorist coverage associated with the rideshare trip, may also need to be investigated.
How can I prove whether the rideshare driver was logged into the app?
Florida law requires a TNC driver, upon request, to disclose to parties directly involved in an accident or their designated representatives whether the driver was logged into the digital network or engaged in a prearranged ride at the time of the collision. Trip records, electronic receipts, app data, and other evidence can also become important in establishing the driver’s status.
Should I talk to the rideshare company’s insurance carrier after an accident?
You may be contacted by an insurer or claims representative seeking information about the collision and your injuries. Before providing a recorded statement, signing documents, or accepting a settlement, consider speaking with a personal injury attorney about your rights and the insurance coverage that may apply.
Contact a Miami Rideshare Accident Lawyer at Sotolongo Law
A rideshare accident can leave you dealing with injuries, medical appointments, missed work, and multiple insurance companies at the same time. You do not have to sort through those issues by yourself.
Sotolongo Law combines more than 20 years of personal injury experience with a boutique firm’s personal approach and a deep understanding of the medical issues that can determine the outcome of an injury claim. We represent accident victims in Miami and throughout South Florida, and we are prepared to stand up to large insurance companies and other powerful defendants.
Contact Sotolongo Law today to schedule a free consultation about your Miami Uber, Lyft, or rideshare accident. You pay no attorney’s fee unless we obtain a recovery for you.