Skip to content
- Quick Answer & Overview
- Why Uber Cases Are Different
- How Uber's Insurance Works in Florida
- Uber's Liability — Beyond the Driver
- What Compensation Can You Recover?
- What to Expect When You Hire Us
- Florida Uber Lawyers — Statewide Service
- Why Choose Kaiser Romanello, P.A.?
- Meet Our Attorneys
- Florida Uber Accident FAQ
Quick Answer: Can You Sue Uber in Florida?
Yes — but it's complicated. In Florida, you generally cannot sue Uber for a driver's negligence under respondeat superior because Fla. Stat. §627.748 classifies Uber drivers as independent contractors. However, Uber can still be liable under four legal theories that survive the statute: joint venture, direct corporate negligence, negligent app design, and strict products liability. The insurance that applies — the driver's personal policy, Uber's $50k/$100k contingent policy, or Uber's $1 million commercial policy — depends entirely on which of three app phases the driver was in at the moment of the crash.
If you were hurt in an Uber accident anywhere in Florida, call Kaiser Romanello, P.A. at (844) 877-8679 for a free case review. No fee unless we win.
An Uber accident is not a regular car accident. From the moment a claim is opened, you are litigating against a publicly traded corporation with a team of defense counsel, a specialized third-party insurance administrator, and a statute the Florida legislature wrote largely to protect transportation network companies (TNCs). The coverage that applies to your injury can change within seconds — literally depending on whether a ride request had been accepted one block earlier — and the wrong strategy at the wrong moment can cost an injured Floridian six figures.
Kaiser Romanello, P.A. has represented injured passengers, drivers, pedestrians, and cyclists in rideshare cases since Uber first entered the Florida market. Our attorneys have handled TNC claims in every coverage phase and every major South Florida venue, including the Broward 17th, Palm Beach 15th, and Miami-Dade 11th Judicial Circuits. Below is the plain-English breakdown our clients wish they'd had before they called the first lawyer.
Why Uber Accident Cases Are Different From Regular Car Accidents
In a standard two-car crash in Florida, the path to recovery is relatively well-worn: your PIP pays first, you establish a serious-injury threshold under Fla. Stat. §627.737(2), and you pursue the at-fault driver's bodily injury liability policy. Uber cases layer three additional complications on top of that baseline.
First, there are three possible insurance policies in play — not one. Which one covers your medical bills depends on what the Uber driver was doing on the app the instant metal met metal. Get the phase wrong, and the claim is denied.
Second, Uber's corporate liability is governed by a statute specifically designed to limit it. Florida's TNC law (Fla. Stat. §627.748) forecloses the two easiest paths to holding a rideshare company accountable — vicarious liability (respondeat superior) and negligent hiring/retention/training claims. That means any competent Uber case has to plead around the statute, not into it. Most general-practice firms don't.
Third, the adjuster you're negotiating with isn't an Uber employee. Uber's coverage is administered by a third-party claims team trained to resolve passenger and pedestrian claims quickly, quietly, and well below policy limits. We've seen initial offers on serious-injury Phase 3 claims come in at less than 10 percent of eventual trial value.
If the other driver was a Lyft driver, the framework is nearly identical — see our Florida Lyft accident lawyer page for the parallel analysis.
How Uber's Insurance Coverage Works in Florida
Uber's insurance obligations in Florida are codified by statute and fixed in every trip. There are three phases, and the coverage escalates dramatically as the driver moves through them.
App Off — Driver Is Off Duty
When the Uber app is closed or the driver is logged out, Uber provides no coverage whatsoever. The driver's personal auto policy is the only source of recovery. This is the phase in which Uber most aggressively denies involvement — and where inexperienced lawyers sometimes stop investigating. A careful review of the driver's app-activity log (obtainable only through litigation discovery) is often the only way to prove whether Phase 1 actually applied.
