Tampa Rideshare Accidents

At Suli & Martinez, we understand the challenges with rideshare accidents and can share with you your legal options for preparing to pursue a case. Our attorneys are here to guide you throughout the legal process, with no upfront costs. If you decide to move forward with your case, we do not charge any fees unless you obtain a settlement.

Call to schedule a free consultation: (813) 592-0000

How Do I Know if I Have a Valid Rideshare Accident Claim in Florida?

You have a valid rideshare accident claim in Florida if you can establish a connection between your injuries and the collision. Valid rideshare claims also need the following:

• The rideshare driver or another party owed you a duty of care
• The duty was breached through negligent driving or other actions
• You suffered actual damage from those injuries

If you cannot establish these elements, your claim may not be valid even if you were injured.

How Much Could My Tampa Rideshare Car Accident Claim Be Worth?

The value of your Tampa rideshare accident claim depends on several specific factors, such as the severity of your injuries, damages, and your recovery progress. While no attorney can guarantee an exact amount of your compensation, understanding the elements that influence a settlement can help set realistic expectations throughout the claim process.

The worth of your rideshare accident claim can also be based on:

• Your total medical expenses (current and future)
• Lost income and earning capacity impact
• Pain and suffering experienced
• The specific insurance coverage available
• How fault is distributed among parties

How Long Do I Have To File a Rideshare Accident Lawsuit in Florida?

If you want to file a personal injury lawsuit, such as for a rideshare accident, you must abide by certain filing requirements and deadlines. Filing deadlines in Florida include these critical timeframes:

• 14 days to seek initial medical treatment to qualify for PIP benefits
• 2 years from the accident date to file a personal injury lawsuit

Missing these deadlines will invalidate an otherwise legitimate claim, even if the other party is clearly liable, and even if you sustained severe injuries. In addition to these deadlines, you should make sure you know how long the insurance company gives you to file a claim as well.

When you work with our knowledgeable legal team at Suli & Martinez, we make sure you do not miss any critical filing deadlines. However, you don’t want to delay seeking legal help after a rideshare accident as building a compelling and strong case takes time. Your attorney needs to gather evidence, speak to witnesses and take many other steps to ensure your claim’s success.

Who May Be Liable for a Rideshare Car Accident?

Rideshare accidents can involve multiple liable parties that are not typically present in traditional car crashes. When an Uber, Lyft, or other rideshare vehicle is involved in a collision, several parties may share fault, making the case more complex.

Below are some individuals who may be liable for a rideshare accident.

The Rideshare Driver

The rideshare driver is often primarily responsible when their actions cause an accident. Unlike regular drivers, rideshare drivers’ liability is determined based on their app status and activity level during the time of the accident.

When they are actively transporting passengers, rideshare drivers must exercise cautious and defensive driving tactics to stay safe on the road. This behavior prevents potential liability for driving errors that could lead to accidents.  

Common driver liability scenarios include:

• Distracted driving while managing the app
• Rushing to complete rides to maximize earnings
• Unfamiliarity with pickup/dropoff locations
• Violating traffic laws to meet time expectations
• Driving while fatigued after long shifts

A driver’s personal insurance typically excludes coverage during commercial activity, which is why rideshare companies provide supplemental coverage during active periods.

The Rideshare Company

Rideshare companies like Uber and Lyft may share liability under their unique circumstances. Rideshare companies often classify their drivers as independent contractors. This is to avoid liability, but some courts have questioned this classification, which could make the companies liable for driver mistakes.

Companies may be directly liable for:

• Inadequate driver screening processes
• Failure to enforce vehicle inspection requirements
• App design that encourages distracted driving
• Insufficient driver training or safety protocols
• Algorithmic pressures that promote unsafe driving practices

Other Drivers

Third-party drivers frequently cause or contribute to rideshare accidents. These drivers may be fully or partially liable when they:

• Run red lights or stop signs
• Make improper turns in front of rideshare vehicles
• Drive while intoxicated or distracted
• Follow too closely behind rideshare vehicles that make frequent stops
• React aggressively to rideshare drivers’ maneuvers

In multi-vehicle accidents, determining each party’s percentage of fault becomes crucial under comparative negligence rules.

Vehicle Manufacturers and Maintenance Providers

When mechanical failures contribute to accidents, additional parties may share liability:

Vehicle manufacturers may become responsible for:

• Defective vehicle components
• Faulty safety systems
• Known design flaws that increase accident risk
• Inadequate crash protection features

Maintenance providers could be liable when:

• Improper repairs create dangerous conditions
• Maintenance shops miss critical safety issues
• Required rideshare inspections are performed negligently

These claims typically require specialized expertise to identify defects or maintenance issues that contributed to the accident.

