The single most important fact in a rideshare claim is also the most overlooked: how much insurance is available depends entirely on what the driver was doing on the app when the crash happened. Florida’s Transportation Network Company law, section 627.748, sets it out in tiers, and the gap between them is large.
The three periods of rideshare coverage
Florida ties the available insurance to three stages of the driver’s app status, from the app being off, to logged on and waiting, to an accepted ride in progress.
| Driver’s app status | Whose coverage applies | Typical minimum limits |
|---|---|---|
| App off | The driver’s personal auto policy only | Whatever the driver’s own policy carries |
| App on, waiting for a ride request | The company’s contingent coverage, where the personal policy will not pay | At least 50,000 per person, 100,000 per crash, and 25,000 for property damage |
| Ride accepted, through drop-off | The company’s primary coverage, no matter what the personal policy says | At least 1,000,000 in combined liability, plus uninsured motorist coverage |
Reading these layers and forcing the right one to respond is detail work, and detail work is what I do. The difference between the waiting tier and the active-ride policy can be the difference between a fraction of your losses and full coverage, so getting the app status and the policies right is everything. Learn more about my background.
Contingent versus primary, and why it matters
During the waiting period the company’s coverage is contingent, meaning it pays only where the driver’s own policy will not. Once a ride is accepted, the company’s one million dollar coverage is primary and pays first, no matter what the personal policy says. Because so many personal auto policies exclude driving for hire, the company tiers are frequently the only real coverage during work periods.
The protections Florida builds in for injured people
The statute does not leave an injured person caught between insurers. If the driver’s personal policy has lapsed or falls short, the company’s insurer must pay from the first dollar, and the company’s coverage cannot be made to wait for the personal insurer to deny the claim first. Required uninsured and underinsured motorist coverage adds another layer when the at-fault party had little or no insurance of their own.
Why the personal policy so often steps away
Florida law lets a personal auto insurer write a policy that provides no coverage at all while the driver is logged on to the app or carrying a passenger, and section 627.748(8) makes clear that nothing requires the personal policy to cover those periods. Many drivers do not learn this until after a crash. A driver can buy a rideshare endorsement that bridges the gap, but plenty do not, which means that during the very hours a driver is on the road for money, the personal policy may be worth nothing at all. That is the whole reason the company tiers exist, and it is why the active-ride policy matters so much when someone is seriously hurt.
The waiting period is the thinnest of the three. While a driver is logged on but has not yet accepted a ride, the company carries only the contingent layer of fifty thousand per person and one hundred thousand per crash, and that layer pays only to the extent the personal policy does not. If the personal policy excludes rideshare use, that smaller company layer can be the only coverage in play, and it may fall well short of what a serious injury can cost.
Where the fight really happens
Because the coverage rises and falls with the app, the insurers have every reason to argue over what the driver was doing at the instant of impact. The personal insurer points at the company, the company points back at the personal insurer, and the injured person is left waiting while the bills arrive. Florida built two guardrails into the statute for this exact situation: if the driver’s personal policy lapsed or does not meet the required limits, the company’s insurer must pay from the first dollar, and the company’s coverage cannot be held back until the personal insurer formally denies the claim.
Making it work means pinning down the app status with the trip data, identifying every layer of coverage including any uninsured motorist protection, and refusing to let one insurer hide behind another. That is the work that turns a tangle of competing policies into a recovery you can collect.
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
How much insurance does Uber or Lyft carry in Florida?
It depends on the driver's app status. While the app is on and the driver is waiting for a ride, the company carries a contingent layer of at least 50,000 per person, 100,000 per crash, and 25,000 for property damage. From the moment a ride is accepted until the passenger is dropped off, the company carries at least one million dollars in combined liability.
What is the difference between contingent and primary coverage?
Contingent coverage fills a gap, so it pays only where the driver's personal policy will not. Primary coverage pays first, no matter what the personal policy says. The waiting period uses a contingent layer, while the active-ride period uses the full primary one million dollar policy.
What if the rideshare driver's personal insurance will not pay?
Florida builds in a backstop. If the driver's personal policy has lapsed or does not provide the required coverage, the company's insurer must cover the claim from the first dollar, and the company's coverage cannot be made to wait for the personal insurer to formally deny the claim first.
Can a personal auto policy refuse to cover a rideshare crash?
Yes. Florida law lets personal auto insurers exclude coverage while the driver is logged on to the app or carrying a passenger, and many policies do exactly that. That is why the company's coverage tiers matter so much, because the personal policy may step away entirely during work periods.
Does uninsured motorist coverage apply in a rideshare crash?
Often, yes. The required coverage includes uninsured and underinsured motorist protection, which can matter when the at-fault driver was someone other than the rideshare driver and that person had little or no insurance. Identifying every layer of coverage is one of the first things we do.
Related: Rideshare accidents, Injured as a passenger, Uninsured motorist coverage, and How PIP works.
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, personal injury protection by section 627.736, and uninsured motorist coverage by section 627.727. 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.
