Ride-sharing changed transportation in Florida. Ordering a ride is fast and simple. However, a rideshare accident in a gated community in Florida complicates things. Crashes in private neighborhoods are not. Medical bills raise urgent questions. Who pays, and when?
At Dennis Hernandez Injury Attorneys, we handle these cases. We have recovered millions and millions for clients. We fight to get you paid!
How Does Florida Classify Ride-Share Drivers?
Florida usually treats ride-share drivers as independent contractors. That limits company liability. You must understand how coverage shifts by app status.
There are three coverage periods:
- App off. Only the driver’s personal auto policy applies. Many policies exclude commercial use.
- App on, no passenger. A limited company policy may apply. Typical limits include $50,000 per person, $100,000 per accident, and $25,000 property damage.
- App on, passenger accepted or present. A commercial policy up to $1,000,000 usually applies.
If the driver is on duty, company insurance may cover you. That depends on specific conditions.
What If the Crash Happens in a Private Community?
Gated communities add complexity. They have private traffic rules and security gates. Maintenance practices also vary.
A crash here may involve:
- Conflicting traffic rules
- Delays for first responders at gates
- Confusion over public versus private areas
Victims can face overlapping insurers and policies. An uber crash private property liability dispute is common. Many clients search “rideshare accident gated community florida” for this reason.
Who Is Liable for Your Medical Bills?
Liability depends on negligence. Florida follows modified comparative negligence under § 768.81. You can recover if you are 50% or less at fault.
Potentially liable parties include:
- The ride-share driver. Negligence triggers personal or company coverage.
- The ride-share company. If the driver was online with a passenger or en route, the $1,000,000 policy may apply.
- A third-party driver or property owner. They may share fault.
- The gated community or HOA. Poor maintenance or missing signs can create liability.
What Are Your Rights as an Injured Victim?
Florida’s PIP law, § 627.736, pays up to $10,000 for medical care. PIP is no-fault coverage. Serious cases often exceed PIP.
You may also pursue a not at fault car crash claim. If you meet § 627.737’s serious injury threshold, you can file a liability claim or lawsuit.
What Evidence Will Help Your Case?
Build your claim with clear, organized proof:
- Call 911 and request a police report.
- Seek immediate medical care.
- Photograph vehicles, signs, and injuries.
- Gather witness names and numbers.
- Save app screenshots and trip details.
A personal injury lawyer will help you secure and preserve critical evidence.
Can a Personal Injury Lawyer Help With a Ride-Share Case?
Yes. These claims involve many parties and evolving rules. An experienced lawyer keeps you from getting overwhelmed.
Our team knows how to:
- Identify every liable party
- Challenge low offers
- Work with expert witnesses
- Present your case in court
We have handled uber crash private property liability disputes and won compensation.
What Compensation Can You Pursue?
A successful claim may include:
- Medical expenses, past and future
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Permanent disability or disfigurement
Punitive damages may apply for gross negligence under § 768.72.
What Defenses Might Ride-Share Companies Use?
Expect arguments like these:
- The driver was off-duty
- The platform only connects riders and drivers
- Insurance does not apply due to app status
- The crash occurred on private property, so others must pay
A lawyer can rebut these defenses with facts and law.
What Is the Time Limit to File a Lawsuit?
Florida’s personal injury deadline is two years. See § 95.11(4), revised in 2023. Miss it, and your claim may be barred.
Act quickly to preserve evidence. Surveillance videos and memories fade fast.
Are There Real Cases on Private Property?
Yes. Florida courts have allowed claims under company policies. Courts examine app status, property limits, and trip details. Results can favor victims when the driver was online or en route.
Why Choose Dennis Hernandez Injury Attorneys?
We know Florida personal injury law and ride-share claims. Our team builds strong cases from day one. Millions and millions have been recovered for injured clients. You can count on us — we fight to get you paid!
Recommended reading
- Florida Office of Insurance Regulation – Understanding Ride-Share Coverage
- Car Crash Lawyer’s Essential Guide: How to Avoid Accidents During Holiday Travel in Florida
- Costly Mistakes to Avoid After an Accident
- Distractions to Drivers of Rideshare Apps
- Florida Ban on Texting While Driving Law
- Florida’s Motorcycle and Bicycle Safety Awareness Month