In Florida, rideshare companies and taxi drivers have to carry auto liability insurance that covers your damages if you suffer injuries in an accident they cause. While the state generally follows no-fault auto insurance laws, these laws do not apply to Uber, Lyft, or taxi services. This means you can file a claim for compensation against the motorist who hit your Uber or cab, even if you do not meet the state’s serious injury threshold. Your driver’s commercial insurance also provides you with coverage if another driver caused the accident but is uninsured or underinsured.
If you suffered injuries when your Uber, Lyft, or taxi driver was in a car accident, you need an attorney familiar with this type of claim on your side. Call the Law Firm of Anidjar & Levine today at 800-747-3733 to schedule a complimentary case evaluation with one of our lawyers.
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What Are the State Insurance Laws for Taxis?
Florida State Statute 627.733(1)(b) outlines insurance requirements for taxicabs, limos, and other similar for-hire vehicles. According to this law, they must carry a minimum liability policy that offers at least:
- $125,000 per person for bodily injuries;
- $250,000 per accident for bodily injuries; and
- $50,000 for property damage.
Personal injury protection (PIP) policies do not apply in cases where a taxi driver causes an accident, so a passenger who suffers injuries would pursue a claim based on this liability coverage. We can help you file this claim and recover compensation.
Do These Laws Apply to Rideshare Services?
Florida did not sign insurance requirements for Uber, Lyft, and other rideshare service companies into law until 2017. However, these companies typically provide liability coverage to drivers when they have a rider picked up through their mobile app. This coverage pays out to cover any injuries a passenger suffers if the rideshare driver causes the crash. Uber, for example, provides up to $1 million in liability coverage per crash.
What If Another Driver Caused the Accident?
If another driver caused your crash, the rideshare company or taxi driver’s liability policy will not pay out on your behalf. Instead, we would need to file a claim on your behalf based on the liability policy of the at-fault driver. Usually, we can prove your case and collect the compensation you deserve for your medical care, lost wages, pain and suffering, and more.
There is one situation where you may be able to fall back on the transportation company’s coverage, even if another driver is responsible for your wreck. If the at-fault driver does not have insurance or does not have adequate coverage to pay for your damages, you may need to call on your driver’s uninsured motorist and underinsured motorist policy. This should cover your medical treatment, lost wages, and other damages up to the limits of the policy. If this is not available, we can help you look for other options for compensation.
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What About the Rideshare Driver’s Personal Insurance Coverage?
Like all other drivers of personal vehicles, your rideshare driver must carry at least $10,000 in PIP coverage and $10,000 in property damage liability (PDL) coverage. However, any time they are working “on app” with their rideshare company and have a rider in the vehicle, the company’s liability insurance policy takes over. There is generally no reason a driver’s PIP policy would be in effect when there is a rideshare passenger onboard.
Can I File a Suit Against the Rideshare Company?
Taxi companies may sometimes be responsible for the negligence of their drivers, if they classify their drivers as employees and not independent contractors. All rideshare drivers are independent contractors, making it very difficult to hold their employers liable for the careless or reckless actions of their drivers.
Since their inception, people have raised questions about whether rideshare companies should classify their drivers as employees. Accident victims have filed lawsuits attempting to hold rideshare companies vicariously liable for their injuries. However, in general, courts have ruled these companies are not responsible for the negligence of their drivers beyond the insurance policies they provide.
There may be some situations where we can pursue action against a rideshare or taxi company on your behalf, even if they classify their drivers as independent contractors. They still have responsibilities they must uphold. We may be able to hold them liable if they failed to respond to reports of negligent driving or they failed to properly evaluate a driver before hiring them.
How Can I Talk to a Lawyer in South Florida?
At the Law Firm of Anidjar & Levine, our South Florida car accident lawyers can help you understand your legal options and pursue the compensation you deserve after a taxicab or rideshare accident. Call us today at 800-747-3733 to schedule a free case evaluation.