Can You Sue an Uber Driver Personally After an Accident in Florida?

Rideshare services like Uber have changed the way we travel in Florida, offering convenience and affordability with just a few taps on a phone. But when accidents happen, especially serious ones, the legal situation can get complicated quickly. If you've been injured in a crash involving an Uber driver—whether as a passenger, another motorist, or a pedestrian—you might be wondering if you can sue the driver personally.

The short answer is yes, under certain circumstances, you can. However, several factors will determine whether the Uber driver, the rideshare company, or both can be held liable—and how compensation will be pursued. At Kemp Injury Law, we help injury victims in Winter Haven and throughout Florida understand who is responsible and how to take legal action.

When Can You Sue an Uber Driver Directly?

In Florida, Uber drivers are considered independent contractors, not employees. This distinction affects how liability is assigned after an accident. While Uber does provide commercial insurance coverage for its drivers under specific conditions, that coverage doesn't always protect the driver from personal liability.

You may be able to sue the Uber driver personally if:

• The driver was off-duty and not logged into the Uber app at the time of the crash
• The driver was driving recklessly or under the influence
• The driver caused harm through intentional or grossly negligent behavior
• Uber’s insurance coverage is insufficient to cover your damages

In these situations, the Uber driver’s personal auto insurance—or their personal assets—may be targeted in a legal claim. That means you’re not limited to dealing with Uber’s corporate structure; you can hold the driver accountable if their actions caused your injuries.

How Uber’s Insurance Coverage Works in Florida

Uber provides different levels of insurance coverage depending on what the driver was doing at the time of the accident:

• Driver is off the app: Uber provides no coverage. The driver’s personal insurance applies.
• Driver is logged into the app but hasn’t accepted a ride: Uber provides limited liability coverage (up to $50,000 per person for injuries, $100,000 total per accident, and $25,000 for property damage).
• Driver has accepted a ride or has a passenger: Uber’s $1 million liability policy is active and covers injuries and damages caused by the driver.

In theory, this should mean plenty of coverage is available to compensate victims. However, Uber’s insurance provider—like most insurers—may try to reduce payouts or shift blame. And if the coverage is not enough to cover extensive medical costs or lost wages, you may still pursue a personal claim against the Uber driver.

Situations Where Suing the Driver May Be Necessary

Consider the following example: You’re driving your own vehicle and are hit by an Uber driver who ran a red light. The driver was not transporting a passenger and had not accepted a ride—just logged into the app. In this scenario, the insurance coverage is limited, and if your damages exceed those limits, suing the driver may be your only way to recover the rest.

In another case, you might be a pedestrian hit by an off-duty Uber driver. Since the driver wasn’t working under Uber’s platform at the time, you would need to file a claim against the driver directly. If their personal insurance won’t fully cover your injuries—or if they were driving without valid insurance—filing a lawsuit could be your best path forward.

Also, in cases involving drunk driving, excessive speeding, or aggressive behavior, a personal lawsuit may allow you to pursue punitive damages, which are intended to punish the driver and deter similar misconduct.

Proving Fault and Protecting Your Rights

Regardless of who you're suing, Florida’s legal system requires that you prove liability. This typically means showing that the Uber driver acted negligently and that their negligence directly caused your injuries. Evidence might include:

• Police reports detailing the crash
• Witness statements
• Traffic camera or dashcam footage
• Cellphone and app usage records
• Medical records documenting your injuries

Building a strong case takes time, legal experience, and access to evidence that may not be easy to get on your own. Uber drivers, their insurance providers, and Uber’s legal teams will likely work to minimize your claim. You need someone who will fight to make sure your voice is heard and your injuries are not dismissed.

What Compensation Can You Recover?

If your claim is successful, you may be entitled to compensation for a variety of losses, including:

• Emergency and long-term medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Emotional distress or trauma
• In some cases, punitive damages

The amount of your compensation will depend on the severity of your injuries and how the crash has impacted your life. Our legal team works closely with medical professionals and financial experts to ensure your claim accurately reflects the full scope of your damages.

Contact Kemp Injury Law if You’ve Been Hurt in a Rideshare Accident

Suing an Uber driver personally after an accident in Florida is possible—but the process can be complex and filled with roadblocks. If you’ve been injured due to a rideshare driver’s negligence, don’t try to handle the legal system alone. At Kemp Injury Law, we have the experience, resources, and commitment to fight for the justice and compensation you deserve.

We’ll investigate every angle of your case, help you understand your options, and deal directly with the insurance companies so you can focus on healing. If the Uber driver is personally liable, we’ll pursue them fully—and if Uber’s corporate insurance should cover your losses, we’ll make sure they do.

Ready to get started? Contact us today for a free consultation and let us help you take the first step toward recovery.