Uber's $1 million insurance policy is the number most passengers remember. What they do not know is that the coverage available after a crash depends entirely on what the driver was doing with the Uber app at the exact moment of impact.
A driver waiting for a ride request carries far less coverage than a driver transporting a passenger. A driver with the app off carries no Uber coverage at all. And the company that processes your claim is not Uber.
Call (305) 670-7050 for a free consultation with our Homestead Uber accident lawyers. There are no fees unless we recover compensation for you.
Schedule Your ConsultationWhy Homestead Residents Trust Berger & Hicks, P.A. After an Uber Accident
Uber accident claims move through a different process than standard car accident claims. The insurance is layered. The claims administrator works for the insurer, not for you. The evidence that determines which policy applies is controlled by Uber.
Families in Homestead need an attorney who understands the ins and outs of this system.
Handling Every Uber Claim Directly
Martin Berger and Zachary Hicks handle every step of your Uber case personally. They bypass case managers and junior staff to focus on critical details: reviewing trip data, identifying the precise coverage phase, filing the claim against the correct policy, and negotiating directly with Uber's claims administrator.
When you call, the lawyer on the case is the one who answers.
Challenging Uber's Coverage Denials with Evidence
Uber’s insurer often claims the driver was between rides, that the app timed out, or that the trip had ended—all strategies to avoid the $1 million policy. Berger & Hicks, P.A. counters by demanding the hard evidence: trip data, GPS records, and app logs directly from Uber to prove the exact coverage phase that applies.
Trial Preparation Backed by 53 Combined Years
With 53 combined years of litigation experience, Martin Berger (AV Preeminent) and Zachary Hicks (Super Lawyers) prepare every Uber claim as if it will go to trial. This preparation changes the negotiation dynamic, as Uber's insurer evaluates claims differently when a firm has a demonstrated history of courtroom success.
We offer full bilingual legal representation in English and Spanish to better serve our community.
What Insurance Coverage Does Uber Provide After a Crash in Florida?
Uber's insurance coverage in Florida operates under Fla. Stat. § 627.748, which sets different coverage requirements based on the driver's app status. The amount of insurance available to you changes dramatically depending on which phase the driver was in at the time of the crash.
Phase 1: App On, No Ride Accepted
When an Uber driver is logged into the app and available but has not accepted a ride request, Uber provides limited liability coverage:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
- PIP benefits at standard minimums
- UM/UIM coverage as required by Florida law
This is the lowest tier of Uber coverage. A serious injury may exceed these limits quickly.
If the driver's personal auto policy excludes rideshare activity, which most do, this Phase 1 coverage may be the only insurance available.
Phase 2: Ride Accepted Through Passenger Exit
Once the Uber driver accepts a ride request, Uber's coverage increases to:
- $1,000,000 in primary liability for death, bodily injury, and property damage
- PIP benefits
- UM/UIM coverage as required by Florida law
- Contingent comprehensive and collision coverage (if the driver carries it on their personal policy) with a $2,500 deductible
This $1 million policy remains active from the moment the driver accepts the ride through the moment the last passenger exits the vehicle. It covers the en-route-to-pickup period, the active trip, and the dropoff.
This is the coverage tier that applies to most Uber passengers injured during a ride.
App Off: No Uber Coverage
If the Uber driver's app was not active at the time of the crash, Uber provides no coverage at all. The claim falls entirely under the driver's personal auto insurance, which may carry only Florida's minimum liability limits.
What Are the Most Common Uber Accident Scenarios in Homestead?
The most common Uber accident scenarios in Homestead are tied to driver behavior and local traffic patterns:
- Distracted Driving While Monitoring the App: Uber drivers frequently interact with the app (checking requests, navigation, pickups), which takes their eyes off the road. Proving this type of distracted driving often requires securing the driver's phone records and Uber's app activity data.
- Pickup and Dropoff Collisions: These often occur along busy corridors like U.S. 1 and near shopping centers. Drivers stopping abruptly, pulling into and out of lots, and making U-turns can cause rear-end, sideswipe, and intersection collisions affecting passengers, other drivers, and pedestrians.
- Unfamiliar Routes and Navigation Errors: Drivers unfamiliar with the Homestead area may rely heavily on GPS, resulting in sudden turns, missed exits on the Turnpike Extension, and errors at unfamiliar intersections, especially when routed through residential or agricultural areas.
- Late-Night and Weekend Crashes: Increased Uber usage during evening and weekend hours raises the risk of collisions involving fatigued Uber drivers, reduced visibility, and impaired third-party drivers.
An Uber accident lawyer familiar with these Homestead crash patterns knows how to secure the trip data, phone records, and other evidence necessary to establish fault and build your claim. Call (305) 670-7050 for a free consultation.
Ask Berger & Hicks, P.A.
Q: Uber's claims administrator offered me a settlement. Is it fair?
A: It depends. Uber's claims are handled by a third-party administrator whose goal is to resolve the claim for as little as possible. Early settlement offers frequently arrive before the full scope of your injuries and medical costs is clear. Accepting too soon may prevent you from recovering additional compensation if your condition worsens.
Q: Is there a deadline to file an Uber accident lawsuit in Florida?
A: Yes. Florida law generally gives you two years from the date of the accident to file a personal injury lawsuit under Fla. Stat. § 95.11(5)(a). Uber's trip data and app records may not be preserved for the full two years, so consulting an attorney early protects both the evidence and your filing rights.
