When you’re involved in an Uber or Lyft accident, knowing where to turn to for help can be confusing. Car accident insurance claims are complicated enough without adding in the rideshare element. However, you are still entitled to compensation if you were injured by another person’s negligence or reckless driving. Yet, the process of securing fair compensation is often more challenging and requires help from our Tampa Uber accident attorney.

Schedule your free consultation today.


What Is Ridesharing?

Ridesharing is a type of transportation service people can access using an app on their smartphones. Drivers use their own vehicles to pick up riders and transport them to their destinations. Payment and all other aspects of rideshare are handled through the app, making it a convenient and popular transportation method.

Although there are several ridesharing services in the United States and worldwide, the most popular ones are Lyft and Uber. When it comes to Uber vs. Lyft, accident and third-party liability insurance policies are about the same.


What Should I Do If I’m Injured in an Uber Accident in Tampa?

After a rideshare accident, it’s important to take the right steps to make sure you get fair compensation for your injuries, property damage, and suffering. If you were in a Lyft or Uber accident, here are what-to-do rideshare accident tips:

  1. Call 911: You should call 911 immediately and report the accident, as well as request medical assistance for any injuries. 
  2. Move to a safe place: Depending on where the accident occurred, you may need to move out of the way to avoid moving traffic and other hazards on the road.
  3. Seek medical attention for anyone injured: Getting medical care if you’ve been injured ensures you get the help you need right away. Also, you have documentation of your injuries as a direct result of the accident.
  4. Take pictures of damage, injuries, and the accident scene: Try to capture as many details as you can about the accident. 
  5. Get information from all parties involved: It’s important to get the contact info from the drivers and any witnesses, especially if you plan to make a claim for compensation.
  6. Report the accident to Lyft or Uber: Rideshare companies carry liability insurance, which may cover some of your damages. Make sure you have the accident on record with Uber or Lyft so you can make a claim through their insurance if needed.
  7. File a police report: The police will usually file a police report when they come to the accident scene. However, in Florida, the limit to file a police report after an accident is 10 days. So, if the police failed to file a police report, you will have to. It’s crucial that you don’t miss your window to file an official report.
  8. File your rideshare accident claim: Before filing your insurance claim, it is highly recommended that you speak with a Tampa accident attorney. Different parties may be responsible for your injuries, and knowing who to file against is crucial to ensure you receive your compensation.

Can I Sue Uber After an Accident in Tampa?

Before you can sue Uber after a car accident in Tampa, you must first sue the Uber driver if they were at fault. Uber drivers are required to have insurance to cover accidents and injuries. If the amount of their coverage is insufficient to cover your losses, then you can also sue Uber and seek damages against their insurance. 

Who Is Liable in a Rideshare Accident?

The person ultimately liable for the rideshare accident depends on the circumstances that led to the crash and the ride status. If negligence was involved, victims may be able to bring a legal claim for their damages.

Florida does use modified comparative negligence when determining fault. In cases where the injured party is determined to be partially at fault, they can only recover a percentage of damages. Additionally, the injured party’s fault must be less than 50%. 

For example, you were not wearing a seatbelt when the accident occurred. It is determined you were 15% at fault. So, your total settlement amount would be reduced by 15%.  

Who Is Responsible for My Injuries in a Tampa Uber Accident?

Florida is a no-fault state, which means each person is responsible for their own injuries, per Florida Statute 627.736. So, if you have car insurance, you would need to begin by filing a claim against your own car insurance, specifically, your PIP (personal injury protection) coverage.

Then, if your losses are more than your PIP coverage, you can file a claim against the Uber driver’s insurance if they were at fault. If their insurance is insufficient, your next step would be to file directly against Uber’s insurance as long as the driver was on duty at the time of the accident. 

However, if the Uber driver was not at fault for the accident, you would start by filing against your PIP insurance and then file against the at-fault party’s insurance. If you do not own an automobile and do not have car insurance, the process would begin by filing directly against the at-fault driver’s insurance.

About Jack G. Bernstein Esq.
Personal Injury Lawyer

Car Accident Lawyer Tampa - Jack Bernstein

For more than 40 years, personal injury lawyer Jack G. Bernstein — a member of the Florida State Bar Association, the Hillsborough Bar Association, and the Clearwater Bar Association — has protected the rights of individuals injured by a negligent party. 

Mr. Bernstein has the expertise to handle various injury cases, including, but not limited to, car accidents, medical malpractice cases, cruise ship accidents, accidental drownings, wrongful death lawsuits, along with most injury and catastrophic occurrences, and legal malpractice issues.

With a staff of approximately 40 people, including six lawyers and 34 support personnel, Jack Bernstein, Injury Attorneys, handles every type of personal injury and accident case throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. Our office has the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.


How Does Insurance Coverage Work in Uber Accidents?

You may wonder, “If I have an accident with rideshare insurance, who covers me first? Uber or personal policy?” Under Florida’s no-fault requirement, you would file under your personal policy first if you have one. Otherwise, you would be able to make a claim against the responsible party’s policy. 

Here are a few scenarios for rideshare accidents in which liability insurance may apply:

1. Uber or Lyft Accident While the Driver Is With a Passenger and Logged Into the App

If the driver meets Uber car requirements, is logged into the rideshare app, and is en route with a passenger, rideshare coverage for Uber and Lyft includes:

  • $1 million third-party liability coverage
  • $1 million uninsured or underinsured bodily injury coverage

All people in the rideshare vehicle, including the driver, are covered by this insurance plan if the other driver is at fault. It also applies in hit-and-run accident scenarios in which the responsible party leaves the scene of the accident without providing contact information.

