Who Pays After an Uber Hit and Run in Florida?

After an Uber hit-and-run in Florida, compensation may come from your personal injury protection (PIP) coverage, uninsured or underinsured motorist coverage, or Uber’s rideshare insurance, depending on the driver’s app status. If police identify the fleeing driver, that driver’s insurance may also pay for injuries, medical bills, and other losses.

However, insurers of transportation network companies like Uber may dispute hit-and-run claims because the at-fault driver is unknown. They may question fault, challenge your injuries, or limit the coverage available to you.

If you face these issues, our lawyers at Todd Miner Law can help. Our founder previously worked as an insurance defense attorney, giving our team firsthand insight into how insurers evaluate claims. We use that experience to identify potential disputes early, strengthen the evidence behind your claim, and pursue the financial compensation you deserve. Call 407-894-1480 for a free consultation.

Who Is Responsible After an Uber Hit and Run in Florida?

Uber, its driver, or another motorist may be responsible after an Uber hit-and-run in Florida. However, your own PIP coverage may pay first. This no-fault policy covers 80% of qualifying medical expenses and 60% of lost income, subject to Florida’s PIP limits.

You can then pursue other available coverage for remaining losses from the following parties:

1. Uber

Uber’s rideshare insurance may cover your losses when its driver caused the hit-and-run while using the app. The amount of the rideshare company’s coverage depends on the driver’s app status at the time of the crash.

If the driver involved in the crash had accepted a ride, Florida requires at least $1 million in primary liability coverage until the Uber passenger exits the vehicle. If the driver was only logged in and waiting for a request, lower $50,000/$100,000/$25,000 liability limits apply.

Importantly, the driver fleeing the scene does not automatically eliminate this coverage. Uber’s trip records, GPS data, and app timestamps can help establish whether the driver had accepted a ride and which policy applied.

2. The Uber Driver

If the rideshare driver was offline at the time of the crash, their personal insurance may cover your losses. However, you first need to identify the driver and locate their insurer. If police cannot find them, you may need to pursue compensation through other available coverage.

Moreover, even if the driver is located, some personal policies exclude rideshare-related activity, which can create a coverage dispute. In such cases, you can consult our Uber accident attorneys at Todd Miner Law. We can review the driver’s policy, compare it with the app status, and challenge improper coverage denials.

3. Another Motorist

Another motorist may also share responsibility even if the Uber driver fled the scene. For example, another driver may have changed lanes improperly, failed to yield, or otherwise contributed to the collision.

In such cases, fault can be divided between the Uber driver and the third-party driver. You may then pursue the other driver for the percentage of your damages connected to their negligence. This can provide another source of compensation while police continue trying to locate the fleeing Uber driver.

When Can You Sue Uber Directly After a Hit-and-Run?

You may sue Uber directly after a hit-and-run despite its independent contractor status, but only in limited situations. Florida Statute § 627.748(18) generally protects rideshare companies from liability for a driver’s negligence. However, that protection may not apply if Uber itself violated Florida’s rideshare requirements or committed criminal wrongdoing.

For example, a direct claim against Uber may become possible if evidence shows that Uber:

• Failed to conduct the required criminal background check or review the driver’s driving history.
• Allowed a driver to remain on the platform despite a disqualifying driving or criminal record.
• Failed to suspend and investigate a driver after receiving a qualifying drug or alcohol complaint.

Which Evidence Can Help Identify the Fleeing Driver?

To identify the fleeing driver, gather surveillance footage from nearby businesses, gas stations, homes, or intersections, along with dashcam recordings from other vehicles in the area. This digital evidence may capture the vehicle’s make, model, color, direction of travel, or license plate number.

