Uber and Lyft Accident Claims in Florida

Uber/Lyft-type (transportation network company, TNC) drivers must carry primary auto insurance that recognizes TNC driving. While the driver is logged on to the app but not on a prearranged ride, the coverage must include liability of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus personal injury protection (PIP) and uninsured/underinsured vehicle coverage. From the start of a prearranged ride, liability coverage of at least $1 million for death, bodily injury and property damage is required, plus PIP at the limousine minimums and uninsured/underinsured coverage. The coverage can come from the driver, the TNC or both, and if the driver's insurance lapses or falls short, the TNC's insurance must cover the claim from the first dollar.

Florida is a no-fault state. Owners must carry personal injury protection (PIP) of $10,000 in medical and disability benefits (medical benefits pay 80% of reasonable expenses) and $5,000 in death benefits, plus $10,000 of property damage liability. Because of PIP, an injured person can sue an at-fault driver for pain, suffering and similar non-economic damages only if the injury involves significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

Modified comparative fault (51% bar). In negligence cases, an injured person's own fault reduces the damages proportionately, but a person found more than 50% at fault for his or her own harm recovers nothing. This bar does not apply to personal injury or wrongful death claims for medical negligence, where pure comparative fault applies. Each defendant generally pays only its own percentage of fault.

A lawsuit founded on negligence (such as most car-accident and slip-and-fall injury claims) must be filed within 2 years. Claims for assault, battery, false imprisonment and other intentional torts have 4 years, as do product-related injury claims.