How to Handle a Rideshare Accident With an Uninsured Driver

How to Handle a Rideshare Accident With an Uninsured Driver

Florida roads have a surprising number of drivers without insurance. Some reports estimate nearly 16% or even over 20% of drivers in the Sunshine State are uninsured. So, what happens if one of them crashes into your Uber or Lyft? Or what if, somehow, your rideshare driver is the one without proper coverage? 

You might feel like you're up a creek without a paddle, but there are insurance layers designed for this mess. Even when the at-fault driver lacks insurance, you likely have avenues to recover compensation for your injuries and losses.

Dealing with the aftermath involves untangling whose insurance applies and making sure you get what you deserve. It isn't always straightforward. If a rideshare accident involving an uninsured driver injured you, give Lulich & Attorneys a call at (772) 589-5500 to discuss your situation.

What should I do if I’m in a rideshare accident with an uninsured driver?

Sebastian Rideshare Accident Lawyer

Getting hurt in an Uber or Lyft crash involving an uninsured driver can feel overwhelming. Here’s what you need to know:

  • You’re still likely covered: Uber and Lyft have insurance policies that often apply even if the at-fault driver has no insurance.
  • Florida law requires coverage: Rideshare companies must provide uninsured motorist coverage when you're riding or en route to pickup.
  • Your own insurance matters too: Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverage on your auto policy can help, especially if coverage from Uber or Lyft isn't enough.
  • Act fast: Report the crash in the app, get medical care within 14 days, and consult a rideshare accident lawyer to protect your rights.

Untangling the Rideshare Insurance Web in Florida

Insurance coverage changes depending on what the driver was doing at the time of the crash. Florida law, specifically Florida Statute § 627.748, lays out the insurance requirements for Transportation Network Companies (TNCs) like Uber and Lyft.

Here’s a simplified breakdown:

  1. App Off: The driver isn't logged into the rideshare app. In this phase, the driver is considered just a regular motorist. Their personal auto insurance policy is the primary coverage. If they cause an accident and are uninsured, it’s treated like any other crash with an uninsured driver – you'd look to your own Uninsured Motorist coverage first (more on that later).
  2. App On, Waiting for a Ride Request (Phase 1): The driver is logged in and available but hasn't accepted a ride request yet. During this period, Florida law requires minimum contingent liability coverage. This means the driver's personal insurance is still primary. If their personal policy denies the claim (often because personal policies exclude commercial driving) or if their limits are insufficient, the TNC's contingent policy might kick in. Florida Statute § 627.748 mandates this coverage to have limits of at least:
    • $50,000 for death and bodily injury per person
    • $100,000 for death and bodily injury per accident
    • $25,000 for property damage
  3. En Route to Pick Up Rider / Ride in Progress (Phases 2 & 3): Once the driver accepts a ride request and is on the way to the passenger, or while the passenger is actually in the vehicle, much higher insurance limits apply. Florida Statute § 627.748 mandates that the TNC (or the driver, though usually it's the TNC's policy) must provide primary coverage of at least:
    • $1 million for death, bodily injury, and property damage.

Important Note: A recent bill (SB 1206, effective July 1, 2025) amends § 627.748. It changes the coverage requirement for the period when the driver has accepted a ride but does not yet have the passenger in the vehicle (Phase 2 - en route). For accidents occurring after July 1, 2025, the minimum required coverage during this specific "en route" phase drops from $1 million back down to the Phase 1 limits. The $1 million limit will only apply once the rider is actually in the vehicle (Phase 3).

This framework is the backdrop against which we figure out who pays when an uninsured driver enters the picture.

Scenario 1: Your Rideshare Driver Was Uninsured (and At Fault)

This scenario is less common while they're actively working because TNCs like Uber and Lyft generally verify their drivers' personal insurance and provide their own substantial policies during rides. However, complications could arise if a driver let their personal insurance lapse and got into an accident while the app was off, or perhaps in the fuzzy period of Phase 1 where personal insurance is supposed to be primary.

If you, as a passenger, are injured because your rideshare driver was at fault and truly uninsured during Phase 2 or 3 (which again, is rare because the TNC's $1M policy should be primary), the TNC's insurance structure includes Uninsured/Underinsured Motorist (UM/UIM) coverage. Florida Statute § 627.748 mandates TNCs provide UM/UIM coverage during Phases 2 and 3, typically aligning with the $1 million liability limit. This UM coverage steps in to cover your damages (medical bills, lost wages, pain and suffering) if your own driver (acting as the "uninsured motorist" in this context, hypothetically) was at fault and lacked coverage.

If the accident happened in Phase 1 (app on, waiting for request) and the driver's personal insurance failed and they were at fault, you would primarily look to the TNC's contingent UM/UIM coverage, which Florida also requires TNCs to carry during this phase, likely at lower limits consistent with the 100k liability minimums.

Scenario 2: An Uninsured Driver Hit Your Rideshare Vehicle

This is the situation most people think of. You're riding in an Uber or Lyft (Phase 3), minding your own business, and BAM – some driver with no insurance plows into you. Your rideshare driver wasn't at fault.

Here’s the good news: Because you were actively on a trip (Phase 3), that mandatory $1 million TNC insurance policy we discussed comes into play. Specifically, the Uninsured/Underinsured Motorist (UM/UIM) portion of that policy is designed for exactly this situation.

  • What it Covers: The TNC's UM/UIM policy should cover the damages the at-fault, uninsured driver should have paid for. This includes:
  • Who it Covers: This coverage typically applies to the rideshare driver and any passengers in the vehicle at the time of the accident.
  • The Limits: As required by Florida Statute § 627.748 for Phase 3, this UM/UIM coverage limit is generally substantial, often matching the $1 million liability limit. This provides a significant safety net if you suffer serious injuries.

