The Most Common Mistakes After a Motorcycle Crash

The Most Common Mistakes After a Motorcycle Crash

The hours and days following a motorcycle crash can shape the outcome of your entire recovery, both physically and financially. In Florida, common mistakes after a motorcycle crash often happen in those early moments when adrenaline is high and information is unclear. Unfortunately, even simple missteps can damage your health, weaken your case, or destroy your chances of receiving fair compensation.

At Bernstein Law, we’ve seen how quickly a strong case can unravel because of avoidable errors. That’s why we guide injured riders through every critical step from day one, protecting your rights while you focus on healing.

Don’t wait to find out you made a costly mistake. Call (727) 209-7957 to speak directly with Attorney Derek Bernstein today.

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Mistake #1: Delaying Medical Attention

One of the most dangerous mistakes after a motorcycle crash in Florida is waiting to get medical help. Even if you feel “okay,” that doesn’t mean you’re in the clear. Internal injuries, brain trauma, and soft tissue damage often develop slowly, and failing to act early can lead to serious consequences for your health and your injury claim.

Delayed Symptoms Are More Common Than You Think

Many crash victims feel fine at first, only to develop pain, dizziness, or other symptoms days later. Head injuries, internal bleeding, and muscle or ligament damage may not be immediately obvious, but they can worsen quickly without treatment. Early medical attention can prevent complications and start the healing process before it’s too late.

A Medical Record Is Your Best Evidence

Insurance companies look closely at the timeline of care. If you wait too long to see a doctor, they may argue your injuries weren’t caused by the crash. A prompt visit creates an official medical record that links your injuries directly to the accident. That documentation is one of the strongest tools you have when pursuing compensation.

What Local Doctors Say About Post-Crash Injuries

Florida physicians often see patients with neck strain, mild concussions, or road rash that worsens over time. These conditions can be deceptive, especially if adrenaline masks early pain. Even if the emergency room clears you, follow-up care is essential to catch developing problems and protect your long-term health.

Neglecting early care can jeopardize both your recovery and your legal claim. Prioritize your health first and protect your legal rights in the process.

Mistake #2: Talking to the At-Fault Driver’s Insurance

After a motorcycle crash, it might seem harmless to take a call from the other driver’s insurance company, especially if they sound polite or concerned. But this is one of the most common and costly mistakes after a motorcycle crash in Florida. Their goal isn’t to help you, it’s to protect their bottom line.

Their Goal Is to Limit Your Payout

Insurance adjusters work for the at-fault driver’s insurer, not for you. They’re trained to find ways to reduce or deny claims, often by getting you to say something they can later use against you. Their friendliness is a strategy, not a sign of support.

Early Statements Can Be Used Against You

Even a short phone call can jeopardize your case. If you say, “I feel fine” or “I’m not sure what happened,” those words can be twisted to suggest your injuries aren’t serious or that you’re partially at fault. These statements, especially if recorded, can lead to delays, lowball offers, or outright denials.

Let a Lawyer Speak on Your Behalf

You don’t have to handle these conversations alone. A qualified attorney knows how to deal with insurance companies and can speak for you to avoid unintentional mistakes. This protects your case and ensures you don’t give the insurer ammunition to use against you later.

When you’re recovering from a crash, the last thing you need is to face trained insurance professionals on your own. Don’t risk it, get legal help before you say a word.

Mistake #3: Failing to Document the Scene and Injuries

In the moments after a motorcycle crash, it’s easy to feel overwhelmed. But once your safety is secured, documenting the aftermath is one of the most critical steps you can take. What you capture or overlook can make or break your injury claim.

The Scene Won’t Stay Intact for Long

Crash evidence disappears quickly. Rain, traffic, and clean-up crews can erase skid marks, scatter debris, or move vehicles, all of which can help establish fault. If you’re able, or if a trusted friend can assist, take photos of the crash scene, your motorcycle, other vehicles, road conditions, and any visible injuries.

Save Everything — Even What Seems Minor

Don’t throw away torn clothing, cracked helmets, or broken gear. These items often help demonstrate the force of impact and how your injuries occurred. Even small details, like bloodied gloves or dented accessories, can provide valuable context when building your case.

Your Own Notes Can Support Your Case

Start a personal injury journal as soon as possible. Document pain levels, medical appointments, sleep issues, and any daily limitations you experience. These firsthand notes not only support your legal claim but also help you track symptoms that might worsen over time.

Thorough documentation shows that you took the crash seriously and provides tangible evidence to support your story, something that becomes more important as time passes and memories fade.

Mistake #4: Posting on Social Media

After a motorcycle crash, even a quick update on social media can come back to haunt you. Insurance companies often search for reasons to reduce or deny your claim, and they won’t hesitate to use your own posts against you.

