Florida’s 2017 statute limiting vicarious liability for rideshare companies is being cited as a model for Congress as it considers reauthorizing and updating the Graves Amendment to cover car-sharing and rideshare platforms.
This framework matters because it shapes how insurance coverage and legal responsibility are assigned in the growing rideshare sector, potentially affecting costs for both companies and consumers. The law sets clear standards for when a transportation network company may be held liable for harm to individuals or property resulting from the use of a TNC vehicle while the driver is logged onto the digital network.
According to a FindLaw article, article on the Graves Amendment and rental car liability, the federal law codified at 49 U.S.C. § 30106 prevents rental and leasing companies from being held vicariously liable for accidents caused solely by the actions of renters or lessees. Florida Statute 627.748 applies a comparable approach to transportation network companies by exempting them from general liability for driver-related harms during logged-on periods, provided statutory conditions are met, including insurance mandates and independent contractor status for qualifying drivers. The law addresses distinct coverage phases when a driver is available via the app but not yet engaged in a ride versus when actively transporting a passenger, according to FindLaw.
Florida’s approach also aims to control insurance and litigation costs that can impact ride affordability across the state. Florida’s rideshare liability framework under statute 627.748 helps control insurance and litigation costs that can affect ride affordability for consumers across the state, as reported in recent policy reviews. The statute sets specific minimum primary automobile insurance levels that activate based on driver status and includes provisions allowing personal auto insurers to exclude TNC-related coverage while requiring the company or driver to maintain appropriate commercial policies. This structure supports service availability for riders in Florida while tying accountability to actual fault rather than platform affiliation, as reported by NewsBreak.
At the national level, lawmakers are considering whether similar protections should be extended beyond rental car companies to include rideshare and peer-to-peer car-sharing platforms. At the national level, the Graves Amendment has provided uniform federal preemption against state-imposed vicarious liability on rental and leasing companies since its enactment as part of the 2005 surface transportation bill, according to transportation policy analyses. Lawmakers are considering extensions of these protections to rideshare and peer-to-peer car-sharing platforms in upcoming legislation for surface transportation reauthorization to reduce compliance complexity across states and stabilize costs in the mobility sector. Several states have pursued parallel reforms that mirror the federal approach by limiting liability to cases involving direct negligence or criminal acts by the platform, according to Americans for Tax Reform.
The Florida Legislature continues its role as the state’s primary lawmaking body, composed of the Senate and House of Representatives, and is responsible for enacting statutes that regulate emerging transportation services, including those governing transportation network companies. It focuses on balancing innovation with requirements such as insurance background checks while providing clear standards regarding liability during prearranged rides, according to its official website.