In addition, the following evidence can help investigators locate the fleeing driver:

• Vehicle debris: Broken headlights, mirror fragments, bumper pieces, or other vehicle parts may help investigators narrow down the make, model, or year of the fleeing vehicle.
• Paint transfer: Paint left on your vehicle can help investigators compare the color and finish with a suspected vehicle once they locate it.
• Witness accounts: Bystanders may remember the driver’s appearance, a partial license plate, distinctive vehicle features, or the direction the driver traveled after leaving the scene.
• License plate reader records: Police may review available license plate reader data near the accident scene to identify vehicles that passed through the area around the time of the crash.
• Digital data: If police identify a possible suspect, cell phone location records, vehicle GPS data, or telematics data can help show whether the driver or the car was near the crash scene.

Can the Driver Be Traced Through the Uber Account?

Yes, a hit-and-run driver can be traced through an Uber account. For example, if an Uber driver injures a rideshare passenger and flees, investigators can use the passenger’s trip details. These records may show the driver’s name, license plate number, vehicle details, pickup and drop-off locations, and trip route.

Uber may also hold additional account, trip, vehicle, and GPS information connected to the driver. Law enforcement can request these records through the appropriate legal process, such as:

• Subpoena: Investigators can use a subpoena to obtain basic account information, including the driver’s phone number, email address, and device information.
• Court order: A court order can provide broader non-content records, including trip information, vehicle details, and billing transaction history.
• Preservation request: Police can ask Uber to preserve account or trip records while they obtain the required legal process. Uber generally preserves those records for 90 days.

Does Leaving the Scene Automatically Prove Fault?

No, leaving the scene does not automatically prove that the fleeing driver caused the car accident. Fault for the collision depends on physical evidence, traffic laws, witness accounts, and the actual cause of the crash. However, leaving the accident scene can weaken the driver’s credibility and may strengthen your civil case when combined with other evidence.

In addition, the hit-and-run driver can also face separate criminal and traffic violations under Florida law:

1. Property Damage Only

Under Florida Statute § 316.061, a driver must stop after a crash involving an attended vehicle or other property. In such cases, fleeing is considered a second-degree misdemeanor. It can lead to a penalty of up to 60 days in jail and a $500 fine.

2. Crash Involving Injury

Florida imposes more serious penalties when the collision causes injury. According to Florida Statute § 316.027(2)(a), willfully leaving the scene is a third-degree felony. In such cases, a conviction can carry up to five years in prison and a $5,000 fine.

3. Crash Involving Serious Bodily Injury

Serious bodily injury raises the offense to a second-degree felony under Florida Statute § 316.027(2)(b). In this situation, the driver can face up to 15 years in prison and a $10,000 fine.

4. Fatal Crash

If the crash causes death,Florida Statute § 316.027(2)(c) treats leaving the scene as a first-degree felony. The offense can carry up to 30 years in prison and a $10,000 fine. In addition, Florida law generally requires a four-year mandatory minimum prison sentence.

What If the Hit-and-Run Driver Is Never Found?

If police never find the hit-and-run driver, you may still recover compensation through uninsured motorist coverage. It can pay for losses that PIP does not fully cover when an unidentified driver caused the crash. However, the amount available depends on the UM limits of the applicable insurance policy.

Florida Statute § 627.727 requires insurers providing bodily injury liability coverage to also offer uninsured motorist coverage. Generally, the UM limits match the bodily injury liability limits unless the policyholder selects lower limits or rejects the coverage in writing.

For rideshare accidents, Florida Statute § 627.748 also requires rideshare companies and their drivers to maintain UM/UIM coverage as required by § 627.727. This protection applies while the driver waits for a ride request and during an accepted ride. However, Florida does not impose one fixed UM/UIM limit for every Uber accident. The available coverage depends on the policy in effect at the time of the crash.

What Happens If Police Find the Uber Driver After Settlement?

If police find the Uber driver after you settle, the settlement does not automatically reopen. Your ability to pursue the driver depends largely on the release you signed. For example, if the settlement released only Uber or one insurer, you may still have a claim against the newly identified driver.

