Motorcyclists in Winter Haven and throughout Central Florida know all-too-well the dangers of sharing the road with motorists. But one risk you may not have considered as a motorcycle operator is what to do if you are hit by a vehicle that provides ridesharing services.
After all, more people than ever rely on companies like Uber or Lyft to get around. So what happens when a negligent rideshare driver hits your motorcycle? Can you sue Uber or Lyft directly? Our experienced Winter Haven motorcycle accident lawyers explain what steps you can take.
Understanding Florida’s Transportation Network Company Laws
Florida law classifies businesses like Uber and Lyft as “transportation network companies” (TNCs).
This is a company that uses a digital network to connect a rider to a driver who provides a prearranged ride. Unlike a traditional taxicab company, a TNC is generally just an intermediary. The driver is an independent contractor who uses their personal vehicle to actually provide the ride.
So what does this mean if an Uber driver runs a red light and hits an innocent motorcyclist? Keep in mind, Florida’s “no-fault” insurance rules do not apply to people who operate two-wheeled vehicles like motorcycles. A motorcyclist must carry at least $10,000 in medical benefits coverage, but that is often far too little to pay for care in the event of a serious motorcycle accident. Nor does that address other damages arising from a motorcycle accident, such as lost income or pain and suffering.
Normally, a motorcyclist could simply sue the negligent driver who hit them and make a claim against their insurance policy. But most personal auto insurance policies do not cover vehicles when they are used for business purposes like ridesharing. This is where the TNC itself may be required to step in and provide coverage.
Under Florida law, when a TNC driver is “engaged in a prearranged ride,” the TNC must provide primary liability coverage of at least $1 million for death, personal injury, and property damage. If the driver is logged into the TNC’s digital network but not currently engaged in a prearranged ride, the TNC only has to provide personal injury coverage of $50,000 per accident and $100,000 per accident.
Another thing to note here is that “engaged in a prearranged ride” includes the period of time when a driver has accepted a ride but before they actually pick up their passenger. So if an Uber or Lyft driver hits your motorcycle en route to their fare, the $1 million coverage rule applies. But if the driver is simply cruising around waiting to accept a ride, then the $50,000 limit applies.
Injured in a Motorcycle Accident? JustCallMoe Today
Dealing with complex state regulations and insurance companies is likely the last thing you want to think about following a serious motorcycle accident. That is where our experienced attorneys at JustCallMoe Injury and Accident Attorneys can help. Contact us today to schedule a free consultation.