Even “Innocent” Posts Can Backfire

A photo from a weekend BBQ. A status update like “Feeling better today.” These may seem harmless, but insurers can argue they contradict your reported injuries. Even if the activity was brief or staged, posts can be taken out of context and used to question your credibility.

Insurance Companies Are Watching

Don’t assume privacy settings protect you. Adjusters and investigators routinely monitor public and private accounts including tags, comments, and check-ins. They may also review posts from friends or family that suggest you’re active or well, even if you’re struggling behind the scenes.

The Best Move? Stay Offline

The safest approach is to pause all posting until your case is resolved. If staying off social media isn’t possible, avoid any mention of the crash, your recovery, or your daily activities. Tighten your privacy settings but remember, nothing posted online is ever truly private.

A single post can raise serious doubts about your injuries or intentions. Staying cautious online is one of the simplest ways to protect your case.

Mistake #5: Settling Too Soon

It’s tempting to accept a quick payout when you’re facing medical bills, motorcycle repairs, and lost income. But accepting an early settlement is often one of the costliest mistakes after a motorcycle crash in Florida.

Fast Offers Usually Favor the Insurer

Insurance companies know you’re vulnerable after a crash. Their first offer is usually designed to minimize their payout, not meet your long-term needs. Once you accept, the case is closed. If new symptoms appear or your recovery takes longer than expected, you won’t be able to seek additional compensation.

Future Medical Costs Add Up

Many motorcycle injuries require ongoing care like follow-up surgeries, physical therapy, assistive devices, or long-term pain management. Settling before your condition stabilizes puts you at risk of covering those costs out of pocket. A clear medical prognosis is essential before agreeing to any amount.

A Lawyer Can Help You Know What’s Fair

An experienced motorcycle accident lawyer can estimate future losses and factor in all damages, not just what’s immediately visible. Legal support also shields you from pressure tactics and ensures you don’t leave money on the table.

The right settlement isn’t just about speed, it’s about security. Take the time to protect your future.

Free Resource: Motorcycle Crash Mistakes Checklist (PDF)

Navigating the aftermath of a motorcycle crash is overwhelming but you don’t have to figure it all out on your own. To help Florida riders avoid critical errors, Bernstein Law offers a free downloadable guide: “5 Mistakes to Avoid After a Motorcycle Accident in Florida.”

What You’ll Get in the Checklist

This PDF is packed with quick, rider-focused insights to help you take control after a crash. Inside, you’ll find:

  • Key red flags that often lead to denied claims
  • What to document immediately (and what most people forget)
  • Simple steps to safeguard your recovery and legal standing

It’s designed to be easy to understand and even easier to act on, whether you’re still at the crash scene or reviewing your next steps at home.

How to Download It

Getting your copy is simple. Just fill out the short form on the Bernstein Law website, and you’ll receive it instantly via email or mobile download. No strings attached, just a clear, helpful resource for injured riders.

When to Contact Bernstein Law

While this checklist is designed to help you make smarter early decisions, it isn’t a replacement for legal guidance tailored to your case. Every motorcycle crash is unique, and if you’ve already made one of these mistakes, or are unsure what to do next, reaching out to an attorney can make all the difference.

Grab your copy today and avoid the mistakes that could cost you later.

Frequently Asked Questions About Motorcycle Accident Claims in Florida

If you’ve been in a motorcycle crash, it’s natural to have questions, especially when the legal process feels overwhelming. Here are answers to some of the most common questions Florida riders ask after an accident.

What Should I Do Right After a Motorcycle Crash in Florida?

Answer: Get to safety, call 911, and seek immediate medical care, even if injuries seem minor. If you’re able, document the scene with photos, exchange information with others involved, and avoid discussing fault. Once you’re stable, contact a motorcycle accident lawyer to help you protect your rights.

How Soon Should I Contact a Motorcycle Accident Lawyer?

Answer: As soon as possible. Early legal guidance can prevent mistakes that damage your case, such as speaking to insurance adjusters or accepting a fast settlement. A lawyer can also start preserving time-sensitive evidence right away.

Can I File a Claim If I Wasn’t Wearing a Helmet?

Answer: Yes, you can still file a claim. However, not wearing a helmet may impact how compensation is calculated, especially if you suffered a head injury. Florida uses a comparative fault system, so a portion of blame could be assigned to you, but that doesn’t bar you from recovery.

What If the Other Driver Didn’t Have Insurance?

Answer: You may still have options. If you carry uninsured motorist (UM) coverage, it can step in to help cover your losses. An attorney can review your policy and explore alternative routes for recovery, such as third-party liability or other available assets.

How Long Do I Have to File a Motorcycle Injury Claim in Florida?

Answer: Florida law gives you two years from the date of the accident to file a personal injury claim. Missing this deadline could mean losing your right to recover damages, so it’s important to act quickly.

