Florida has one of the highest rates of uninsured drivers in the nation—an estimated 20% of motorists lack proper coverage. If an uninsured driver crashes into your Uber or Lyft, you face a complic...
Florida has one of the highest rates of uninsured drivers in the nation—an estimated 20% of motorists lack proper coverage. If an uninsured driver crashes into your Uber or Lyft, you face a complicated situation: the person who caused your injuries has no insurance to pay your claim, but you weren't driving your own car, so your personal policy may not apply the way you'd expect. Understanding how rideshare insurance addresses uninsured and underinsured motorist situations—and how to fill any coverage gaps—is essential to recovering fair compensation for your injuries.
Florida's Uninsured Driver Problem
Despite laws requiring minimum insurance coverage, a significant percentage of Florida drivers have no insurance at all. Others carry only the state minimums—$10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability—which are woefully inadequate to cover serious injuries.
Why does this matter for rideshare passengers? If an uninsured or underinsured driver causes an accident while you're riding in an Uber or Lyft, the at-fault driver has no (or insufficient) insurance to compensate you. Without other coverage sources, you could be left with enormous medical bills and no way to recover.
Fortunately, rideshare companies provide uninsured/underinsured motorist (UM/UIM) coverage to protect passengers in exactly this situation. But understanding how this coverage works—and its limitations—is crucial.
How Rideshare UM/UIM Coverage Works
Both Uber and Lyft provide UM/UIM coverage during Period 3 (when a passenger is in the vehicle). This coverage protects passengers when an at-fault driver lacks adequate insurance.
Uber and Lyft both provide $1 million in UM/UIM coverage during Period 3. This coverage kicks in when the at-fault driver is uninsured or underinsured and pays for your injuries up to the policy limit after the at-fault driver's coverage (if any) is exhausted.
How UM/UIM claims work: First, you identify the at-fault driver and determine their insurance status. If they're uninsured or their coverage is insufficient, you make a UM/UIM claim against the rideshare company's policy. The rideshare insurer then pays your damages up to the $1 million limit.
Important limitation: UM/UIM coverage only applies when another driver was at fault. If your rideshare driver caused the accident, you'd claim against the liability portion of the policy instead—which also provides $1 million coverage during Period 3.
Coverage Gaps You Should Know About
Despite the substantial UM/UIM coverage rideshare companies provide during active rides, several coverage gaps can leave victims undercompensated:
Period 1 gap: When drivers are logged into the app but haven't accepted a ride, UM/UIM coverage is limited or nonexistent. If an uninsured driver hits your rideshare vehicle during this period, you may have minimal rideshare coverage to fall back on.
Hit-and-run accidents present challenges because you may not be able to identify the at-fault driver. UM coverage typically requires proving the other driver was uninsured—difficult when you don't know who they are. Some policies cover hit-and-runs; others have restrictions.
Medical payment gaps: Rideshare liability and UM coverage pay after fault is established, but medical bills arrive immediately. Medical payments coverage (which pays regardless of fault) may be limited in rideshare policies.
Property damage gaps: If the uninsured driver damages your personal property (phone, laptop, luggage), UM coverage focuses on bodily injury. Property damage recovery from an uninsured driver is often limited.
Deductibles and delays: While rideshare insurance exists, actually recovering from it can involve delays and bureaucratic obstacles. Medical bills don't wait while insurance companies process claims.
Filling Gaps with Your Own Insurance
Your personal auto insurance may provide important supplemental coverage in rideshare accidents, even when you weren't driving:
Uninsured/underinsured motorist coverage on your personal policy may apply when you're injured as a passenger in any vehicle, including a rideshare. Check your policy's provisions for 'occupying' another vehicle or for coverage as a pedestrian/passenger.
Medical payments (MedPay) coverage on your personal policy typically follows you regardless of what vehicle you're in. This can help pay immediate medical bills while liability is sorted out.
Health insurance remains crucial for covering medical expenses. Your health insurer may have subrogation rights (recovering what they paid from any settlement), but they'll cover treatment while your claim progresses.
PIP benefits: Florida's Personal Injury Protection covers medical expenses and lost wages regardless of fault. If you have PIP coverage, it may apply even to rideshare accidents—providing immediate benefits while you pursue your full claim.
Review your own insurance policies to understand what coverage you have. Many people are underinsured without realizing it, leaving gaps that become apparent only after an accident.
