Florida rideshare accidents: which insurance period applies?

Start with the driver’s exact app status.

Florida Statutes section 627.748 defines a prearranged ride as beginning when the driver accepts a ride request through the transportation network company’s digital network. It continues while the driver transports the rider and ends when the last rider exits. The driver’s status at the time of impact can therefore change which statutory insurance requirement applies.

The rideshare statute applies to transportation network companies and prearranged rides, not every paid transportation service. Identify the platform and confirm that the trip fits the statute before relying on these coverage levels.

Logged on and waiting: Florida sets lower minimum limits.

When a participating rideshare driver is logged on but has not accepted a prearranged ride, section 627.748 requires primary automobile liability coverage of at least $50,000 for death and bodily injury per person, $100,000 per incident, and $25,000 for property damage. The statute also requires personal injury protection and uninsured or underinsured motorist coverage as required by the referenced Florida laws.

The required coverage may be maintained by the driver, the vehicle owner, the rideshare company, or a combination. If the driver’s required insurance has lapsed or does not provide the required coverage, the statute says the company’s insurance must provide that coverage beginning with the first dollar of the claim.

Accepted ride through passenger exit: the liability limit increases.

While the driver is engaged in a prearranged ride, section 627.748 requires at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage. It also requires personal injury protection benefits at the level specified for a limousine and uninsured or underinsured motorist coverage as required by section 627.727.

A reference to uninsured or underinsured motorist coverage does not establish the available limit in a particular claim. Section 627.727 permits written rejection or selection of lower limits in specified circumstances, so the policy, endorsements, and any selection or rejection documents should be reviewed.

Preserve the app and insurance evidence.

Save the trip receipt, driver profile, license plate, pickup and destination, messages, and any screen showing when the ride was accepted or completed. Section 627.748 requires an electronic receipt listing the trip’s origin, destination, total time, distance, and fare. Keep the original email or in-app record rather than only a cropped screenshot.

After an accident, the driver must provide required coverage information and disclose whether the driver was logged on or engaged in a prearranged ride to directly involved parties, their designated representatives, insurers, and investigating officers. The statute also requires the rideshare company, upon a qualifying request, to provide precise log-on and log-off times for the 12 hours before and after the accident.

Do not assume the personal auto policy applies.

Section 627.748 permits a personal auto insurer to exclude coverage for a loss while the driver is logged on or providing a prearranged ride. Coverage can involve the rideshare policy, the driver’s policy, another vehicle’s liability policy, PIP, and uninsured or underinsured motorist coverage. Promptly identify every potentially applicable policy and avoid signing a release before the coverage picture is understood.

Common questions