Will My Medical Bills Be Covered Even Before a Settlement?

Answer: Possibly. Your own health insurance or motorcycle insurance policy (if it includes MedPay) may help cover costs initially. Keep all records and receipts, as these may be reimbursed later through your settlement or verdict.

Do I Still Have a Case If I Was Partially at Fault?

Answer: Yes. Florida’s modified comparative negligence rule allows you to recover compensation as long as you’re not more than 50% at fault. Your settlement may be reduced by your percentage of fault, but you may still be entitled to significant damages.

What Types of Damages Can I Recover After a Motorcycle Crash?

Answer: You may be eligible for compensation covering medical expenses, lost wages, future treatment, pain and suffering, emotional distress, property damage, and more. A lawyer can help calculate the full value of your damages based on your specific case.

Should I Repair My Motorcycle Before My Case Is Settled?

Answer: It’s best to wait. The condition of your motorcycle may serve as critical evidence. If repairs are necessary, take thorough photos first and keep all repair receipts. Consult your lawyer before moving forward with any work.

How Much Does It Cost to Hire a Motorcycle Accident Lawyer?

Answer: At Bernstein Law, there’s no upfront cost. We work on a contingency fee basis, which means you pay nothing unless we win your case. This allows you to get legal help without worrying about hourly rates or retainers.

Don’t Risk Your Case — Get Help From the Law Bear Today

A single misstep after a motorcycle accident can have lasting effects on your health, your finances, and your future. From posting on social media to settling too soon, even well-meaning decisions can seriously harm your case.

Before you speak to an insurance adjuster or accept a quick settlement, get legal guidance from someone who understands what’s at stake. At Bernstein Law, you’ll speak directly with attorney Derek Bernstein — the Law Bear — who will personally fight to protect your rights and maximize your recovery.

Call (727) 209-7957 now for a free consultation. Don’t leave your future to chance, get the Law Bear on your side today.

Why Motorcycle Accident Claims Are So Hard to Win Without a Lawyer in Florida

Why Motorcycle Accident Claims Are So Hard to Win Without a Lawyer in Florida

If you’ve had your motorcycle accident claim denied in FL, or you’re staring down a lowball offer that doesn’t come close to covering your losses, you’re not alone. Many injured riders feel the same frustration, especially when they know the crash wasn’t their fault.

Florida law doesn’t make it easy for motorcyclists. Without access to PIP (personal injury protection) coverage, riders often face an uphill battle to get compensation. Insurance companies may assume you’re reckless just for being on a bike. They may delay, deny, or downplay your claim, all while you’re trying to recover.

The right legal help can change everything. If you’re dealing with an unfair claim denial or settlement offer, it may be time to talk to a lawyer who knows how to fight back. Call Bernstein Law today at (727) 209-7957 to schedule a free consultation.

Want To Talk To An Experienced Personal Injury Lawyer?

Why Motorcycle Accident Claims Are More Complicated Than Car Crash Cases

Motorcycle crash victims face a much tougher road to compensation than drivers in typical car accidents. Florida’s insurance system places extra burdens on riders, both legally and financially. Without proper legal guidance, it’s easy to fall behind on a claim before it even gets off the ground.

Florida’s No-Fault Law Doesn’t Cover Motorcyclists

Florida’s no-fault system requires drivers to carry personal injury protection (PIP) insurance to cover their own medical bills, regardless of fault. But this protection doesn’t apply to motorcyclists. If you’re injured on a motorcycle, you’re not eligible for PIP benefits, even if the other driver was clearly at fault.

Instead, you’re forced to seek compensation through the at-fault driver’s liability coverage. That shifts the burden onto you to prove not only who caused the crash, but also the full extent of your damages.

The Burden of Proving Fault and Damages Without Legal Help

Without PIP, your recovery depends entirely on building a strong third-party claim and that’s no small task. You’ll need to gather evidence like photos from the scene, police reports, witness statements, and medical documentation. Insurance companies don’t make this process easy.

An experienced attorney knows how to secure critical evidence early and present it in a way that strengthens your case. This is where most riders fall short and where legal support makes the biggest difference.

Without PIP, Injured Riders Rely on the At-Fault Driver’s Insurance — Which May Not Be Enough

Even if the other driver was clearly at fault, they may not have enough insurance to cover your injuries. Some carry only the minimum required coverage or none at all. In those cases, you could be left with thousands in unpaid medical bills and lost wages.

That’s where uninsured or underinsured motorist (UM/UIM) coverage may help, if you have it. But dealing with your own insurance company can be just as challenging. If you’re asking yourself, “Do I need a lawyer for a motorcycle accident in Florida?”, the answer is yes, especially when insurance coverage is limited or disputed.