So, if an uninsured driver hits your rideshare, the primary source of recovery will likely be the rideshare company's UM/UIM policy.

Scenario 3: You Were Driving Your Car and Hit by an Uninsured Rideshare Driver

This flips the script. Now you're in your own vehicle, and a driver operating for Uber or Lyft causes an accident and doesn't have valid insurance. How this plays out depends heavily on the rideshare driver's status at the moment of the crash.

  • Driver's App Was Off: If the rideshare driver was not logged into their TNC app, they are just considered a regular driver. Their TNC's insurance doesn't apply at all. If they are uninsured, you must rely on your own Uninsured Motorist (UM/UIM) coverage on your personal auto policy.
  • Driver's App Was On, Waiting for Request (Phase 1): Here, the driver's personal insurance is primary. If they are uninsured personally, the TNC's contingent liability insurance might cover your damages. This TNC policy acts as a backup if the driver's personal policy is nonexistent or insufficient.
  • Driver Was En Route to Pick Up / Had Passenger (Phases 2 & 3): If the at-fault rideshare driver was actively working (en route or with a passenger), the TNC's $1 million primary liability policy should cover your damages (injuries and property damage), even if the driver's personal insurance was invalid. The TNC's commercial policy is primary during these periods. (Remember the note about Phase 2 limits changing after July 1, 2025).

Your Own Insurance: The Unsung Hero

Regardless of the scenario, your own auto insurance policy plays a role, sometimes a leading one. Two parts are particularly relevant in Florida:

  1. Personal Injury Protection (PIP): Florida is a "no-fault" state. Florida Statute § 627.736 requires every Florida vehicle owner to carry at least $10,000 in PIP coverage. This coverage pays for 80% of your initial medical bills and 60% of lost wages, up to the $10,000 limit, regardless of who caused the accident.
    • How it Applies: If you're injured in a rideshare accident (as a passenger, or if a rideshare vehicle hits you), your own PIP coverage is usually the first insurance to pay for your initial medical treatment. You must seek initial medical care within 14 days of the accident to be eligible for PIP benefits, per Florida Statute § 627.736(1)(a). Even if the rideshare company's insurance will eventually cover everything, your PIP provides immediate access to funds for treatment.
  2. Uninsured/Underinsured Motorist (UM/UIM) Coverage: This is the critical piece you buy to protect yourself from drivers without insurance. Florida Statute § 627.727 requires insurers to offer you UM coverage when you buy liability insurance, but you can reject it in writing. Rejecting UM coverage is often a mistake, especially in Florida with its high rate of uninsured drivers.
    • How it Applies:
      • If you're hit by an uninsured driver while in your own car (whether they were a rideshare driver operating off-duty or just any uninsured driver), your UM policy is your primary source of recovery beyond PIP.
      • If you are a passenger in a rideshare hit by an uninsured driver, the TNC's UM policy should apply first. However, if your damages exceed the TNC's UM limits, or if there's a coverage dispute, your own personal UM coverage might provide additional or alternative coverage (depending on your policy language and whether you have "stacked" coverage).
      • Florida law allows for "stacking" UM coverage if you pay for it. Stacked UM means you can combine the UM limits for multiple vehicles on your policy. Non-stacked UM only applies to the specific vehicle involved or listed.

Having adequate PIP and especially UM/UIM on your own policy provides a safety net that can prove invaluable when dealing with uninsured drivers, whether in a rideshare context or not.

Okay, the Accident Happened. What Now?

You've dealt with the immediate aftermath at the scene (police, safety, info exchange). You're home, shaken up, and wondering what to do next. Focus on these steps:

  • Document Everything: Start a file. Keep copies of the police report (or at least the report number), photos you took, medical bills, doctor's notes, receipts for prescriptions or medical devices, pay stubs showing lost wages, and notes on every conversation you have with insurance adjusters or the rideshare company. Organization now prevents headaches later.
  • Report to the Rideshare Company: Use the Uber or Lyft app or website to officially report the accident as soon as possible. This formally notifies them and starts their claim process. Provide the basic facts: date, time, location, and that you were injured.
  • Notify Your Own Insurer: Let your auto insurance company know about the accident. You need to access your PIP benefits for initial medical bills. Also, inform them you might need to make a UM/UIM claim, depending on how things unfold with the other driver and the TNC's insurance.
  • See a Doctor (Again, If Needed): Recall Florida's 14-day rule for PIP (Florida Statute § 627.736). Seek initial medical care within that window. Even if you felt okay at the scene or went to the ER, follow up with your primary care physician or a specialist if you have lingering pain or new symptoms emerge. Some serious injuries aren't immediately apparent. Follow all prescribed treatment plans. Consistent medical documentation is key for any injury claim.
  • Watch What You Say: Be cautious when talking to any insurance adjuster – the TNC's, the other driver's (if they had any insurance), or even your own initially. Stick to the facts. Avoid speculating about fault or downplaying your injuries ("I'm fine" can be used against you later). Politely decline to give a recorded statement until you've had a chance to consult with an attorney. Adjusters represent their company's interests, not yours. Avoid signing any documents or accepting a quick settlement offer without fully understanding your rights and the potential value of your claim.

Secure Your Recovery After a Rideshare Wreck

If you were injured in a rideshare accident involving an uninsured driver in Florida, take action to protect your rights. 

Call the team at Lulich & Attorneys today at (772) 589-5500 to discuss your case.