Q: Does my own car insurance cover me if I was injured in an Uber?
Possibly. Your own PIP coverage may pay part of your initial medical expenses and lost wages regardless of who caused the crash, provided you seek treatment within 14 days. Your UM/UIM coverage may also apply if the at-fault driver is uninsured or underinsured. Reviewing your own auto policy with an attorney may reveal additional coverage beyond what Uber's insurer offers.
What Should You Do After an Uber Accident in Homestead?
Secure medical care immediately, then gather your trip data, police report, and consult with an attorney to protect your right to compensation.1
If you are recovering at home or in the hospital, your next steps involve securing key evidence and medical documentation. Follow this process to formalize your claim and protect your rights under Florida law:
1. Document the Trip Internally
If you are recovering at home or in the hospital, open your app to screenshot all available trip details. This captures the driver's name and vehicle information, which is critical for identifying whether the $1 million policy phase was active.
2. Obtain the Official Crash Record
Your Homestead Uber crash lawyer can contact the responding law enforcement agency to request a full copy of the police report. This document serves as the formal record of the crash and provides the necessary insurance information for the Uber driver and any other involved parties.
3. Prioritize Medical Documentation
Under Fla. Stat. § 627.736, you must seek medical treatment within 14 days of the accident to preserve your PIP benefits. Even if your injuries seem manageable, a professional medical evaluation creates the paper trail required by Florida insurance law.
4. Exercise Caution with Insurers
Avoid giving any recorded statements to Uber's claims administrator or the driver's personal insurance provider. Insurance adjusters often use these early recordings to find inconsistencies that can be used to minimize or deny your compensation later.
5. Secure Electronic Evidence
Contact a specialized attorney as soon as possible to formally demand Uber's internal data. Legal representation ensures that GPS logs, app activity, and trip records are preserved before they are deleted according to Uber's data retention policies.
Who Pays When Fault Is Split Between the Uber Driver and Another Driver?
Fault in an Uber accident determines not just how much you recover, but which insurance policy covers your claim. When only one driver is at fault, the coverage question is straightforward. When both drivers share responsibility, multiple policies may apply at the same time.
The Uber Driver Was Entirely at Fault
When the Uber driver caused the crash, Uber's commercial policy provides coverage based on the driver's app status. If the driver had accepted a ride or was transporting a passenger, the $1 million policy applies. If the driver was waiting for a match, the lower Phase 1 limits apply.
The third-party driver's insurer has no liability, and the claim is filed entirely against Uber's policy.
The Other Driver Was Entirely at Fault
When a third-party driver caused the collision, that driver's personal liability policy is the primary source of compensation. If the at-fault driver is uninsured or underinsured, available UM/UIM coverage through Uber’s policy or your own policy may help fill the gap, depending on the coverage and facts.
The claim is filed against the third-party driver's insurer first, with additional policies layered on top as needed.
Both Drivers Share Fault
This is the most complex scenario. A third-party driver may have run a red light while the Uber driver was speeding. A turning vehicle may have cut off an Uber driver who was following too closely. In these situations, each driver's share of fault triggers their respective insurance.
The Uber driver's percentage activates Uber's commercial policy at the applicable coverage tier. The third-party driver's percentage activates their personal liability policy. Your own PIP and UM/UIM coverage may provide additional recovery on top of both.
An attorney may pursue claims against each applicable policy based on each driver's proportional responsibility.
Schedule Your ConsultationHomestead Uber Crash Claim Questions Answered by Our Attorneys
What if Uber says the driver's app was off when the crash happened?
Uber may dispute the driver's app status to avoid triggering its commercial policy. Trip data, GPS records, and app activity logs maintained by Uber are the key evidence for resolving this dispute. An attorney may demand these records through legal channels and challenge Uber's characterization if the data does not support it.
What if the Uber driver was also working for Lyft at the same time?
If the Uber driver was also working for Lyft, the platform tied to the active trip at the time of the crash typically provides primary insurance coverage. Determining which policy applies may require reviewing trip data from both apps.
What if I was injured getting into or out of the Uber, not during a collision?
Injuries that occur while entering or exiting an Uber vehicle may still be covered under Uber's insurance if the trip was active at the time. The key question is whether the trip was still active in Uber's system when the injury occurred, which trip data may confirm.
What happens if the Uber driver leaves the scene after the crash?
A hit-and-run by an Uber driver creates a unique situation because the rideshare company has a digital record of who the driver was, what vehicle they were operating, and where they were at the time of the crash. Unlike a standard hit-and-run where the driver may never be identified, Uber's trip data typically makes identification possible.
Uber's Insurer Already Has a Strategy. You Need One Too.
The moment an Uber accident is reported, the insurer’s claims administrator begins working to minimize your payout, often by asking for a recorded statement or offering an early, low settlement before your full injuries are even diagnosed. This speed is a strategy to close your claim quickly, not an act of generosity.
Berger & Hicks, P.A. reverses that dynamic. Martin Berger and Zachary Hicks step in immediately to secure Uber’s trip data, establish the correct coverage phase, calculate the value of your injuries, and negotiate on your behalf.
Call (305) 670-7050 to discuss your Uber accident with an attorney who knows how to take on Uber's insurer. Your consultation is free, representation is available in English and Spanish, and you pay nothing unless we recover compensation for you.
Past results do not guarantee future outcomes.
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