A new ruling from the Florida First District Court of Appeal just changed the game for subrogation claims in Miami involving rideshare accidents. The court’s decision in Progressive Select Insurance Company v. Florida Department of Financial Services, which came down on September 18, 2025, finally clarifies the pecking order for insurance coverage when a driver for a Transportation Network Company (TNC) like Uber is involved in a crash. This ruling deeply impacts insurers trying to recover damages, especially in the common scenario of cyclists injured by Uber drivers in Miami, and it creates a whole new set of challenges for our subrogation efforts.
Key Takeaways
- The Florida First District’s ruling in Progressive Select Insurance Company v. Florida Department of Financial Services (Sept. 18, 2025) makes it official: a TNC’s insurance is primary during a trip, pushing the driver’s personal auto policy to the back of the line for subrogation.
- If you’re an insurer pursuing subrogation for an Uber-related accident in Miami, you have to aim your claim at the TNC’s commercial policy first. This changes how you value claims and plan your recovery strategy.
- Legal teams absolutely must have Florida Statute 627.748 and the specific TNC insurance policy in front of them to figure out the exact coverage phase and limits for the accident, because these details determine if a subrogation claim is even possible.
- The ruling creates a straighter line to the TNC’s big commercial policies for recovery, which could make getting money for injured people easier, but it means we have to throw out our traditional subrogation playbooks.
Understanding the Florida Appellate Ruling
The Progressive Select decision (docket 3DCA25-1045) gets right into the messy conflict between personal auto policies and the commercial liability policies that companies like Uber have to carry. The entire case hangs on Florida Statute 627.748, the law that lays out insurance rules for TNCs. Before this ruling, there was a constant gray area about which policy paid first when an Uber driver, mid-trip, caused an accident. This was a nightmare for subrogation, as an insurer for an injured person would chase the driver’s personal policy only to get denied because it was secondary or had a TNC exclusion.
Now the court has spoken, and it’s crystal clear: during “Period 2” and “Period 3” of TNC driving, the TNC’s commercial policy is primary. Period 2 is the time after a driver accepts a ride request and is driving to the pickup. Period 3 covers the entire time a passenger is in the car. This means the Uber driver’s own personal auto policy is just excess coverage during those times. For those of us in subrogation, this is a massive shift. You can’t just go after the driver’s personal policy first anymore.
This decision applies immediately to all cases tried after September 18, 2025, and sets a binding precedent in Florida’s First District, which covers Miami-Dade County. Any firm handling PI or subro in Miami needs to update its strategies right now. If you don’t, you’re looking at wasted time and money, or even getting your subrogation claim thrown out entirely.
Impact on Uber Cyclist Subrogation Claims in Miami
Anyone who’s been to Miami knows that areas like Brickell, Wynwood, and South Beach are flooded with Uber drivers and cyclists, and they’re constantly crossing paths. Accidents are bound to happen. When a cyclist gets hit by an Uber driver, the cyclist’s own insurance pays for medical bills or bike repairs and then tries to get that money back through subrogation. Before this ruling, that recovery process was a tangled mess. You might send a demand to the Uber driver’s personal auto insurer, only to have them point to a TNC exclusion clause and shut the door.
Thanks to the Progressive Select decision, the subrogation process is a lot more direct. If a cyclist is hit by an Uber driver who was on their way to pick someone up or already had a passenger, the primary target for the subrogation claim is the TNC’s commercial policy. These commercial policies have much higher liability limits than personal ones, which means a better chance of recovering the full amount. For example, Uber’s policy typically provides $1 million in liability coverage during Periods 2 and 3, a huge jump from a personal auto policy that might cap out at $50,000 or $100,000 for bodily injury.
This doesn’t make everything simple, of course. Subrogating insurers still have the job of proving the Uber driver was at fault and, critically, proving the crash happened during a covered TNC period. This means you have to be aggressive with your investigation, getting ride logs from Uber, driver activity data, and any witness statements you can find. The good news is that the legal question of who’s the primary insurer is now settled, removing a major roadblock from these claims.
Think about this scenario: a cyclist gets hit by an Uber at Biscayne Boulevard and NE 11th Street in downtown Miami. If the driver had a passenger, the cyclist’s insurer, after paying for treatment at Jackson Memorial Hospital, can now go straight after Uber’s commercial carrier for subrogation. No more wasting time with the driver’s personal policy first. It’s a cleaner path to a fuller recovery.
Hit while cycling?
Most cyclists accept the first offer, which is typically 50–70% less than what they actually deserve.
Working through Florida Statute 627.748: The TNC Insurance Framework
Florida Statute 627.748, the one titled “Insurance requirements for transportation network companies,” is the foundation for this whole ruling. The legislature passed it to deal with the insurance problems created by the rideshare industry. It lays out three clear operational periods for TNC drivers and what insurance is required for each:
- Period 1 (App Off/Available): This is when the driver has the app on and is waiting for a ride request. During this time, the TNC has to provide primary liability coverage of at least $50k per person/$100k per incident for death/bodily injury, and $25k for property damage.
- Period 2 (Accepted Request/En Route): The driver has accepted a ride and is on the way to the passenger. The TNC’s insurance must provide at least $1 million in primary liability coverage for death, bodily injury, and property damage.
- Period 3 (Passenger Onboard): From the moment the passenger gets in until they get out. Just like Period 2, the TNC has to provide at least $1 million in primary liability coverage.
The Progressive Select ruling cements the TNC’s coverage as primary for Periods 2 and 3. The statute also says the TNC’s insurer has a duty to defend and indemnify the driver. This is a huge deal for subrogation because it means the TNC’s insurance company has to step up and handle the claim. They can’t just pass the buck back to the driver’s personal insurer.