Common Reasons Motorcycle Insurance Claims Get Denied or Reduced

Even when a motorcycle accident claim is valid, insurers often look for ways to reduce or reject it. From unfair stereotypes to aggressive legal tactics, these companies know how to protect their bottom line, and they’re counting on riders not knowing how to fight back.

Bias Against Riders Skews Liability Decisions

Motorcyclists are often unfairly seen as reckless, even when they’re following traffic laws. This bias can color how insurance adjusters assess fault. Adjusters might assume the rider was speeding, weaving, or taking unnecessary risks, without any evidence to support it.

These perceptions don’t just affect initial claim decisions. If your case goes to trial, that same bias can influence how juries view your injuries and your behavior.

Comparative Fault Strategies Used by Insurers

Florida follows a comparative fault system, which means your compensation can be reduced if you’re found partially responsible for the crash. Insurance companies use this to their advantage.

They may argue you were:

  • Speeding or accelerating too quickly
  • Wearing dark or non-reflective gear
  • Lane-splitting or weaving through traffic
  • Not using proper hand signals or safety precautions

Even minor allegations of fault can lower your payout or derail your claim entirely.

Insurer Tactics That Undermine Valid Claims

When riders don’t have legal support, insurers often deploy a series of tactics that make it harder to recover what’s fair.

Delay and Denial Tactics

  • Ignoring or stalling communication
  • Repeatedly requesting “missing” documentation
  • Offering low settlements hoping you’ll give up
  • Using your own recorded statements against you

These strategies are designed to frustrate and exhaust injured riders into settling for less than they deserve.

Evidence and Injury Minimization

  • Downplaying the severity of your injuries
  • Arguing symptoms are from pre-existing conditions
  • Misinterpreting or disputing medical records
  • Denying the need for future care or lost income claims

An experienced motorcycle insurance claim lawyer in FL knows how to spot these tactics and stop them early, before they cost you the compensation you need to heal and move forward.

What a Motorcycle Accident Claim Is Really Worth And Why That’s Hard to Prove Alone

One of the biggest mistakes injured riders make is underestimating the value of their claim. Insurance companies know this, and they use it to their advantage. Without legal guidance, it’s easy to accept far less than your case is worth.

Claim Value Depends on More Than Just Medical Bills

Your claim isn’t just about hospital invoices. A fair motorcycle accident settlement includes:

  • Lost wages and reduced earning ability
  • Long-term medical care and rehabilitation
  • Pain, suffering, and emotional distress
  • Permanent disability or disfigurement
  • Loss of enjoyment of life

These damages are harder to calculate, but they often represent the most significant part of your claim. Unfortunately, insurers rarely offer compensation for what they can’t easily measure.

Insurers Undervalue Claims by Challenging the Evidence

To reduce payouts, insurers often question your injuries or the cause of the crash. They may argue your pain isn’t related to the accident, blame a pre-existing condition, or claim your symptoms aren’t as severe as reported.

This constant pushback chips away at your claim’s value, even when your suffering is real and well-documented.

Legal Support Helps Prove the Full Impact of the Crash

A strong attorney doesn’t just argue the facts, they build a compelling picture of how the crash changed your life. That includes:

  • Gathering expert medical opinions
  • Documenting long-term prognosis and care needs
  • Calculating financial losses and non-economic harm
  • Presenting evidence in a way insurers can’t ignore

With the right legal help, you don’t have to settle for what the insurer says your case is worth, you can fight for what you actually deserve.

Valuing a motorcycle injury claim isn’t just about numbers, it’s about telling your story in a way the insurance company can’t discount. That’s exactly what skilled legal representation is designed to do.

How an Experienced Florida Motorcycle Accident Lawyer Levels the Playing Field

No matter how valid your claim is, you’re not on equal footing with the insurance company. Their adjusters and attorneys handle these cases every day, and they know how to minimize payouts. When you bring in a skilled motorcycle accident lawyer, the dynamic shifts. Here’s how.

Lawyers Know How to Gather and Protect Critical Evidence

Strong claims rely on strong evidence. An experienced attorney acts quickly to:

  • Collect crash reports and 911 call records
  • Secure medical records and bills
  • Interview witnesses and preserve statements
  • Work with accident reconstruction experts
  • Gather photos, video footage, and scene diagrams

The earlier you involve a lawyer, the better your chances of preserving key evidence before it disappears or gets twisted by the other side.

Skilled Legal Strategy Can Strengthen Your Case

Insurance companies use proven strategies to devalue claims. A knowledgeable attorney knows how to counter them. They’ll identify coverage limits, anticipate defense arguments, and build a case that’s designed to hold up in negotiations or in court.

This level of legal strategy often leads to higher settlement offers. And if the insurer won’t play fair, a good attorney is ready to take your case to trial.

