Rideshare crashes involve the same physics as any other car crash, but the insurance works differently. You might be a passenger in the back seat, a driver hit by a rideshare vehicle, a pedestrian, or a cyclist. In each case, the amount of coverage available can change dramatically depending on whether the rideshare driver was offline, logged on and waiting for a request, or carrying a passenger. Florida law ties the insurance to those periods, and the evidence of which period applies sits in the company's data.
1. Capture the app information before it changes
If you were a passenger, take screenshots right away of the trip in your app: the driver's name and photo, the vehicle and plate, the route map, the pickup and drop-off times, and the receipt. Trip details can be harder to reach after a ride is closed, adjusted, or refunded.
If you were in another vehicle or on foot, ask the rideshare driver directly whether he or she was logged on to the app or on a trip. Florida requires a rideshare driver, on request after an accident, to disclose to the people involved, the insurers, and the investigating officer "whether he or she was logged on to a digital network or was engaged in a prearranged ride at the time of the accident" (§ 627.748(7)(h)). Write down the answer and the time you asked. Photograph any rideshare sticker on the windshield.
“whether he or she was logged on to a digital network or was engaged in a prearranged ride at the time of the accident”
§ 627.748(7)(h)
2. Treat it as a car crash at the scene
Everyone involved in the crash must exchange names, addresses, and registration information and render reasonable assistance to anyone injured (§ 316.062(1)). Call police. A crash involving injury or any complaint of pain requires a long-form crash report (§ 316.066(1)), and that report will list each driver's insurer. Photograph the vehicles, the scene, the traffic signals, and the injuries. List any cameras that faced the crash.
3. Get medical care within 14 days
Rideshare crashes are still governed by Florida's no-fault system. PIP medical benefits require initial services and care "within 14 days" after the accident (§ 627.736(1)(a)). Which PIP policy pays depends on your own situation. If you own a car with PIP, your own insurer generally pays your PIP benefits even when you were riding in someone else's vehicle (§ 627.736(4)(e)1.). If you do not own a car and no household relative's policy applies, the PIP coverage on the vehicle you were occupying may respond (§ 627.736(4)(e)4.). The 14-day rule applies either way, so do not wait for the insurance companies to sort it out.
“within 14 days”
§ 627.736(1)(a)
4. Understand the three insurance periods
Florida's transportation network company statute sets minimum coverage for each phase of a rideshare driver's work. A "prearranged ride" begins "when a TNC driver accepts a ride requested by a rider" and continues until the last rider leaves the vehicle (§ 627.748(1)(b)).
- App off. The driver is just a private motorist, and the driver's personal auto policy applies. Personal auto insurers are allowed to exclude coverage while the driver is logged on or providing a ride (§ 627.748(8)(b)), which is one reason the app status matters so much.
- Logged on, waiting for a request. The driver or company must maintain primary liability coverage of at least "$50,000 for death and bodily injury per person," "$100,000 for death and bodily injury per incident," and "$25,000 for property damage," plus PIP and uninsured motorist coverage (§ 627.748(7)(b)).
- Engaged in a prearranged ride. Primary liability coverage must be "at least $1 million for death, bodily injury, and property damage," plus PIP and uninsured motorist coverage (§ 627.748(7)(c)).
If the driver's own insurance has lapsed or does not provide the required coverage, the company's insurance must provide it "beginning with the first dollar of a claim, and have the duty to defend such claim" (§ 627.748(7)(d)).
“prearranged ride”
§ 627.748(1)(b)
“$50,000 for death and bodily injury per person,”
§ 627.748(8)(b)
“beginning with the first dollar of a claim, and have the duty to defend such claim”
§ 627.748(7)(d)
5. Get the log-on and log-off times in writing
The company holds the record that decides which period applies. In a claims coverage investigation, the company must promptly provide, on request from a directly involved party or the driver's insurer, "the precise times that the TNC driver logged on and off the digital network," covering the 12 hours before and after the accident (§ 627.748(8)(d)). We send that request at the start of the case, together with a demand to preserve trip data, GPS records, in-app messages, and any telematics.
“the precise times that the TNC driver logged on and off the digital network,”
§ 627.748(8)(d)
6. Be careful what you report in the app
The app will invite you to report the incident and may offer a quick credit or refund. Reporting is fine; keep it short and factual. Do not describe your injuries as minor, do not guess at fault, and do not accept anything presented as a settlement. Rideshare insurers, like any other insurer, are evaluating how little to pay. Refer adjusters to your lawyer.
The Florida rules that matter
- Coverage by period. Section 627.748(7) sets the minimum coverage for the logged-on period and the prearranged ride period, and § 627.748(8)(b) allows personal auto policies to exclude those periods.
- Disclosure duties. The driver must disclose app status after a crash (§ 627.748(7)(h)), and the company must provide log-on and log-off times in a coverage investigation (§ 627.748(8)(d)).
- PIP and the tort threshold. The 14-day treatment rule applies (§ 627.736(1)(a)), and pain and suffering damages against an insured driver require an injury within one of the categories in § 627.737(2), such as a permanent injury within a reasonable degree of medical probability.
- Deadline to sue. An action founded on negligence generally must be filed within two years (§ 95.11(5)(a)).
- Comparative fault. Damages are reduced by your share of fault (§ 768.81(2)), and a party more than 50 percent at fault for his or her own harm "may not recover any damages" (§ 768.81(6)). Passengers are rarely at fault, but drivers and pedestrians in other vehicles should expect the issue.
“may not recover any damages”
§ 627.748(8)(b)
Your checklist
- Screenshot the trip, the driver profile, the route, and the receipt.
- Ask the driver whether the app was on or a ride was in progress, and note the answer and time.
- Call police and get the crash report number.
- See a doctor within 14 days.
- Gather your own auto policy and any household auto policies.
- Keep in-app reports short and factual, and accept nothing offered as a settlement.
- Call a lawyer so the log-on records and trip data are requested and preserved.
How we handle these cases
We start by pinning down the app status, because it decides which policy applies and how much coverage is available. We send the statutory request for log-on and log-off times, preserve the trip and GPS data, and identify every PIP, liability, and uninsured motorist policy in play, including your own. Josef Timlichman Law, PLLC is a Florida trial firm handling cases throughout the state, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.