
Rideshare accidents involve complex insurance tiers. Depending on whether the app was on, off, or engaged, your settlement could range from zero to $1 million. Here is how to navigate the claims process.
You spent the night at LIV or E11EVEN and did the responsible thing: you called an Uber. But then your driver, distracted by the GPS, t-boned a tourist. Now your back hurts, and you have no idea who sues who.
Rideshare cases are not like regular car accidents. They rely on a "tiered" insurance system that determines exactly how much money is available for your medical bills.
Period 1: App On, Waiting for Ride If the driver has the app on but has not accepted a ride yet, Uber and Lyft provide lower limits—typically $50,000 per person for injury. This is often barely enough to cover an ER visit and initial MRI scans at a place like Jackson Memorial Hospital.
Period 2 & 3: Ride Accepted or Passenger in Car This is the "golden ticket" for injury victims. Once the driver accepts a ride or has you in the car, a $1 million liability policy kicks in. This policy covers:
- Past and future medical expenses.
- Lost wages if you cannot work.
- Pain and suffering.
However, getting access to that policy is difficult. The rideshare companies utilize powerful defense firms to argue that the driver was an "independent contractor" and that you were not wearing a seatbelt, or that your injuries were pre-existing.
What If the Other Driver Hit Your Uber? If your Uber driver was not at fault, you usually claim against the other driver first. But if that driver is uninsured (very common in Miami-Dade), the rideshare company's $1 million policy also includes Uninsured Motorist coverage. This is a critical safety net that many personal injury lawyers overlook.
Preserving the Digital Evidence In these cases, the data is everything. We need to download the "black box" data and the app logs immediately to prove the ride was in progress. If you wait, that data disappears, and with it, your chance at the full policy limit.
According to the National Highway Traffic Safety Administration, traffic fatalities are rising, and rideshare vehicles are frequently involved due to high mileage and driver fatigue. Don't let a tech giant lowball your recovery.
Mariel Tollinchi, Esq.
Managing Partner at Tollinchi Law
With years of experience fighting for injury victims across Florida, Mariel is dedicated to helping families get the compensation they deserve.
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