You were driving, walking, or riding your bike, minding your own business, and an Uber or Lyft driver hit you. Your claim looks like an ordinary crash at first, but it is not, because how much coverage you can reach depends on what that driver was doing on the app when the impact happened.
Your recovery depends on the driver’s app status
If the rideshare driver had accepted a ride or had a passenger aboard, the company’s one million dollar policy is generally in force. If the driver was only logged on and waiting, a smaller contingent layer applies. If the app was off, it is an ordinary claim against the driver’s personal insurance. The difference can be enormous, which is why the company has every reason to claim the app was off or merely waiting.
When someone is hit by a rideshare driver, the company’s first move is often to minimize what the driver was doing on the app, because that controls the coverage. Establishing the true app status, with the data rather than the driver’s say-so, is the kind of proof I build a case on. Learn more about my background.
Pedestrians, cyclists, and other drivers
Everyone a rideshare driver can hurt has a path to recovery: the driver of the car that was struck, a pedestrian in the crosswalk, a cyclist in the bike lane. The coverage tiers apply the same way to each, and serious pedestrian and bicycle injuries often justify pursuing the full active-ride policy. Proving who is liable and which coverage applies is the same careful work in every one.
Proving the app status
App status is not a matter of taking the driver’s word. The trip logs, the company’s own records, and phone and vehicle data show whether the driver was logged on, had accepted a ride, or was carrying a passenger. Our page on proving a rideshare claim and the app data goes deeper into that evidence.
When the rideshare coverage is not enough
If the rideshare driver was only logged on and waiting, the company’s contingent layer may be too small for a serious injury, and if the app was off, only the driver’s personal policy applies. In either case your own coverage can matter. If you carry uninsured or underinsured motorist coverage, it can fill the gap when the at-fault driver’s available insurance falls short, and identifying that coverage early is part of building the claim the right way.
If you were in your own vehicle, Florida’s no-fault system means your personal injury protection pays your first medical bills no matter who caused the crash. To reach the at-fault rideshare driver and the company policy for your full damages, including pain and suffering, your injury generally has to cross the serious-injury threshold, which covers significant and permanent injuries. A pedestrian or cyclist struck by a rideshare driver faces the same coverage tiers and can pursue the active-ride policy where the harm is severe.
What to do after being hit by a rideshare driver
The single most useful thing you can do at the scene is capture the driver’s status: note whether a passenger was in the car, get the driver’s name and the company, and photograph anything visible on the driver’s phone or windshield mount. Then photograph the vehicles and the scene, collect witness names, and seek medical care promptly. Because the company has every reason to claim the app was off or only waiting, the proof you gather in the first hour can decide which policy ends up paying.
Damages and the deadline
The deadline is shorter than many folks expect. Most Florida injury claims, including rideshare crashes, now must be filed within two years of the date of injury, cut from four by the 2023 tort reform. Florida also follows a modified comparative negligence rule, so a person found more than fifty percent at fault for their own injuries recovers nothing, which is one reason the other side will work to shift blame.
Common Questions
An Uber driver hit my car. Whose insurance pays?
It depends on what the rideshare driver's app was doing at the moment of the crash. If a ride had been accepted or a passenger was aboard, the company's one million dollar policy generally applies. If the driver was only logged on and waiting, a smaller contingent layer applies. If the app was off, it is an ordinary claim against the driver's personal policy.
I was a pedestrian or cyclist struck by a rideshare driver. Do I have a claim?
Yes. Pedestrians and cyclists hurt by a rideshare driver can pursue the same coverage as anyone else the driver injures, and the available limits still turn on the driver's app status at the time. Serious pedestrian and bicycle injuries often justify pursuing the full active-ride policy.
How do I prove the driver was working for Uber or Lyft at the time?
Through the app and trip data, which shows whether the driver was logged on, had accepted a ride, or was carrying a passenger when the crash happened. That data is central to the claim, and a lawyer can move to preserve it before it is lost.
The rideshare driver says the app was off. What if that is not true?
App status is provable, not just a matter of the driver's word. Trip logs, the company's records, and phone and vehicle data can establish what the driver was really doing. Because that status decides how much coverage is available, it is often the most important fact to lock down early.
How long do I have to file a claim after being hit by a rideshare driver?
For most Florida injury claims the deadline is two years from the date of injury, cut from four by the 2023 tort reform. Pinning down the app status and the right insurer takes time, so it helps to start early.
Related: Rideshare accidents, Uber and Lyft insurance coverage, Proving your claim and the app data, and Auto accident victims.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida rideshare insurance is governed by section 627.748 of the Florida Statutes, and the deadline to sue for negligence appears in section 95.11. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