App On, Waiting for a Ride Request — "Logged-On" Period
When the driver is logged into the Uber app and available for rides but has not yet accepted a trip, Uber provides contingent liability coverage on top of any personal coverage:
- $50,000 per person bodily injury
- $100,000 per accident bodily injury
- $25,000 property damage
This is the most contested phase. If the driver was actively trolling for a ride when they hit you, Uber owes meaningful money. If the app was closed, Uber owes nothing. The distinction can live in a single line of app telemetry — which is why the first preservation letter we send always demands it.
Ride Accepted Through Drop-Off — The $1 Million Window
From the instant the driver accepts a ride request until the passenger is dropped off at the destination, Uber's full $1,000,000 commercial liability policy is active, together with uninsured/underinsured motorist coverage for passengers. This is also the phase where Uber's third-party claims administrators most commonly lowball — the policy limits are so high that even modest-sounding settlement offers often represent pennies on the dollar of actual case value.
Uber vs. Lyft Insurance Coverage in Florida — Side-by-Side
The two major TNCs operate under the same Florida statute, so the framework is identical. Small language differences in their respective policies occasionally matter at the margins.
| Coverage Phase | Uber | Lyft |
|---|---|---|
| Phase 1 — App Off | Driver's personal policy only | Driver's personal policy only |
| Phase 2 — Waiting for Ride | $50k / $100k / $25k contingent | $50k / $100k / $25k contingent |
| Phase 3 — Ride Accepted Through Drop-Off | $1,000,000 liability + UM/UIM | $1,000,000 liability + UM/UIM |
| Governing Florida Statute | Fla. Stat. §627.748 | Fla. Stat. §627.748 |
Hurt in an Uber or Lyft crash in Florida?
Every day without an investigator and preservation letter is a day Uber's app data can disappear.
Call (844) 877-8679 Start Free Case ReviewUber's Liability in Florida — Beyond the Driver
Fla. Stat. §627.748 was drafted to insulate TNCs from corporate liability for driver negligence. It forecloses two claims most lawyers reach for first — vicarious liability (respondeat superior) and negligent hiring, retention, training, and supervision. Any Florida lawyer who tells you they plan to sue Uber on those theories has not read the statute.
But the statute is not a blanket immunity. Four distinct theories remain available against Uber itself, and in the right facts, each of them can put seven-figure corporate policies within reach.
1. Joint Venture
Under Florida common law, a joint venture exists where parties share a common purpose, combine resources, have a joint financial interest in the outcome, and retain a mutual right of control. Uber and its drivers plausibly satisfy each element: the shared purpose of completing paid rides, the combined resources (driver's vehicle and labor, Uber's platform and riders), the joint financial interest in every fare, and Uber's continuous right of control through deactivation, rating thresholds, and algorithmic dispatch. When joint venture is established, each venturer is liable for the negligence of the other within the scope of the venture.
2. Direct Corporate Negligence
This claim is about Uber's own conduct — not the driver's. The design of Uber's operational model creates unreasonable risk: short acceptance-window timers that pressure drivers to take their eyes off the road, a continuous location feed that demands constant app attention, and no meaningful in-drive app lockout despite decades of evidence that distracted driving kills. These are Uber's business decisions, and they survive §627.748 because they don't depend on holding Uber responsible for what the driver did — they target what Uber itself did.
3. Negligent App Design
The Uber driver app is a product placed into the stream of commerce. Its interface elements — the pop-up ride request, the acceptance countdown, the real-time navigation overlay — are foreseeably used while a driver is operating a moving vehicle. A claim for negligent design focuses on whether reasonably safer alternative designs existed (hands-free acceptance, voice-only prompts, speed-locked interfaces) and whether Uber's failure to adopt them was a substantial cause of the crash.
4. Strict Products Liability
Florida recognizes strict liability for products that are unreasonably dangerous as designed. The Uber app, treated as a product, arguably meets that standard when its design predictably induces driver distraction at highway speeds. The doctrine extends not just to users but to foreseeable bystanders — including the passenger in the back seat, the pedestrian in the crosswalk, and the cyclist in the bike lane.