What to Do When an Uninsured Driver Hits Your Rideshare
If you're in a rideshare when an uninsured driver causes an accident:
Get all information possible from the at-fault driver. Even if they have no insurance, you need their identity to pursue claims. Get their name, address, phone number, license plate, and license number.
Call police and ensure a report is filed. The police report will document the accident and the other driver's insurance status (or lack thereof).
Document the accident thoroughly. Photos, witness information, and your own written account all support your claim.
Preserve your rideshare trip information. Screenshot your trip details—this proves you were a passenger during Period 3 and entitled to full UM/UIM coverage.
Seek medical attention promptly. Your health comes first, and medical records document your injuries.
Report to the rideshare company. Use the app to report the accident. This triggers their claims process.
Notify your own insurance company. Even if you weren't driving, your personal coverage may apply. Report the accident to preserve your rights.
Consult a personal injury attorney. Uninsured motorist claims involve complex coverage questions. An attorney can identify all available coverage and maximize your recovery.
What If the At-Fault Driver Had Minimal Insurance?
Underinsured motorist situations—where the at-fault driver has some insurance, but not enough—are actually more common than completely uninsured situations. Here's how these claims work:
First, you exhaust the at-fault driver's policy limits. If they have $25,000 in liability coverage and your damages are $200,000, you collect their $25,000.
Then, you make an underinsured motorist claim for the difference. The rideshare UM/UIM coverage pays the gap between what you received from the at-fault driver and your total damages (up to the $1 million policy limit).
Important: Don't settle with the underinsured driver without preserving your UIM rights. Settling with the at-fault driver can sometimes waive your right to make a UIM claim. An attorney can structure the settlement to protect all your claims.
Coordination of benefits: Multiple UIM policies (rideshare, your personal auto, family members' policies) may provide overlapping coverage. Understanding how these policies coordinate determines your total recovery.
Suing the Uninsured Driver Personally
In addition to insurance claims, you can sue the uninsured driver personally for your damages. However, this presents practical challenges:
Collection difficulties: Uninsured drivers often lack significant assets. Even if you win a judgment, collecting it may be difficult or impossible.
Wage garnishment: Florida law allows wage garnishment for judgments, but limits exist, and garnishment is a slow process.
Future assets: Judgments in Florida are valid for 20 years and can be renewed. If the driver acquires assets in the future, you may be able to collect then.
Bankruptcy risk: Defendants can sometimes discharge personal injury judgments in bankruptcy (though judgments for willful misconduct may not be dischargeable).
Despite these challenges, suing the uninsured driver may be worthwhile if they have some assets, if insurance coverage is insufficient, or if you want to hold them accountable regardless of collection prospects.
Contact Emas Law Group Today
Being hit by an uninsured driver while in a rideshare creates a complicated insurance puzzle, but substantial coverage is usually available. Rideshare companies provide $1 million in UM/UIM coverage during active rides, and your personal insurance may provide additional protection. The key is understanding all available coverage sources and pursuing them strategically. At Emas Law Group, we've helped many rideshare accident victims navigate uninsured motorist claims. We know how to identify every available coverage source and maximize your recovery. If you've been injured in a rideshare accident involving an uninsured or underinsured driver, contact us today for a free consultation.
Frequently Asked Questions
Does Uber have uninsured motorist coverage?
Yes. During Period 3 (passenger in vehicle), Uber provides $1 million in UM/UIM coverage. This protects passengers when another driver causes an accident but has no insurance or insufficient coverage. Period 1 UM coverage is more limited.
What if the driver who hit us fled the scene?
Hit-and-run accidents present challenges because identifying the at-fault driver proves their uninsured status. Some UM policies cover hit-and-runs; others have restrictions. Contact police immediately, document everything, and consult an attorney about your options.
Can I use my own car insurance if I was in a rideshare?
Possibly. Your personal UM/UIM coverage may extend to accidents where you're a passenger in other vehicles. MedPay and PIP coverage typically follow you regardless of what vehicle you're in. Review your policy or ask your agent.
What if the uninsured driver has no money to pay a judgment?
Collection from uninsured drivers is often difficult. However, insurance claims provide the primary recovery in most cases. Judgments remain valid for 20 years and can attach to future assets. An attorney can advise whether pursuing a judgment makes sense for your situation.