Legal Help Made the Difference: A Hypothetical Example

Consider this hypothetical scenario: A motorcyclist is hit while crossing an intersection. The crash leaves them with a fractured shoulder, months of physical therapy ahead, and several weeks of missed work. But when they file a claim, the insurance company blames them for “riding too fast” and offers a settlement that barely covers the ER visit.

Frustrated, the rider contacts an experienced motorcycle accident lawyer. The attorney immediately gathers dashcam footage from a nearby vehicle, interviews witnesses, and works with a medical expert to document the true extent of the injuries. That evidence tells a very different story, one that holds the at-fault driver fully accountable.

As a result, the case shifts. The insurer comes back with a significantly higher offer that includes future treatment costs, lost wages, and compensation for pain and suffering.

It’s not a real case, but it reflects how legal strategy and thorough evidence gathering can completely change the outcome of a claim.

Derek Bernstein’s Commitment to Florida’s Injured Riders

Attorney Derek Bernstein brings trial-tested experience and personal commitment to every motorcycle accident case. Clients don’t get passed off to a case manager, they work directly with Derek from day one.

Known as “The Law Bear,” Derek is approachable, honest, and fiercely protective of the people he represents. He takes every case seriously because he knows what’s at stake for injured riders and he’s not afraid to fight for the results they deserve.

Motorcycle Crash Claim Questions Florida Riders Ask Most

After a crash, many riders have the same questions: what happens now, and how do I protect myself? Below are some of the most common concerns we hear from injured motorcyclists across Florida, along with clear answers to help you make informed decisions.

What Should I Do If My Motorcycle Accident Claim Was Denied in Florida?

Answer: Start by reviewing the denial letter carefully and gather any documents related to your claim. Then speak with a motorcycle accident attorney as soon as possible. A lawyer can identify weaknesses in the insurer’s reasoning and may uncover missing evidence that supports your case.

Can I Still Get Compensation If I Was Partially at Fault?

Answer: Yes. Under Florida’s modified comparative fault law, you may still recover compensation if you were 50% or less at fault. However, your total recovery will be reduced by your percentage of fault. An attorney can help protect your share and push back against exaggerated blame.

Is It Worth Hiring a Lawyer for a Motorcycle Crash in Florida?

Answer: Absolutely, especially if your injuries are serious, your claim was denied, or the insurer is offering less than your damages are worth. A lawyer can level the playing field, negotiate with insurance companies, and prepare your case for trial if necessary.

What Makes Motorcycle Accident Claims Different From Car Accidents?

Answer: Motorcyclists don’t have access to PIP coverage in Florida, so they must pursue compensation through at-fault liability claims. Riders also face more severe injuries, deeper financial losses, and bias from insurers — all of which make legal support even more important.

Will Insurance Pay If I Wasn’t Wearing a Helmet?

Answer: Possibly. Florida law only requires helmets for riders under 21 or those without specific insurance coverage. While not wearing a helmet can affect the value of your claim, especially if you suffered a head injury, it doesn’t automatically disqualify you from compensation.

How Long Do I Have to File a Motorcycle Accident Lawsuit in Florida?

Answer: Florida’s statute of limitations for personal injury claims is generally two years from the date of the accident. If you miss that deadline, you may lose your right to recover damages entirely, so it’s important to act quickly.

What Evidence Helps Strengthen My Motorcycle Accident Claim?

Answer: Strong evidence includes crash scene photos, helmet cam or dashcam footage, medical records, witness statements, police reports, and expert evaluations. The sooner you secure this evidence, the stronger your claim will be.

Can I Recover Damages If the At-Fault Driver Had No Insurance?

Answer: You may be able to recover compensation through your uninsured/underinsured motorist (UM/UIM) coverage if you carry it. An attorney can review your policy and help you file a claim against your own insurer, if needed.

How Much Does It Cost to Hire a Motorcycle Accident Lawyer?

Answer: Most personal injury lawyers, including Bernstein Law, work on a contingency fee basis, meaning you pay nothing upfront, and the lawyer only gets paid if they win your case. Initial consultations are free.

Will I Work Directly With Derek Bernstein on My Case?

Answer: Yes. At Bernstein Law, you’ll speak directly with attorney Derek Bernstein, not just a case manager or junior associate. Derek is hands-on, responsive, and fully invested in helping injured riders get the compensation they deserve.

Your questions deserve real answers and the right legal partner can provide them. If you’re unsure where your case stands, now is the time to get clarity and take action.

Injured in a Motorcycle Crash? Get Legal Help Now!

After a crash, it’s easy to feel overwhelmed, especially when the insurance company seems more interested in protecting their bottom line than helping you recover. You’re not just dealing with medical bills or bike repairs. You’re dealing with lost time, stress, and a system that wasn’t built for riders.

