Florida is a destination that draws many tourists throughout the year. Rather than renting vehicles, many out-of-state visitors opt for rideshare services like Uber and Lyft to fulfill their transportation needs. But what happens if tourists are injured in rideshare accidents? In these unfortunate circumstances, the lines of the law can be blurred, making it difficult to consider what the future may hold.
By doing some research on such a complex topic, you’ll be able to make well-rounded decisions that protect your best interests. If you find yourself facing the uncertainty of a personal injury claim, this article will break down Florida’s liability laws to inform you of your rights and legal options after an accident so you can take the most appropriate steps forward…
What Florida’s No-Fault Insurance System Means For Out-Of-State Residents
Florida is among the U.S. states that operates under a “no-fault” insurance system. This means that each person’s insurance company is responsible for covering their losses – regardless of who caused the crash.
This creates a unique and complex issue for tourists. If you’re from out of state and aren’t covered under a Florida insurance policy, it’s likely you don’t carry Personal Injury Protection (PIP) coverage (which Florida law requires for residents).
So, what happens when out-of-state passengers are injured in a rideshare vehicle? Well, this all depends on the details of the incident…
Insurance Requirements For Rideshare Companies In Florida
There are specific state laws that dictate commercial insurance coverage for businesses that transport passengers, like Uber and Lyft. This coverage depends on what the driver is doing at the time of the accident:
1. When The Rideshare Application Is Off:
- The driver’s personal auto insurance applies, and the company is not liable during this period.
2. When The Application Is On, But No Ride Has Been Accepted:
- Minimum coverage for the rideshare company applies, which is $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage.
3. When The Ride Has Been Accepted, And The Passenger Is Inside The Vehicle:
- Uber and Lyft are required to provide $1 million in Bodily Injury (BI) liability coverage, and contingent comprehensive/collision coverage.
*Most tourists injured as active passengers in an in-progress ride are usually covered under the $1 million commercial policy provided by Uber or Lyft.
How To Determine Fault And Liability In Serious Cases
While Florida is technically a no-fault state, one can still pursue a personal injury claim against the at-fault party if the injuries sustained are serious enough. To do so outside the no-fault system, the circumstances may include:
- Permanent or significant loss of an important physical function
- Permanent injuries with a high amount of medical probability
- Notable scarring or disfigurement
- Death
If the victim meets one of these criteria, they may file a lawsuit against the liable party, which could be the rideshare driver, another driver, or a third party (such as the car manufacturer for faulty parts).
Filing A Rideshare Accident Claim In Florida: A Roadmap For Tourists
1. Common Coverage Under Rideshare Insurance Policies
If you were an Uber or Lyft passenger in an active ride, your injuries are likely to be covered under their $1 million liability policies. This provides compensation for medical bills, lost wages, pain and suffering, and more.
2. Florida State Laws Apply
Even if you are from another state or country, Florida’s laws will dictate your case since the incident took place inside state lines. This also means you should seek assistance from an attorney based in Florida, given their familiarity with state and local personal injury claim procedures.
3. Statute Of Limitations
It is important to remember that Florida has a two-year statute of limitations for most personal injury claims. This means lawsuits must begin within two years of the accident date. If you fail to take legal action within this timeline, your claim will likely be dismissed.
4. Comparative Fault
Florida also follows a modified comparative negligence rule, which means if you are found to be more than 50% at fault, you cannot recover damages. However, as a rideshare passenger, you are rarely considered to be at fault unless you interfere with the driver or engage in other negligent behavior that contributed to the accident.
What To Do In The Wake Of A Florida Rideshare Accident
Tourists in rideshare accidents should take these steps to ensure their safety and the success of their claim:
- Call Emergency Services And Seek Medical Care: Your safety comes first. It is crucial to get checked by a medical professional even if your injury seems minor at first – whiplash, concussions, and other conditions can take time to show the full extent of their symptoms.
- Document The Scene: If possible, take photos of the scene, vehicle damage, license plate numbers, and all visible injuries. Additionally, you should save screenshots of the rideshare app’s in-progress trip and gather witness information.
- Report The Accident Using In-App Services: Both Uber and Lyft provide tools for reporting accidents. File your report immediately to initiate the insurance process.
- Obtain A Copy Of The Police Report: Another piece of key evidence is the official accident report. Requesting a copy for your personal records could be important down the road.
- Consult With A Trusted Florida Personal Injury Attorney: Find a lawyer who is familiar with rideshare accident claims. They will help you understand your rights, negotiate with insurance companies, and obtain fair compensation on your behalf.
Be Aware Of Unique Challenges For Injured Tourists
Sustaining an injury while traveling adds an immense level of stress to the whole experience. Logistical issues like needing to return home before treatment concludes, navigating follow-up care from afar, managing the insurance claim from a different time zone, and attending court proceedings make everything more complicated than normal.
Fortunately, many personal injury attorneys in Florida are able to work with their clients remotely. This can help with things like arranging medical care and settling claims without the victim needing to physically be there. However, it is advisable to do as much in Florida as possible before returning home.
Is It Possible To Sue Uber Or Lyft Directly?
Given that these companies generally classify their drivers as independent contractors, this limits their direct liability. However, insurance policies do still apply, and under some circumstances, lawsuits may involve the parent company. In most cases, claims will be handled through the rideshare company’s insurer rather than direct litigation against the corporation itself.
Fenstersheib Law Group, P.A. Provides A Presence Across Florida
Our firm is pleased to serve clients involved in rideshare accidents across the state of Florida. We have a strong presence and a commitment to accessible legal support – especially for those managing their matters from out-of-state.
Fenstersheib Law Group’s main office is located in Hallandale Beach, with additional offices maintained in Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, and Jacksonville that are available by appointment only.
No matter where you may reside, our rideshare accident attorneys are here to help. To get started with a free consultation, call 800-TELL-ROBERT today!