However, a broader release that includes Uber, its insurers, the driver, and other potentially liable parties may prevent additional recovery. Similarly, if your uninsured motorist coverage paid the settlement, your insurer may have subrogation rights against the driver. This means the insurer can seek reimbursement from the at-fault driver’s insurance for amounts it already paid to cover your losses.

How Does the Claim Change for a Passenger vs. Another Driver?

A passenger usually faces little dispute over causing the collision because they were not operating either vehicle. In contrast, another motorist may be blamed for contributing to the crash. For example, an insurer may claim that the driver changed lanes improperly, failed to yield, or could have avoided the collision.

In such cases, Florida Statute § 768.81 can reduce compensation according to the motorist’s percentage of fault. If they are found more than 50% responsible, they generally cannot recover damages in a negligence claim.

Additionally, a passenger also has a clearer connection to the rideshare trip. Since the passenger was inside the Uber during an accepted ride, the trip record can help establish that the driver was completing a prearranged ride. This can support access to the $1 million primary liability coverage required during that period.

How Can an Uber Accident Lawyer Help With a Hit-and-Run Claim?

Our Florida rideshare accident attorneys gather evidence to help locate the fleeing driver, confirm the driver’s app status, identify all available insurance coverage, and handle communications with insurers. We also preserve time-sensitive records, document your losses, challenge coverage denials, and file a lawsuit if insurers refuse fair compensation.

Here are some other steps we take to support your claim:

• Prepare you for recorded statements: We review expected insurer questions beforehand and help prevent unclear answers from being taken out of context.
• Review medical authorization requests: Our lawyers check releases before you sign them. We also challenge requests seeking unrelated or unnecessarily broad medical information.
• Bring in qualified experts: When needed, we consult medical, vocational, financial, or reconstruction experts to address disputed injuries.
• Prepare you for depositions: If the case enters litigation, we explain the process and prepare you to give clear testimony.
• Protect your case from insurer surveillance: We advise you on social media, public statements, and other activity insurers may review when challenging serious injury claims.

Why Are Uber Hit-and-Run Settlements Often Delayed?

Uber hit-and-run settlements may take longer because insurers must determine who caused the crash, identify the fleeing driver, and confirm which coverage applies. They may also review the Uber app status, police reports, medical records, and available uninsured motorist coverage before agreeing on liability and the value of your claim.

In addition, medical treatment can also affect settlement timing. If you are still receiving treatment, the full value of your medical expenses, lost wages, and future care may remain unclear. In such cases, settling too early may leave you without compensation for later treatment or other losses. Here are some additional factors that may delay your payout:

• Multiple insurers: Your PIP carrier, uninsured motorist insurer, Uber’s insurer, or another driver’s insurer may each investigate different parts of the claim.
• Disputed injury causation: An insurance company may argue that some injuries existed before the accident or did not result directly from the crash.
• Medical liens and reimbursement claims: Health insurers, medical providers, or other entities may claim repayment from the settlement. Resolving these amounts can delay final distribution.
• Settlement negotiations: Insurers may make a low initial offer or dispute certain damages. Additional negotiations may increase the claim timeline before both sides reach an agreement.

Unsure Who Is Responsible for Your Injuries After a Hit-and-Run? Schedule a Free Case Review With Our Lawyers!

If a rideshare driver hit you and fled, seeking compensation can be complicated. You may not know who the driver was, which insurance policies apply, or where to file the claim. This uncertainty can prolong the claim and make it difficult to identify the correct insurer and pursue full compensation.

At Todd Miner Law, our team has 30+ years of experience representing victims of hit-and-run Uber accidents in Florida, including Orlando. Our attorneys coordinate with law enforcement to locate the at-fault party, identify available insurance coverage, and gather evidence to establish the driver’s negligence.

We also prepare every case for litigation from the beginning, so we are ready to challenge disputed fault, denied coverage, and inadequate settlement offers. Call 407-894-1480 or visit our office at 915 Outer Rd, Orlando, FL 32814 for a free consultation.

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