Who pays when a robotaxi crashes in Florida?

Florida's robotaxi statute is short and permissive, last amended in 2019 (ch. 2019-101). The old questions still decide these cases: who caused the crash, and whose insurance answers for it. What is new is the evidence: the car recorded what happened, and the company holds the recording. For Texas and Illinois, see our article on what to do after a robotaxi crash.

Which robotaxi companies operate in Florida, and where?

Waymo runs public driverless service in Miami and Orlando and began an invite-based Tampa rollout on September 1, 2026, according to the local reports cited below. Tesla, Zoox, and a Lake Nona shuttle service operate on a smaller scale, according to the same reports.

Company and city	Status and area, as reported	Source
Waymo, Miami	Open to the public since Jan. 22, 2026; about 60 sq. mi. (Design District, Wynwood, Brickell, Coral Gables); no airport service at launch	WSVN (Jan. 22, 2026)
Waymo, Orlando	Open to all riders since Apr. 15, 2026; about 60 sq. mi. (downtown, tourist district)	ClickOrlando (Apr. 15, 2026)
Waymo, Tampa	Invite-based rollout since Sept. 1, 2026; about 50 sq. mi. (Westshore to Highland Pines, including Hyde Park)	Business Observer (Sept. 1, 2026)
Tesla, Miami	Launched July 2026; Tesla has not confirmed whether Florida rides are supervised	Reuters (July 6, 2026)
Tesla, Orlando and Tampa	Announced July 21, 2026	Insurance Journal (July 24, 2026)
Zoox, Miami	Rider testing announced; free rides reported; paid service not confirmed	WLRN (Mar. 25, 2026); Reuters (August 2026)
MOIA and Beep, Lake Nona (Orlando)	VW ID. Buzz shuttles since Sept. 2026, human safety monitors, invited riders only	Hoodline (Sept. 25, 2026)

Waymo has announced plans to grow its Miami area to about 150 square miles, including Miami Beach, Miami Gardens, the Hard Rock Stadium area, and some highways, with no start dates, according to NBC Miami (May 13, 2026).

Tesla's Florida fleets have been reported as very small, according to a community tracker (August 2026).

Who is the driver when a robotaxi crashes in Florida?

The software is. Florida law provides that "the automated driving system, when engaged, shall be deemed to be the operator of an autonomous vehicle, regardless of whether a person is physically present in the vehicle while the vehicle is operating with the automated driving system engaged" (Fla. Stat. § 316.85(3)(a)).

Florida does not require a licensed human operator, and a robotaxi may run with no one aboard (§ 316.85(1)-(2)). Teleoperation, where a person elsewhere controls the car, is allowed (§ 316.85(5)). Robotaxi networks operate under Florida's rideshare statute minus its human-driver provisions and must meet § 627.749's insurance rules (§ 316.85(4)).

The practical question is which company stands behind the software: the one running the ride network, the one that built the vehicle, or both. A human driver who caused the crash answers for it as usual.

Who pays for injuries after a Florida robotaxi crash?

Start with the robotaxi's own insurance. With the system engaged, a fully autonomous vehicle must carry at least $1 million in primary liability coverage, plus personal injury protection (PIP) and uninsured/underinsured motorist coverage, whenever it is logged on to an on-demand network or engaged in a prearranged ride (Fla. Stat. § 627.749(2)(a)).

That is broader than the rule for human Uber and Lyft drivers, whose $1 million minimum applies only during a prearranged ride (§ 627.748). So an empty robotaxi waiting for its next fare must still carry $1 million. Our article on who pays after an Uber or Lyft accident covers those human-driver crashes.

When the crash happens	Robotaxi (§ 627.749)	Human rideshare driver (§ 627.748)
Logged on, waiting for a ride	At least $1 million primary liability, plus PIP and uninsured/underinsured motorist coverage	50/100/25 liability, plus PIP and uninsured motorist coverage
During a prearranged ride	At least $1 million primary liability, plus PIP and uninsured/underinsured motorist coverage	At least $1 million liability

PIP is Florida coverage for an injured person's medical bills and lost income, up to the policy's limits.

If a human driver contributed to the crash, that driver's insurer is involved too, and if a software or vehicle defect contributed, the manufacturer may share responsibility. One Florida rule shapes damages: evidence of paid past medical bills is limited to the amount actually paid (§ 768.0427).

Will the robotaxi call the police after a crash?

Maybe, but do not count on it. Florida's after-crash duty statute does not apply to a fully autonomous vehicle with the system engaged if the owner promptly contacts law enforcement or the vehicle can alert law enforcement itself (Fla. Stat. § 316.062(5)).

