Rideshare services such as Uber and Lyft have become widespread throughout the state, which means rideshare accidents have steadily increased. If you are trying to understand Uber accidents and transportation network company (TNC) laws in Aventura, you will quickly realize that determining who is responsible and how to obtain compensation is rarely straightforward.
Contact our attorneys at Kaire & Heffernan for help with your claim today.
Florida Statutes § 627.748 governs TNCs operating in the state, including Uber and Lyft. This law establishes minimum insurance requirements and outlines the responsibilities of TNC drivers and companies. Under this statute, insurance coverage depends on whether the rideshare driver was logged into the app and whether they were actively transporting a passenger.
If the app was off, only the driver’s personal insurance applies. If the app was on but no ride had been accepted, the law requires a minimum of $50,000 in bodily injury liability per person, $100,000 per accident, and $25,000 for property damage. Once a ride is accepted or a passenger is on board, Uber and Lyft must provide at least $1 million in third-party liability coverage.
The state’s preemption law also bars local governments such as Aventura from enacting their own TNC ordinances regarding Uber crashes. However, enforcement still occurs locally through agencies like the Miami-Dade Department of Transportation and Public Works. TNCs must also comply with background check laws, vehicle inspections, and driver conduct standards.
Florida is a no-fault state, meaning people injured in a car accident must first seek compensation for payment of their medical bills from their own Personal Injury Protection (PIP) insurance. This applies regardless of who caused the accident. However, if your injuries are deemed serious under Florida Statutes § 627.737, such as permanent disfigurement, significant loss of function, or death, you can file a claim or lawsuit against the at-fault party. For passengers in Uber or Lyft vehicles, the available $1 million TNC liability policy often becomes relevant, particularly when PIP coverage does not cover all medical costs or lost wages. An Aventura attorney who has experience with TNC laws and Uber car wrecks will help you understand your options.
Although state law governs insurance coverage and liability for TNCs, local traffic ordinances can influence the interpretation of an accident involving an Uber driver in Aventura. Violations of specific ordinances regarding pedestrian zones, speed limits in residential areas, and designated rideshare pickup and drop-off areas can help show liability on the part of Uber or Lyft.
Under Florida Statutes § 95.11(4)(a), people injured in a motor vehicle accident, including Uber or Lyft collisions, typically have two years from the date of the accident to file a personal injury lawsuit. This timeline can vary in certain situations. For example, for minors, the statute of limitations is paused until the child reaches the age of majority. If the defendant leaves the state, the timeline can be paused until they return. Additionally, people serving on active military duty can receive deadline extensions under the Servicemembers Civil Relief Act. It is vital to have immediate help from an Aventura lawyer who is knowledgeable about TNC laws and Uber car accidents, because failing to meet the statute of limitations will result in the court dismissing your lawsuit.
The team at Kaire & Heffernan has represented people injured in transportation-related accidents since 1997. Founding attorney Mark Kaire, recognized by Best Lawyers in America, and his partner David Heffernan, a Super Lawyers designee for ten consecutive years, handle each case personally rather than passing them off to junior staff. Our firm offers 24/7 availability and has a policy of responding to questions the same day.
Our personal injury team understands the complexities of Uber accidents and transportation network company (TNC) laws in Aventura and has recovered more than $255 million in verdicts and settlements. Contact us to speak to an experienced attorney today.
(305) 876-6001