For any lawyer or adjuster handling an Uber-related claim, you have to know Florida Statute 627.748 inside and out. The driver’s exact status at the moment of the crash determines everything, which policy pays and how much is available. If you’re pursuing subrogation, you must get the driver’s activity logs from Uber to prove which operational period you’re in. If you don’t have that proof, your claim could be dead on arrival.
Practical Steps for Subrogating Insurers and Legal Counsel
The Progressive Select decision means we all have to recalibrate how we handle subrogation in Florida. Here are the steps you need to be taking now:
Immediate Investigation and Evidence Collection
The second you get a file with a cyclist and an Uber driver, your first job is to find out the driver’s status. That means demanding the ride logs and activity data from Uber immediately. They’re not always happy to hand it over without a formal request or a subpoena, but that data is everything. The police report might say the driver was working for a TNC, but it probably won’t specify if it was Period 1, 2, or 3. So you also need to find witnesses, dashcam video, and document everything the driver said at the scene.
For instance, in a crash near the Venetian Causeway, you’d want to immediately canvas nearby businesses or check for traffic cams to prove the driver’s passenger status. You still need to do the standard work of documenting the cyclist’s injuries and damages, but the focus has to be on nailing down the primary insurer from day one.
Direct Engagement with TNC Insurers
Stop sending your initial subrogation demand to the Uber driver’s personal insurer. It’s a waste of time. The demand now goes straight to the TNC’s commercial carrier, which for Uber is usually a big player like James River Insurance Company or Progressive Commercial. Finding the right carrier for that specific incident can be a pain, but it’s worth it. A demand letter that explicitly cites the Progressive Select ruling and Florida Statute 627.748 is going to get their attention.
My own experience shows that getting on the phone with the TNC’s adjuster early on can move the whole process along much faster. These adjusters know the law and they know what this ruling means. Going through the driver’s personal insurer first just adds pointless steps and gives the TNC’s carrier more time to build a defense.
Reviewing TNC Policy Exclusions and Endorsements
So the ruling says the TNC policy is primary. Great. But that doesn’t mean you can stop reading. You absolutely have to get a copy of the TNC’s actual commercial policy and read it. These policies can have weird exclusions or conditions that could sink your subrogation claim. Maybe the policy has limits for certain cars or for drivers who weren’t following all of Uber’s rules. What good is knowing the TNC policy is primary if you don’t know what it actually covers?
Knowing these details can save you from a nasty surprise later. A full policy review is non-negotiable for any rideshare subrogation case. Too many subrogation attempts fail because the lawyer just assumed they knew what the policy said instead of actually analyzing it.
Considering Bad Faith Claims (When Applicable)
What if the TNC insurer stonewalls you? If they unreasonably delay or deny a perfectly valid subrogation claim, even with the Progressive Select ruling and clear proof under Florida Statute 627.748, then you might have to consider a bad faith claim. Florida law, specifically Statute 624.155, allows you to go after insurers for not acting in good faith. This is a serious move and not one you should make lightly, but it’s a powerful tool when an insurer is being completely unreasonable.
The only way this works is if you document every single email, phone call, and letter with the TNC insurer. You need a perfect paper trail of your demands, their denials, and their reasoning (or lack thereof). Without that documentation, trying to prove bad faith is almost impossible.
The Evolving Field of Rideshare Subrogation
The Progressive Select decision isn’t a one-off event. It’s part of a legal system that’s still trying to catch up with the rideshare industry. As TNCs become a bigger part of our transportation system, courts and lawmakers are going to keep tweaking the rules. This means anyone working in subrogation has to stay on top of these changes and constantly be learning. Are you reading the latest appellate decisions?
This ruling gives subrogating insurers a clearer, more predictable shot at recovery. That’s the good news. But it also means you need a more specialized way of investigating and handling these claims. You can’t treat an Uber accident like a regular car wreck anymore. To win at subrogation in Florida now, you need a deep knowledge of TNC rules and you need to be ready to fight for the evidence you need from the very beginning.
The Florida First District Court of Appeal’s decision in Progressive Select Insurance Company v. Florida Department of Financial Services has completely changed subrogation for Uber accidents in Miami. The TNC’s commercial policy is now primary during active trips. That means insurers and their lawyers have to change tactics, targeting these commercial policies directly and using Florida Statute 627.748 to get the best possible recovery.
What’s the bottom line from the Progressive Select ruling?
The main takeaway is that for a rideshare trip in Florida, the TNC’s commercial insurance pays first during “Period 2” (driver heading to a passenger) and “Period 3” (passenger in the car). The Uber driver’s personal policy is no longer the primary target.
What’s the Florida law for Uber insurance?
It’s Florida Statute 627.748, called “Insurance requirements for transportation network companies.” It defines the insurance TNC drivers must have during the different phases of their work.
How does this change subrogation for a cyclist hit by an Uber in Miami?
The insurer for the injured cyclist should immediately go after the TNC’s commercial insurance carrier. That policy is now primary during active rideshare periods and likely has much higher liability limits than the driver’s personal policy.
What’s the most important evidence to get after an Uber accident for subrogation?
You need to get the ride logs and activity data from Uber. This is the only way to prove the driver’s status (Period 1, 2, or 3) at the time of the crash, which is what decides which insurance policy is primary.
Is the Uber driver’s personal insurance ever primary?
Yes. The driver’s personal policy is usually primary during “Period 1,” which is when the driver has the app on and is available but hasn’t accepted a ride yet. In that phase, the TNC’s insurance is secondary and provides lower limits.
