Is Uber Liable If a Passenger Is Shot and Killed?

The State of Florida requires transportation network companies, more commonly known as rideshare services, to provide $1 million in commercial liability coverage to any driver actively providing a ride. In other words, if you take an Uber or Lyft, from the moment the driver accepts the ride until they drop you off at your destination, there is at least $1 million in coverage available if you are seriously injured in an accident involving your rideshare vehicle.

Miami Judge: Use of Firearms Unrelated to Use of Motor Vehicle

That does not necessarily mean that any injury you sustain as an Uber passenger is covered. A federal judge in Miami recently addressed a case, Progressive Express Insurance Company v. Rivera, where the estate of a woman shot and killed while riding in an Uber sought coverage under the rideshare company’s insurance policy. The insurer said it was not responsible for coverage under these circumstances and the judge agreed.

Here is a brief explanation of what took place. In July 2022, an Uber driver in Miami accepted a ride request from a group of three people, which included both the victim and the shooter in this case. During the trip, the victim and the shooter got into an argument that quickly escalated. The shooter attempted to crawl from the back seat into the front seat of the Uber vehicle as it was still in motion. The shooter then pulled out a gun and fired at the victim, killing her.

The victim’s estate subsequently filed a wrongful death lawsuit against a number of defendants, including the shooter, the driver of the Uber vehicle, and Uber itself. This in turn prompted Uber’s insurance company, Progressive, to file a separate lawsuit in federal court. Such lawsuits are commonly used by insurance companies to establish they are not responsible for insuring an accident that is the subject of a state-court personal injury or wrongful death claim.

In this case, Progressive argued that its policy with Uber only covered “an accident arising out of the ownership, maintenance or use of an insured auto during a prearranged service.” Progressive’s position was that one passenger shooting another passenger is not an “accident” under this definition.

United States District Judge Roy K. Altman agreed and ruled that Progressive was not liable for this tragic event. Altman noted that Florida courts were actually divided over the correct legal test to apply to this sort of insurance dispute. There are actually two competing tests. But Altman said that under either test, Progressive had “no duty to defend” or indemnify Uber or its driver. It came down to the fact that “shooting someone with a firearm doesn’t arise from the inherent nature of a vehicle.” After all, the judge reasoned, a “person can be shot in any location, and there’s nothing about firearms that relate in any way to the ownership, maintenance, or use of an automobile.”

Contact a Miami Uber and Lyft Accidents

While getting shot in an Uber or Lyft is thankfully not a common event, it is unfortunately more likely you will be involved in the type of car accident that is covered by insurance. Our Miami Uber and Lyft accident lawyers can advise you of your rights and deal with the rideshare companies and their insurers on your behalf. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=8329255465875354535