But you don’t have to go through it alone. When you work with Bernstein Law, you get more than legal advice, you get a dedicated advocate who puts your needs first and pushes back hard when insurers try to take advantage. If your claim has been denied or undervalued, now is the time to act.

Don’t let the insurance company control your future. Call Bernstein Law at (727) 209-7957 today for a free consultation. You’ll speak directly with attorney Derek Bernstein, “The Law Bear”, and get the honest, aggressive representation you deserve. You don’t pay unless we win.

 

What to Do After a Rideshare Accident in St. Petersburg

What to Do After a Rideshare Accident in St. Petersburg

Being involved in an Uber or Lyft accident in St. Petersburg can be confusing and overwhelming. Unlike typical car crashes, rideshare accidents involve additional layers of insurance, corporate policies, and liability questions that complicate the claims process.

Whether you were a passenger, a rideshare driver, or another party injured in a crash involving an Uber or Lyft vehicle, this guide will walk you through what to do next. From understanding Florida’s insurance rules to taking legal action, we break down every step to help protect your rights and build a strong claim.

At Bernstein Law, we understand the unique challenges rideshare victims face. If you’ve been injured in an Uber or Lyft accident in St. Petersburg, call us at (727) 209-7957 today to speak directly with attorney Derek Bernstein and get the legal help you need.

Want To Talk To An Experienced Personal Injury Lawyer?

What Makes Uber and Lyft Accident Claims More Complex in Florida

Rideshare accident cases involve more than just two drivers exchanging insurance — they often include multiple layers of coverage, corporate policies, and Florida-specific legal rules. Being aware of these factors is essential to filing a successful claim.

Rideshare Insurance: How Coverage Works

Uber and Lyft use a tiered insurance system that changes depending on what the rideshare driver was doing at the time of the accident:

  • App off: Only the driver’s personal auto insurance applies.
  • App on, no passenger yet: Uber or Lyft provides limited liability coverage (typically $50,000 per person / $100,000 per accident).
  • En route to a passenger or during a trip: Uber or Lyft offers up to $1 million in liability coverage, plus potential uninsured/underinsured motorist protection.

Determining the exact status of the app at the time of the crash is critical, as it affects which insurance policy applies and what compensation may be available.

Who’s Covered Under These Policies

Rideshare-related coverage doesn’t just apply to the driver:

  • Passengers in Uber or Lyft vehicles are typically protected under the company’s $1 million liability policy once the trip has started.
  • Rideshare drivers may rely on a combination of their personal policy and Uber/Lyft coverage, depending on their app status.
  • Third parties, such as pedestrians, cyclists, or other drivers struck by a rideshare vehicle, may also be covered, depending on whether the rideshare driver was actively using the app.”

Identifying your role in the crash helps clarify which insurance applies and how to file your claim properly.

Florida’s No-Fault (PIP) Rules & When They Don’t Apply

Florida is a no-fault state, which means that Personal Injury Protection (PIP) applies first, regardless of who caused the accident. Whether you’re a rideshare passenger, an Uber or Lyft driver, or someone else involved in the crash, your own PIP coverage typically pays for medical expenses and some lost wages.

However, if your injuries meet the state’s “serious injury” threshold, you can step outside of the no-fault system and pursue a claim against the at-fault party. This allows you to seek additional damages such as pain and suffering, lost future earnings, and long-term or permanent medical costs.

Since rideshare accidents often involve multiple insurers and complex coverage rules, it’s crucial to distinguish when PIP applies and when it doesn’t to safeguard your legal rights.

Understanding Florida’s Modified Comparative Fault Law

In 2023, Florida revised its comparative fault law, capping compensation based on fault percentage. If you are found more than 50% responsible, you cannot recover damages.

This means that any assigned fault in a rideshare accident can reduce your compensation proportionally or even bar recovery entirely. Given the frequent disputes over fault in rideshare crashes, careful evaluation of this law’s impact on your case is vital.

Florida’s no-fault system, layered insurance, and comparative fault law create a complex claims environment. An experienced lawyer can help navigate these challenges, protect your rights, and fight for the compensation you deserve.

Steps to Take Immediately After a Rideshare Accident

A rideshare accident can be overwhelming and confusing. Taking quick, careful action after the crash can protect your health and legal rights.

Here’s what to do right away:

Prioritize Safety and Medical Attention

First and foremost, check yourself and others for injuries. Even if you feel okay, seek immediate medical care, symptoms can appear hours or days later. If it’s safe, move to the side of the road or another secure area to avoid further danger.

Call 911 and Request a Police Report

Always call 911 to report the accident. A police report creates an official record that supports your claim. Stay at the scene until officers arrive, answer their questions factually, and ask how to get a copy of the crash report for your records.

