Miami Uber and Lyft accident lawyer

Which Florida laws apply to a Miami Uber and Lyft accident claim

The rules are the same across Florida, so they are written out in full on one page rather than repeated here. They are explained on the statewide Uber and Lyft accident page, with the statute text linked.

The short version, and it is the whole case: what the app was doing decides how much coverage exists. Fla. Stat. § 627.748(7) sets two tiers. A driver logged on and available but not engaged in a prearranged ride must carry primary liability of at least $50,000 per person, $100,000 per incident and $25,000 property damage. A driver engaged in a prearranged ride must carry primary liability of at least $1 million.

Both tiers also require personal injury protection and uninsured and underinsured vehicle coverage. Below both of them sits the driver’s personal policy, which frequently excludes commercial use entirely — so a driver who was logged off is an ordinary driver with ordinary limits. Fault is apportioned under § 768.81 and barred above 50%, and the deadline is two years.

What follows is the part that is specific to Miami-Dade County — where these claims arise, where you will be treated, which courthouse the case goes to, and how the records are obtained.

How much insurance exists in a Miami Uber or Lyft crash?

Not a fixed amount. Three different amounts, and which one applies turns on what the driver’s app was doing at the moment of impact.

Logged off. The driver is an ordinary driver with ordinary limits. Florida requires PIP and property damage liability but no bodily injury liability at all, so there may be nothing that pays for an injury — and the driver’s personal policy frequently excludes commercial use, which can create a dispute about whether it responds at all.

Logged on and available, no ride accepted. Section 627.748(7)(b) requires primary automobile liability of at least $50,000 for death and bodily injury per person, $100,000 per incident, and $25,000 for property damage.

Engaged in a prearranged ride. Section 627.748(7)(c) requires primary liability of at least $1 million for death, bodily injury and property damage.

Both of the logged-on tiers also require PIP and uninsured and underinsured vehicle coverage.

So the single most valuable fact in the case is a timestamp, and it lives on a server rather than at the scene. Between the $50,000 tier and the $1 million tier is a twentyfold difference in what a catastrophic injury can recover.

How the app record is obtained, and why it has to be early

The coverage tier is a question of fact, and the evidence that answers it belongs to the company rather than to anyone at the scene.

What exists: the trip record showing when the request was accepted, where the pickup was, the route taken and when the ride ended; the driver’s online and offline status around the time; and, where the injured person was the passenger, their own receipt and in-app trip history.

What to do immediately if you were the passenger: screenshot the trip in the app before anything changes, including the driver’s name, the vehicle, the times and the route map. Save the emailed receipt. That is the one piece of this evidence you hold yourself.

If you were in the other vehicle you hold none of it, which makes a written preservation demand to the company — naming the driver, the vehicle, the date and the time window — the first substantive step in the case.

Expect the status to be disputed, because the money turns on it. A driver who says they were logged off, or between rides, is making a factual claim that the record either supports or does not.

What is different when you were the one in the back seat

A passenger is in the strongest position of anyone in these cases, for two reasons.

The coverage is at its maximum. A passenger in the car is by definition in a prearranged ride, which puts the claim in the $1 million tier under § 627.748(7)(c).

And comparative fault is rarely in play. Under § 768.81 a share of fault reduces recovery proportionally and bars it above 50 percent — the argument that dominates most motor vehicle claims. A back-seat passenger has essentially no role in how the crash happened.

What still has to be worked out is which driver was at fault, and that may not be the rideshare driver. Where the other vehicle caused it, the rideshare policy may still respond through its uninsured and underinsured coverage, which both tiers require.

One practical point. Report the crash in the app, keep the receipt, and do not accept a goodwill credit or sign anything in exchange for one without reading it. A credit is not a settlement, but the paperwork around it sometimes is.

The Miami-Dade County pickup zones and corridors where these crashes concentrate

Rideshare crashes are not spread like ordinary traffic. They cluster where pickups happen and where drivers make unusual maneuvers to reach them.

The airport pickup decks and PortMiami on a cruise turnaround day generate the densest concentration anywhere in the county: queued vehicles, tight lanes, passengers with luggage stepping between cars, and drivers changing lanes at low speed to reach a pin. Brickell, downtown, Miami Beach and Wynwood produce the night-time version, where double parking into a live lane and a door opening beside a bike lane are the recurring collisions.

The recurring maneuver is the sudden stop or the pull-out from a lane — a driver stopping short of a pin, double-parking, or crossing a lane to reach a passenger. That produces rear-end and sideswipe collisions, and it puts the dispute on where the vehicle was allowed to stop.

And a passenger door opening into traffic is a distinct category here, with the door opener, the driver and any cyclist or vehicle struck all potentially in the case.

Where the Miami office is, and how to get there

DAPENALAW is at 5975 Sunset Drive, Suite 102, South Miami, FL 33143, open Monday to Friday, 08:30 to 17:00. The direct number is (305) 662-4323.

The office is on Sunset Drive in South Miami, a few blocks west of US-1 and close to the South Miami Metrorail station, with parking on site. A first conversation can happen by phone or video, and home and hospital visits are available when someone cannot travel.

You do not have to come in. The first conversation can be by phone or video, documents are handled electronically, and where an injury makes travel difficult the meeting happens where you are. The Sunset Drive office serves Miami-Dade generally, and most often South Miami, Coral Gables, Westchester, Kendall, Coral Terrace, Olympia Heights, West Miami, Sweetwater, Glenvar Heights, Pinecrest, Palmetto Bay, Cutler Bay, Coconut Grove, Little Havana, Hialeah and Doral.

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