Government Entities

Local governments and transportation agencies may share liability when road conditions contribute to rideshare accidents:

• Poorly designed intersections where rideshare vehicles frequently stop
• Inadequate signage in high-rideshare areas
• Defective traffic signals
• Unrepaired potholes or road damage
• Construction zones without proper warnings

Claims against government entities involve special notice requirements and shorter filing deadlines than standard cases.

Rideshare Passengers

While this is rare, passengers can occasionally share liability when their actions directly contribute to accidents:

• Grabbing the steering wheel
• Assaulting the driver
• Creating dangerous distractions
• Open doors into traffic
• Requesting unsafe dropoff locations

Most passenger liability scenarios involve extreme behavior rather than ordinary passenger conduct.

What if Multiple Parties Were at Fault for My Tampa Rideshare Accident?

If multiple parties were at fault in your Tampa rideshare accident, Florida law allows for shared liability, and your compensation may be affected by each party’s degree of fault.

Florida uses modified comparative negligence with a 51 percent threshold. You can recover damages only if you are less than 51 percent responsible for the accident. When multiple parties share fault, their liability is divided proportionally to their respective percentages of responsibility.

This system makes identifying all liable parties vital to maximizing your recovery.

What Coverage May Be Available if the Rideshare Driver Is At Fault for My Car Crash?

When a rideshare driver causes an accident, the available insurance coverage depends heavily on the driver’s status at the time of the crash. These coverage phases are essential to understand to access the full compensation you deserve.

Rideshare phases that determine coverage:

Coverage When You Are a Passenger

As a passenger, you have access to the rideshare company’s $1 million commercial policy when the driver causes your accident. This coverage applies throughout your entire trip and covers medical expenses, lost wages, and pain and suffering, without requiring you to use your insurance first.

If your injuries exceed policy limits in catastrophic cases, you may also access the driver’s insurance or your underinsured motorist coverage as secondary sources.

Coverage When Hit by a Rideshare Driver

Available coverage depends on the driver’s app status when they hit your vehicle:

• With Passenger or En Route to Pick up: The full policy is in effect immediately.
• App on, Waiting for Request: Limited coverage applies, typically $50,000 per person/$100,000 per accident for injuries and $25,000 for property damage. This coverage is based on the driver’s insurance denying the claim.
• App Off: Only the driver’s auto insurance applies, just as in any regular accident with no special rideshare coverage available.

Unlike passenger claims, you will need to prove the rideshare driver’s fault to access these coverages.

What if the At-Fault Driver Is Uninsured?

If the at-fault rideshare driver lacks proper insurance:

• During Active Ride: The rideshare company’s uninsured motorist coverage protects you regardless of the driver’s personal insurance status.
• Waiting for Ride: Most rideshare companies provide uninsured motorist coverage at lower limits during this phase.
• App Off: If the driver lacked insurance or their insurer denied coverage due to undisclosed rideshare activities, you can turn to your uninsured motorist coverage.

If insurance is denied because the driver misrepresented their rideshare activities to their insurer, you may have a direct claim against the driver personally. However, collecting from individual assets is typically more challenging than an insurance claim.

How the Rideshare Driver’s Status Affects Your Case

The rideshare driver’s precise app status when your accident occurs fundamentally shapes every aspect of your case, from available insurance coverage to liability standards.

App Off (Personal Driving)

When a driver’s app is completely off, they’re considered a private individual using their vehicle. Only their auto insurance applies, and the rideshare company is not responsible for the driver’s actions.

App On, Waiting for Request

This “waiting period” creates a coverage gray area. Limited contingent coverage applies, but only after the driver’s insurance denies the claim. The company maintains distance by emphasizing an independent contractor relationship.

Ride Accepted, En Route to Pickup

Once a driver accepts a ride, primary commercial liability coverage of $1 million activates. The driver must follow specific company protocols, and the company exercises greater control over the driver’s behavior, thereby strengthening liability arguments against both parties.

Passenger in Vehicle

When a passenger is in the vehicle, the maximum protection applies. Full liability coverage is available, along with uninsured/underinsured motorist protection. The driver has a heightened duty of care, and vicarious liability arguments against the company become stronger.

Call Suli & Martinez for Legal Help After a Tampa Rideshare Accident

Rideshare accidents have various aspects that can make it challenging for victims to navigate. An attorney can help you secure the compensation you need for severe or minor injuries and damages.

At Suli & Martinez, we have successfully represented countless clients, protecting their legal rights. Our attorneys understand the critical evidence needed to establish driver status, identify all available coverage sources, and counter the defense strategies commonly employed by rideshare companies.

Take the first step toward protecting your rights: (813) 592-0000