Few transportation options are as common on South Florida roads as Uber and Lyft. When one of those trips ends in a crash, the hardest question is often not who was at fault — it is which insurance company is on the hook. Florida § 627.748 governs transportation network companies and establishes coverage rules based on three distinct phases of driver app activity at the moment of impact. Understanding those phases determines the entire shape of the claim.
At every stage, TNC insurers have a direct financial incentive to argue that the lower coverage tier applies — or that their policy does not apply at all. Getting the right answer requires knowing exactly where the driver stood in the coverage framework when the crash happened. That determination is not always obvious, and TNC carriers do not volunteer information that works against their own interests.
Why Rideshare Crashes Are Different from Other Car Accidents
In an ordinary car crash, the coverage analysis is relatively straightforward: one driver’s personal auto insurance policy is responsible. Rideshare crashes are far more complicated. There are multiple potential coverage sources — the driver’s personal policy, the TNC’s contingent coverage, and the TNC’s full commercial policy — and the insurers on the other side have strong financial incentives to push each claim toward the lowest applicable tier.
Brian Elstein spent years representing insurance companies and defendants in personal injury cases before founding Elstein Legal. He knows how TNC coverage arguments are constructed and where they are most vulnerable. That background is directly relevant when a TNC insurer disputes which period applies to your crash. Learn more about Brian Elstein’s background and approach.
The Three Coverage Periods Under Florida Law
Florida § 627.748 divides rideshare coverage into three distinct periods. Which period was active at the moment of the crash is the central question in almost every rideshare insurance dispute.
Period 1 — App Off
When the driver’s app is completely off, neither Uber nor Lyft has any coverage obligation. Only the driver’s personal auto insurance policy applies. Many personal auto policies contain rideshare exclusions that can significantly limit or eliminate coverage, making early investigation into the policy language essential.
Period 2 — App On, No Trip Accepted
Once the driver activates the app and is waiting for a ride request, TNC contingent liability coverage begins. Florida law requires at least $50,000 per person and $100,000 per accident in liability coverage during this period, plus contingent comprehensive and collision coverage. This TNC coverage is contingent — it applies only if the driver’s personal insurer denies the claim or the personal policy limits are exhausted first.
Period 3 — En Route or On a Trip
Once the driver has accepted a trip request and is on the way to pick up a passenger — or is actively transporting one — the full TNC commercial policy applies. Coverage limits at this stage are substantially higher than in Period 2 (commonly in the range of $1,000,000, though you should confirm current figures with an attorney before relying on any specific number). App data, GPS records, and trip logs are the critical evidence establishing that a crash occurred during Period 3. Preserving that data immediately after the crash is essential.
If You Were a Passenger in the Rideshare Vehicle
As a passenger in an Uber or Lyft, you are almost always in a Period 3 scenario — the trip is active, and the TNC’s full commercial policy is the primary source of liability coverage. If you carry a Florida auto policy with Personal Injury Protection (PIP), your own PIP applies first for medical expenses regardless of fault. Once your PIP benefits are exhausted, you may pursue the at-fault party’s applicable liability coverage for remaining damages, including medical expenses beyond PIP limits, lost income, and pain and suffering.
If You Were the Rideshare Driver
The coverage available to an injured rideshare driver depends entirely on which period the crash occurred in:
- Period 1 (app off): Your personal auto policy controls. Review it carefully for rideshare exclusions — some carriers exclude coverage entirely for incidents that occur while the vehicle is logged into or available through a TNC platform.
- Periods 2 and 3 (app on): TNC coverage applies, including uninsured/underinsured motorist (UM/UIM) protection if the at-fault driver lacked adequate insurance. Florida law requires TNC insurers to provide UM/UIM coverage during these periods.
If a Rideshare Vehicle Hit You
When a rideshare vehicle strikes another car or a pedestrian, the coverage analysis follows the same three-period framework. If the driver’s app was off, only the driver’s personal policy is available. If the app was active, TNC coverage applies depending on which period the driver was in at the time of impact. If you were in another vehicle, your own PIP coverage applies first for medical bills. After PIP is exhausted — or if you were a pedestrian without a Florida auto policy — you pursue the applicable liability coverage from the relevant policy.
PIP and the 14-Day Rule
Florida’s Personal Injury Protection (PIP) applies to rideshare crashes exactly as it applies to any other motor vehicle accident in the state. PIP covers 80 percent of reasonable medical expenses and 60 percent of lost wages, up to a combined limit of $10,000, regardless of fault.
The rule that catches many injured people off guard: you must seek initial medical treatment within 14 days of the crash. Miss that window and you forfeit PIP coverage entirely — even if your injuries are real and serious. Within the 14-day window, Florida law distinguishes between two categories:
- Emergency medical condition: 80 percent of reasonable expenses up to $10,000.
- Non-emergency condition: 80 percent of reasonable expenses up to $2,500.
Do not wait to see whether your symptoms improve on their own. Seeking an evaluation promptly protects both your health and your legal rights.
The Two-Year Deadline to File Suit
Florida § 95.11, as amended by HB 837 in March 2023, imposes a two-year statute of limitations on personal injury claims. The clock begins running on the date of the crash — not when you discover the full extent of your injuries, and not when you begin negotiating with an insurer.
Filing an insurance claim does not stop the clock. Only filing a lawsuit in court does. Experienced TNC insurers are skilled at extending settlement negotiations past the two-year mark, leaving an unrepresented claimant without a legal remedy. Consulting an attorney well before the deadline is the most effective protection against losing your right to recover.
Steps to Take After a Rideshare Crash
- Get the driver’s full name, license plate, and vehicle information — and note or photograph the app status displayed on the screen at the time of the crash.
- Screenshot the ride details in the Uber or Lyft app immediately. Capture the trip ID, timestamp, driver information, and route. These records form the foundation of the coverage period analysis.
- Seek medical treatment within 14 days to preserve your PIP coverage. Even if you feel relatively well, an evaluation creates the contemporaneous record needed to establish injury.
- Do not give a recorded statement to the TNC insurer or its adjuster before consulting an attorney. Recorded statements are routinely used to minimize or deny claims.
- Contact an attorney as early as possible. App data, GPS records, and trip logs can be overwritten or deleted over time. The earlier you act, the better your chances of preserving the evidence that establishes which coverage period applies to your crash.
Elstein Legal represents rideshare accident victims throughout South Florida. Whether you were a passenger, a driver, or a third party injured by a rideshare vehicle, the insurance coverage questions are complex and the financial stakes are significant. We handle Uber accident cases and Lyft accident cases across the Miami area. Contact us for a free consultation.
Meet Brian L. Elstein, Florida Personal Injury Lawyer
Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.
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