Which of these theories fits your case depends on the facts of the crash, the driver's app data, and Uber's internal documents produced in discovery. We evaluate each angle in every serious Uber case we take.
What Compensation Can You Recover?
Florida allows recovery of both economic and non-economic damages in Uber accident cases that meet the serious-injury threshold under Fla. Stat. §627.737(2). In catastrophic cases — such as traumatic brain injury, spinal cord injury, or wrongful death — recoverable damages frequently exceed Uber's $1 million Phase 3 limits, which is why early investigation of every potentially liable party is essential.
Economic Damages
- Past and future medical expenses (ER, surgery, imaging, rehab, in-home care)
- Lost wages and lost earning capacity
- Vocational retraining for injuries that end a career
- Property damage (vehicle, personal belongings, mobility equipment)
- Out-of-pocket costs — co-pays, transportation to appointments, home modifications
Non-Economic Damages
- Pain and suffering
- Emotional distress, anxiety, and PTSD
- Loss of enjoyment of life
- Permanent disability, scarring, and disfigurement
- Loss of consortium for spouses
Modified comparative negligence warning. Since HB 837 took effect in 2023, a plaintiff found 50% or more at fault for a crash recovers nothing in Florida. Uber's defense team will push comparative-fault allegations aggressively (passenger seatbelt use, pedestrian crosswalk compliance, cyclist lane position). Handling that attack is a core part of what we do.
What to Expect When You Hire Us
Every Uber case runs on a sequence. Miss a step and the claim suffers. Here's what the first 60 days typically look like when you retain our firm.
Free Case Review
We talk through the crash, the coverage phase, your medical picture, and your goals — no fee, no obligation. Call (844) 877-8679 or request a review online.
Evidence Preservation & App-Data Demand
We send preservation letters to Uber, the driver's insurer, and relevant roadway authorities within 48 hours, demanding app telemetry, trip logs, dashcam footage, and intersection video.
Medical Coordination
We help ensure you're treating with qualified providers, protect your PIP benefits, and document injuries in a way that meets Florida's serious-injury threshold.
Coverage-Phase Investigation
We confirm which Uber phase was active, identify every potentially liable party (driver, Uber, other motorists, municipalities), and map all available insurance.
Demand & Negotiation
Once your treatment is stable, we send a formal demand package supported by medical records, wage loss, and expert evaluations. The vast majority of cases resolve here — on terms driven by the strength of the file.
Litigation & Trial, When Necessary
If Uber's administrator won't pay fair value, we file suit in the proper Florida circuit court, litigate discovery — including compelling production of app-design documents — and take the case to trial.
What NOT to Do After an Uber Accident in Florida
Don't give a recorded statement to Uber's adjuster before speaking to a lawyer. The questions are designed to lock in facts that hurt your claim later.
Don't accept a fast settlement. First offers are almost always made before your injuries have fully declared themselves. Once you sign a release, the case is over.
Don't sign a medical authorization that gives Uber's insurer blanket access to your records. They will mine pre-existing conditions to blame your current pain on an old injury.
Don't post about the crash on social media. Defense counsel routinely screens Facebook, Instagram, and TikTok for photos, captions, or comments that can be weaponized against you.
Don't wait. Florida's 2-year statute of limitations for negligence (Fla. Stat. §95.11) runs from the date of the crash. App data also disappears on a schedule.
Our Florida Uber Accident Lawyers Serve Statewide
Our office is in Parkland, but Uber cases don't stay local — passengers move across county lines on every ride. We take Uber accident cases throughout Florida, with particular depth in South Florida venues and the dense rideshare corridors around airports, nightlife districts, and major event venues.
Boca Raton Uber Accidents
Palmetto Park Road nightlife, Mizner Park, and Town Center traffic generate a steady volume of Phase 3 rides — and the crashes that come with them. Boca cases often involve out-of-state passengers.