Collect Important Information

Gather contact and insurance details from everyone involved, including:

  • Rideshare driver’s name and phone number
  • Personal and rideshare company insurance information
  • Screenshots of the trip showing the app status, pickup/drop-off locations, and ride times
  • Contact info of any witnesses who saw the accident

Document the Scene with Photos

Take clear photos of:

  • All vehicles involved, highlighting visible damage
  • Road conditions, street signs, and traffic signals
  • Any visible injuries you or others may have

These images serve as powerful evidence for your claim.

Don’t Admit Fault or Post on Social Media

Avoid admitting blame at the scene, even casually. Also, do not post about the accident on social media, as insurance companies might use your posts against you later.

Save This Step-by-Step Post-Rideshare Accident Checklist

Stress can make it hard to remember every detail. Screenshot this checklist to ensure you don’t miss any important steps.

Taking these actions promptly can protect your well-being and strengthen your legal case. After you’ve handled these steps, consulting an experienced St. Petersburg rideshare accident lawyer can provide the guidance you need to navigate the complex claims process ahead.

Notifying Uber or Lyft After an Accident

After a rideshare crash, one often overlooked but critical step is properly notifying the platform involved. Whether you were a passenger, driver, or third party, alerting Uber or Lyft starts a formal record of the incident and may trigger insurance coverage. Here’s how to do it and what to expect.

How to Report a Rideshare Accident in St. Petersburg

Both Uber and Lyft make it relatively easy to report accidents through their apps:

  • In the Uber app: Go to “Your Trips,” select the relevant ride, and choose “Report an Issue” > “I was in an accident.”
  • In the Lyft app: Tap the ride from your trip history, then select “Get Help” > “Report a Safety Issue.”

If you weren’t the passenger or driver, such as a pedestrian or another motorist, you can also report the crash through Uber’s or Lyft’s official support websites.

What to Expect After Reporting Your Rideshare Accident

Once you report the accident, either the rideshare company or its insurance provider may follow up for additional information. They might request:

  • A written or recorded statement
  • Photos from the scene
  • Trip receipts or ride history
  • Medical documents related to your injuries

Remember, these companies and their insurers protect their bottom line, not your best interests. Be cautious when communicating and avoid sharing too much without legal guidance.

Why Legal Guidance Matters Early

What you say to Uber, Lyft, or their insurers can directly affect your ability to receive compensation. Even small misstatements, like minimizing your injuries or guessing about fault, can be used against you.

That’s why it’s wise to speak with a personal injury attorney before engaging further. At Bernstein Law, we help rideshare accident victims navigate this process with confidence. We handle communication with Uber or Lyft on your behalf to keep your rights and recovery as the priority.

Why Florida Rideshare Accident Victims Trust Bernstein Law

Navigating a rideshare injury claim is rarely simple, especially in Florida, where state-specific laws, corporate insurers, and multi-layered coverage policies add complexity. At Bernstein Law, we don’t treat your case like a number. We deliver focused, attorney-led representation designed to stand up to big insurance companies and achieve real results for Florida victims.

Direct Access to Attorney Derek Bernstein

When you hire Bernstein Law, your case doesn’t get handed off to a case manager or buried in a legal assembly line. You speak directly with attorney Derek Bernstein from day one through resolution. Every legal strategy is tailored to your unique circumstances — no cookie-cutter approaches. You get personalized legal guidance from someone who’s genuinely invested in your outcome.

Experience with Florida Rideshare Insurance Disputes

Florida’s insurance system is unique, and rideshare claims add an extra layer of complexity. We understand how Uber and Lyft coverage interacts with Florida’s no-fault rules, know how to identify when your injuries meet the “serious injury” threshold to pursue a fault-based claim, and have extensive experience pushing back against delay and denial tactics commonly used by national insurers targeting Florida victims.

We Build Cases That Stand Up to Corporate Insurance Teams

Winning your case starts with building it the right way, and that’s where we excel. We thoroughly investigate details like the driver’s app status to pinpoint the applicable coverage, gather and preserve crucial evidence such as app data, police reports, and medical records, and negotiate assertively with corporate insurers, always prepared to take your case to trial if needed.

Highly Experienced in the Pinellas Courts

We’re based in Florida, which makes a real difference. We know the local court systems in St. Petersburg and throughout the state, understand how local traffic laws, law enforcement, and area medical providers can impact your case, and combine personalized one-on-one support with the strength of a statewide legal advocate.

At Bernstein Law, we’ve built our reputation by putting Florida clients first, not case volume. If you’ve been hurt in a rideshare accident, we’re here to listen, guide, and fight for the recovery you deserve.

Rideshare Insurance Coverage FAQs

Navigating rideshare insurance after a crash can be overwhelming. Here are answers to some of the most common questions Florida accident victims have about Uber and Lyft coverage.

