Insurance and Damages for an Injured Rideshare Passenger

Attorney Answer

As a passenger you are the one person in that crash with no fault to defend, and because the driver was working when it happened, a large insurance policy is probably in play. Florida's no-fault rules still control what gets paid first.

Start with personal injury protection, because it pays regardless of who caused the crash and it has the deadline that catches people. Section 627.736(1) requires a Florida policy to provide PIP to a list of people that expressly includes passengers in the motor vehicle, up to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits. Medical benefits are "Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident." That 14-day requirement is not a guideline. Lost income is covered at 60 percent under § 627.736(1)(b). Which policy pays your PIP — your own household policy, if you have one, or another — follows priority rules worth confirming with an insurer or a lawyer rather than assuming.

Then the claim against the driver. Florida gates one category of damages and only one. Section 627.737(2) allows a plaintiff to "recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of: (a) Significant and permanent loss of an important bodily function. (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. (c) Significant and permanent scarring or disfigurement. (d) Death." Read that carefully: it gates pain and suffering. Your economic losses — medical bills beyond what PIP paid, and lost earnings beyond the 60 percent — are not gated by the threshold at all.

The rideshare piece is where the coverage gets larger. Florida's transportation network company statute, § 627.748, requires two tiers of insurance depending on what the driver was doing. When a driver is logged on but has not accepted a ride, the required primary liability coverage is at least $50,000 per person for death and bodily injury, $100,000 per incident, and $25,000 for property damage, plus PIP and uninsured motorist coverage as otherwise required. When the driver is engaged in a prearranged ride — a passenger in the car — the required primary coverage is at least $1 million for death, bodily injury and property damage, again with PIP and uninsured motorist coverage. The requirement can be met by the driver's policy, the company's policy, or a combination. A passenger's claim runs against that engaged-ride tier, which is why documenting that the trip was in progress matters so much.

What you can do

1. Open the rideshare app and save everything about the trip — the receipt, the trip map, the times, the driver and vehicle. Screenshot it rather than trusting it will stay there.

2. Report the crash through the app's safety or accident reporting flow, so the company has a record dated close to the event.

3. Get evaluated by a physician, hospital, or one of the other providers § 627.736(1)(a) lists within 14 days of the crash. Miss that window and PIP medical benefits can be lost entirely.

4. Keep every bill, referral, work note and pay record, and ask your employer for written confirmation of the time you missed.

5. Before giving a recorded statement to any insurer or signing anything, talk to a Florida attorney. Which policies apply, and in what order, is exactly the kind of question worth one phone call.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Two clocks matter. The PIP treatment window in § 627.736(1)(a) is 14 days from the crash and it is unforgiving. The deadline to sue keys to your accident date: for a negligence claim accruing before March 24, 2023, the former four-year period under § 95.11 applied; for one accruing on or after that date, § 95.11(5)(a) sets two years. Because your message does not give the date, have a Florida attorney confirm which applies rather than working from a calendar.