Fort Lauderdale Uber Accidents
Las Olas Boulevard, the Port Everglades cruise terminal, and FLL rideshare pickup zones drive a disproportionate share of Phase 2 and Phase 3 crashes. Broward 17th Circuit is our home court.
Hollywood Uber Accidents
The Hard Rock casino district and Hollywood Beach boardwalk generate heavy late-night rideshare volume. Multi-vehicle crashes on US-1 and I-95 are common.
West Palm Beach Uber Accidents
CityPlace, Clematis Street, and PBI airport runs produce steady Phase 3 claims. West Palm cases are litigated in the Palm Beach 15th Judicial Circuit.
We also handle personal injury cases in Coral Springs, Miramar, and Pembroke Pines, and across Broward, Palm Beach, and Miami-Dade counties. If your crash involved a hit-and-run driver (common with off-duty rideshare scenarios), see our hit-and-run accident page.
Why Choose Kaiser Romanello, P.A.?
TNC-Specific Experience
We've litigated against Uber, Lyft, and their third-party claims administrators in every coverage phase since rideshare first reached Florida.
We Plead Around §627.748
We don't waste your case on theories the statute forecloses. Our complaints are built on the four theories that survive.
Trial-Ready From Day One
Insurers offer more when they know your lawyer will file, depose, and try the case. We prepare every file that way.
No Fee Unless We Win
Our fee is contingent. You pay nothing up front, and nothing at all unless we recover for you.
Catastrophic Injury Focus
We handle catastrophic injuries including TBI, spinal cord trauma, amputations, and wrongful death — the cases Uber's adjusters try hardest to minimize.
Direct Attorney Access
You will speak with the attorneys handling your case — not an intake specialist — from the first call through resolution.
Meet Our Florida Uber Accident Attorneys
Lorne Adam Kaiser, Esq.
Lorne has represented injured Floridians in personal injury, catastrophic injury, and wrongful death matters for decades, including rideshare, commercial vehicle, and trucking cases across Florida's circuit courts. He has tried cases to verdict and negotiated recoveries against insurers ranging from personal auto carriers to Fortune 500 self-insured defendants.
- Admitted to the Florida Bar
- Member, Florida Justice Association
- Focus: catastrophic injury & rideshare liability
Steve Romanello, Esq.
Steve litigates serious injury claims with an emphasis on complex liability — cases where identifying every responsible corporate defendant is the difference between a policy-limits result and a life-changing recovery. His TNC work includes both passenger injury claims and third-party pedestrian/cyclist cases against rideshare operators.
- Admitted to the Florida Bar
- Member, Florida Justice Association
- Focus: complex liability & TNC litigation
See representative outcomes on our case results page. Past results are not a guarantee of future outcomes; every case is different and is evaluated on its specific facts.
Florida Uber Accident FAQ
What should I do immediately after an Uber accident in Florida?
Call 911 and get medical attention — even if you feel "fine," adrenaline masks injuries and Florida's PIP coverage requires you to seek treatment within 14 days. Take photos of all vehicles, license plates, the Uber app screen if you're the passenger, and any visible injuries. Get names and phone numbers of witnesses before they disperse. Request the crash report number from the responding officer. Do not give a recorded statement to any insurer before speaking with a lawyer. Call us at (844) 877-8679 — the first hours matter for preserving app telemetry.
Can I sue Uber directly — not just the driver?
Yes, in the right cases. Florida law (Fla. Stat. §627.748) blocks two common theories — vicarious liability and negligent hiring — but four other theories remain available: joint venture, direct corporate negligence, negligent app design, and strict products liability. Whether any of them fits your case depends on the facts of the crash and what Uber's internal documents reveal in discovery. We evaluate every serious Uber case on all four theories.
What insurance covers an Uber accident in Florida?
It depends on the app phase at the moment of the crash. Phase 1 (app off): the driver's personal auto policy only — Uber provides nothing. Phase 2 (app on, waiting for a ride): Uber provides $50,000 per person / $100,000 per accident / $25,000 property damage contingent coverage. Phase 3 (ride accepted through drop-off): Uber's full $1,000,000 commercial liability policy is active, plus uninsured/underinsured motorist coverage. Your own PIP coverage also applies to the first $10,000 of medical and lost wages regardless of fault.