What Kind of Insurance Does Uber or Lyft Provide in Florida?

Answer: Uber and Lyft provide different levels of insurance coverage depending on whether the driver was off duty, waiting for a ride, or actively transporting a passenger. These tiers determine which policy applies and how much compensation may be available in the event of an accident.

I Was a Passenger in an Uber or Lyft. Do I Have to Use My Own Insurance First?

Answer: Yes. Because Florida follows a no-fault system, your Personal Injury Protection (PIP) coverage typically applies first, even if you were not driving. However, if your injuries are severe enough to meet the legal threshold, you may be able to pursue additional compensation through the rideshare company’s insurance.

What If the Rideshare Driver was Off-duty During the Crash?

Answer: If the rideshare driver was not logged into the app at the time of the crash, then their personal auto insurance is the only coverage available. In these cases, Uber or Lyft will not provide any insurance support, which can complicate the claims process if the driver’s coverage is limited or denied.

Even when the details seem straightforward, rideshare accidents often involve multiple insurance layers and coverage disputes. If you’re unsure which policy applies to your situation, an attorney can help clarify your options and advocate for the compensation you deserve.

Legal Options and Liability FAQs

Rideshare accidents often leave victims unsure of their legal rights, especially when corporate policies and independent contractors are involved. Here are answers to the most common questions about liability and what steps you can take.

Can I Sue Uber or Lyft Directly After an Accident?

Answer: In most cases, you can’t sue Uber or Lyft directly because their drivers are classified as independent contractors. However, you may still have a valid claim against the rideshare company’s insurance if the driver was actively using the app. Specific legal exceptions do exist, which is why it’s important to consult an attorney about your case.

Can I File a Claim if I Was Hit By an Uber or Lyft Driver?

Answer: Yes. If a rideshare driver struck you while you were walking, biking, or driving, you may be able to file a claim, especially if the driver was logged into the app. The driver’s status at the time of the crash will determine which insurance policy applies and how much compensation may be available.

Do I Need a Lawyer After an Uber or Lyft Accident in Florida?

Answer: While it’s not required, hiring an attorney is often critical in rideshare cases. Insurance companies may dispute fault, minimize injuries, or delay claims. An experienced Florida lawyer can protect your rights, deal with the insurer, and help you recover the compensation you’re entitled to.

Legal guidance can be the difference between a denied claim and a fair outcome. If you’ve been injured in a rideshare accident, don’t wait to get the answers and support you need.

Claim Process and Deadlines FAQs

Dealing with a rideshare accident claim can feel overwhelming, especially with strict deadlines and legal procedures involved. These frequently asked questions can help you avoid costly missteps and protect your right to fair compensation.

How Long Do I Have to File a Rideshare Injury Claim in Florida?

Answer: In most cases, you have two years from the date of the accident to file a personal injury claim in Florida. However, certain factors could shorten or extend this deadline, so it’s important to take action early and consult with an attorney.

What Damages Can I Recover in a Rideshare Accident Claim?

Answer: You may be entitled to compensation for medical bills, lost income, pain and suffering, property damage, and future expenses linked to long-term injuries. The specific damages depend on the circumstances of your case and the insurance coverage available.

What Should I Avoid Doing After a Rideshare Accident?

Answer: Don’t admit fault at the scene, post about the accident on social media, or speak to insurance adjusters without legal guidance. These actions could be used to reduce or deny your claim.
Even a small error can impact your recovery. The sooner you understand your legal options and get support, the stronger your case will be.

Choosing Bernstein Law FAQs

When your health, finances, and future are on the line after a rideshare accident, the law firm you choose matters. Here’s why injured Floridians turn to Bernstein Law with confidence.

Why Choose Bernstein Law for My Uber or Lyft Accident Case?

Answer: At Bernstein Law, you’re never just a case number. From day one, you work directly with attorney Derek Bernstein — not passed off to a junior associate or case manager. We bring a deep understanding of Florida’s complex rideshare insurance rules, a hands-on approach to gathering evidence, and a proven strategy for holding corporate insurers accountable. Our team is committed to building the strongest case possible and fighting for the outcome you deserve.

We don’t just represent rideshare accident victims, we advocate for them every step of the way.

Act Now: Talk to a Rideshare Accident Lawyer

Rideshare accidents bring unique challenges that require swift, skilled legal action to protect your interests. The sooner you have an experienced attorney by your side, the better your chances of a fair outcome and maximum compensation.

Bernstein Law offers a free consultation to review your case and help you understand your best steps forward with clear, honest advice tailored to your needs.

If you’ve been hurt in an Uber or Lyft crash in St. Petersburg, call Bernstein Law now at (727) 209-7957. Let’s make sure you’re not left with the medical bills and unanswered questions. You deserve an advocate who puts you first.