2. Uber or Lyft Accident While the Driver Is Logged Into the App With No Passenger

When the accident occurs when the driver does not have a passenger but is logged into the app, drivers should have access to the rideshare company’s liability coverage as long as they are not at fault.

  • $50,000 – bodily injury per person
  • $100,000 – bodily injury per accident
  • $25,000 – property damage

However, this is third-party liability coverage and generally only covers what your personal auto insurance does not.

3. Uber or Lyft Accident When Driver Is Not Logged Into the App

When a driver is not logged into the app, they are not covered by the rideshare company’s insurance. They must be logged into the rideshare app and actively transporting or picking up passengers to be eligible for coverage for damages.

You may also wonder, “Are rideshare drivers getting duped when they get in an accident?” If you’re a rideshare driver and were in an accident, contact our team to see how we can help you claim financial compensation for your damages through the rideshare insurance policy.


How Do I File a Claim After an Uber Accident in Tampa?

To file a claim after an Uber accident in Tampa, you would initially file against your auto insurance. If your personal losses are more than your coverage limits, then you would file against the responsible party’s insurance. Due to the complexities of Uber accident claims, it is highly recommended that you obtain assistance from our Tampa Uber accident lawyers.

What Compensation Can I Receive for an Uber Accident Injury in Tampa?

Lyft or Uber accident victims can file a claim with their no-fault insurance provider to recover the following damages:

  • Medical bills
  • Lost wages
  • Property damage
  • Cost of temporary transportation needs

If you also need to file a claim with the at-fault party’s insurance policy, you may be able to recover costs for:

  • Future medical care needs
  • Loss of earning capacity
  • Pain and suffering

When your injuries and suffering are severe enough that your insurance and the at-fault driver’s insurance do not completely cover your expenses, you can file a third-party claim through the rideshare company’s insurance.

What if the Uber Driver Was at Fault in the Accident?

Even if the Uber driver is at fault for the car accident, you still file against your insurance first. However, there can be exceptions depending on the specific circumstances of your situation. 

Can Passengers Sue Uber Drivers for Negligence?

It is possible for passengers to sue Uber drivers for negligence when they are determined to have been at fault for the car crash. However, you must first exhaust your own personal insurance benefits or have had severe injuries that warrant suing the driver. 

How Long Do I Have to File a Lawsuit After an Uber Accident in Tampa?

In Florida, the statute of limitations for filing a claim is two years from the accident date. There are exceptions, such as a minor being injured. However, your insurance company or the insurance policy of the other parties involved may have their own time limitations. It’s vital that you seek compensation for your damages as soon as possible before you run out of time to file a claim.

Do I Need an Attorney for an Uber Accident Case in Tampa?

It is highly recommended that you consult with an Uber accident attorney in Tampa before filing your injury claim. Uber accident cases can be complex and could involve multiple parties being at fault. Having an attorney represent your interests ensures you receive a fair settlement.

Request your free consultation now.


What Makes Uber Accident Cases Different From Regular Car Accident Cases?

Uber accident cases are different from regular car accidents because you could potentially be dealing with a third party, Uber, in addition to the Uber driver if they are at fault. The legal process becomes more complex based on the specifics of your accident and injuries. 

How Much Does a Tampa Uber Accident Attorney Cost?

It costs nothing upfront to hire a Tampa Uber accident attorney from Jack Bernstein, Injury Attorneys. We work on a contingency basis, meaning we only collect our legal fees if we secure a settlement or win your case at trial. Our fees are a percentage of your settlement, which you are made aware of during your free initial consultation. 

Can I Still File a Claim if the Uber Driver Was Off-Duty During the Accident?

You can still file an injury claim if an off-duty Uber driver causes you personal injuries. However, you may be limited to only suing the driver and their insurance company. 

How Long Does It Take to Settle an Uber Accident Case in Tampa?

The amount of time needed to settle an Uber accident case can vary based on the specific circumstances of your injuries and the parties involved. Generally, it can take a few months, but potentially longer if the insurance company uses delay tactics. However, our Tampa personal injury lawyers work aggressively to attempt to secure a favorable settlement within the shortest time possible. 

What Are Your Legal Rights as a Passenger in an Uber Accident?

As a passenger in an Uber accident, you have the legal right to obtain monetary compensation for personal property damages and injuries from the at-fault party after exhausting your own auto insurance benefits. 

Why Work With Jack Bernstein, Injury Attorneys, After Your Uber Accident? 

Our experienced Tampa car accident attorneys can help conduct a full investigation of the crash to determine fault and what you can claim in damages. We also speak to the insurance company representatives on your behalf to ensure you are treated fairly and not intimated into accepting less than you deserve.

Our law firm handles all aspects of your injury claim, including:

  • Filing all claims and legal paperwork
  • Negotiating with the insurance companies
  • Securing a settlement offer
  • Taking the case to trial, if needed

Our Tampa personal injury attorneys know what to do if you’re involved in an accident with an Uber or Lyft rideshare driver. They will explain your rights as a victim and walk you through the process so you have a full understanding of what to expect and the timeline to recover your financial losses. With decades of experience and legal resources, we offer a dedicated legal team representing your interests. We can help you get maximum compensation for your losses.

Get Your Free Consultation With Our Tampa Uber Accident Lawyers Today

If you were hurt in a rideshare accident, our Tampa Uber accident lawyers are ready to help you fight for your rights. The insurance companies will try to minimize your claim, but you deserve the maximum compensation for your injuries and suffering. Contact us now to schedule a no-obligation consultation and learn how we can help you after an accident involving a rideshare vehicle.

Speak to our Tampa Uber accident attorneys now.


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    Sources:

    FLA. STAT. § 627.736. (2024).

    FLA. STAT. § 768.81. (2024).

    Insurance Coverage While Driving with Lyft.