What if the Uber driver was waiting for a ride request when they hit me?
That's Phase 2, and it's the most litigated phase because Uber's contingent coverage ($50k/$100k) is much lower than the Phase 3 $1 million policy. Uber will often try to argue the app was actually closed (Phase 1) so they owe nothing. The truth lives in the driver's app-activity telemetry, which Uber won't hand over voluntarily. Our firm sends preservation letters and subpoenas to compel that data — it frequently reveals that Phase 2 or Phase 3 was active even when Uber initially denied coverage.
How long do I have to file an Uber accident lawsuit in Florida?
Florida's statute of limitations for negligence claims is two years from the date of the crash under Fla. Stat. §95.11, as amended by HB 837 in 2023. Wrongful death claims also have a two-year window. Claims against governmental entities (if a city bus, police cruiser, or road defect contributed) require written notice within three years under Fla. Stat. §768.28. App telemetry is often deleted long before any of those deadlines, so the practical deadline for starting a case is much shorter than the statute suggests.
What is my Uber accident case worth?
No honest lawyer will quote a number without reviewing your medical records and the coverage map of your crash. The major drivers of value are: severity and permanence of injuries, whether surgery was required, impact on earning capacity, available insurance limits (Phase 3 crashes reach Uber's $1M policy; Phase 1 crashes are limited to the driver's personal policy), comparative fault, and the strength of the liability evidence. Phase 3 serious-injury cases regularly produce six- and seven-figure recoveries; Phase 1 soft-tissue cases are much smaller. We'll give you a realistic range at your free consultation.
What does it cost to hire an Uber accident lawyer?
Nothing up front. Our fee is contingent — we only get paid if we recover compensation for you, and our fee comes out of the recovery as a percentage. The initial case review is free. We also advance the costs of investigators, experts, depositions, and filing fees, and we are only reimbursed for those costs if you win. If there's no recovery, you owe nothing — for our work or the costs we fronted.
Talk to a Florida Uber Accident Lawyer Today
Free, confidential case review. No fee unless we win. Serving injured Floridians statewide from our Parkland office.
(844) 877-8679 Start Your Free Case ReviewThe hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Past results do not guarantee, warrant, or predict future outcomes. Every case is different and must be evaluated on its own facts. Information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Kaiser Romanello, P.A., 11555 Heron Bay Boulevard, Suite 200, Parkland, FL 33076.
Recent Victories for Clients
$5 Million
Negligent Security
$4 Million
Truck Accident
$1 Million
Ride Share
$1 Million
Car Accident
“Kaiser Romanello changed my life. They are The Dream Team! Could not recommend them anymore! If you want to get the most money for your personal injury claim call Kaiser Romanello today!”
-Lu R
Former client
“l just got off the phone with Mr. Loren Kaiser for a free consultation and he was absolutely amazing. He was extremely helpful, detail oriented and did not add any “rushed” feeling to the phone call. If I have anything substantial to move forward with, I will proudly utilize this law office. Thank you, Mr. Kaiser, for your help, input and advice! It is greatly appreciated.”
-Trina R
Former client
“Steve and his partner are just very knowledgeable, amazing client service, Steve it is the kind of persons who loves what he is doing, he went about and beyond his lawyer responsibilities in my case, they care about you, If you are looking for professionals at the highest levels, use their services. Not only you will be represented by top lawyers, but you feel like part of the family. Thanks for everything, God bless you.”
-Carlos V
Former client
Additional Locations
Lorne A. Kaiser Partner & Co-Founder | Kaiser Romanello Accident and Injury Attorneys
A veteran Florida trial lawyer and co-founder of Kaiser Romanello. With two decades of experience fighting insurance companies, Lorne is dedicated to securing maximum compensation for accident victims across the state.