In plain terms, there may be no one to step out and check on you. Call 911 yourself, then:

1. Get medical care. Early records tie your injuries to the crash.
2. Photograph the robotaxi. Company name, vehicle number, plate, damage, and where each vehicle stopped. Fleet cars look alike.
3. Save the trip record. Passengers should screenshot the receipt and ride ID.
4. Note who was inside. Empty, riders, or a company employee.
5. Get witnesses. Names, phone numbers, and any phone or dashcam video.
6. Demand the data in writing. Have a lawyer send a preservation letter. Our guide to getting robotaxi crash video and sensor data lists what to ask for.

Why does the robotaxi's data matter so much in Florida?

Because the car recorded the crash, the company controls the recording, and Florida offers only limited help if it disappears. No federal law gives a crash victim a right to an autonomous vehicle company's camera, lidar, or log data; injured people get it through preservation demands and court discovery. The Driver Privacy Act of 2015 makes event data recorder data the vehicle owner's property, retrievable by others only with consent, a court order, or narrow exceptions.

Florida does not recognize an independent first-party spoliation claim. Instead, when lost evidence hinders your ability to make your basic case, courts may apply a rebuttable presumption of negligence, and when evidence was destroyed intentionally, courts may impose sanctions and an adverse inference (Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005)). A preservation letter sent in the first days is worth more than any after-the-fact remedy.

How long do you have to file a robotaxi injury claim in Florida?

Two years for most negligence-based injury claims (Fla. Stat. § 95.11(5)(a)), under a 2023 change (HB 837) that applies to causes of action accruing after March 24, 2023. Wrongful death claims also have two years (§ 95.11(5)(e)).

Claims for intentional harms, such as battery, have four years (§ 95.11(3)(n)). Do not wait on the clock: the vehicle data may be gone long before the deadline.

Have robotaxis crashed in Florida?

We found no confirmed Florida robotaxi injury crash, fatality, or Florida-specific NHTSA investigation as of October 2026. Two Miami incidents drew attention.

• Miami-Dade, May 17, 2026. An unoccupied Waymo struck a condo gate arm. No one was hurt, according to NBC Miami.
• Miami Beach, July 2026. A viral claim said a Waymo hit a cyclist. It was wrong: police said a parked car making a U-turn hit the cyclist and its driver was cited, and the Waymo was stopped and made no contact, according to Axios Miami (July 15, 2026).

Video can clear a car as easily as it implicates one.

No outlet has published a Florida tally of NHTSA robotaxi crash reports by operator. Florida figures will be added after our first analysis of NHTSA's data. See our article on how many robotaxi crashes have been reported for the national numbers.

On safety overall, Waymo's own numbers are favorable: through June 2026, across 271.3 million rider-only miles, Waymo reports 82% fewer injury-causing crashes and 93% fewer pedestrian-injury crashes than human-driver benchmarks over the same miles (Waymo safety impact page, fetched October 10, 2026). Those are Waymo's own analyses. An independent IIHS study (July 2026) found 68% fewer police-reportable crashes per mile across four cities, according to secondary reports. Robotaxis still make mistakes: after Waymo vehicles passed stopped school buses, Waymo recalled the software on 3,067 vehicles in December 2025, according to NHTSA recall records.

Sources

• WSVN, January 22, 2026: the Waymo Miami launch.
• NBC Miami, May 13, 2026: the Waymo Miami expansion.
• ClickOrlando, April 15, 2026: Waymo in Orlando.
• Business Observer, September 1, 2026: Waymo in Tampa.
• Reuters, July 6, 2026: the Tesla Miami launch.
• Insurance Journal, July 24, 2026: Tesla in Orlando and Tampa.
• Reuters, August 2026: Zoox service.
• WLRN, March 25, 2026: Zoox testing in Miami.
• Hoodline, September 25, 2026: Lake Nona shuttles.
• NBC Miami, May 17, 2026: the Miami-Dade gate-arm incident.
• Axios Miami, July 15, 2026: the Miami Beach cyclist claim.
• Waymo Safety Impact, fetched October 10, 2026: Waymo's own safety figures.
• IIHS (July 2026), as reported by Recording Law: the independent safety comparison.
• NHTSA recall report 25E-084, December 10, 2025: the Waymo school-bus software recall.
• NHTSA, Standing General Order 2021-01 (Third Amended, effective June 16, 2025): crash reporting rules.
• Florida statutes: Fla. Stat. §§ 316.062(5), 316.85, 627.748, 627.749(2)(a), 768.0427, and 768.81(6); § 95.11(3)(n), (5)(a), and (5)(e).
• Florida spoliation standard: Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005).
• Federal EDR ownership rule: Driver Privacy Act of 2015.

Working with GB Law

Gianna Scatchell Basile is licensed to practice law in Illinois. GB Law does not represent clients in Texas or Florida. If you were hurt in a crash outside Illinois, we can help you find a lawyer licensed where it happened. If we refer your matter to another firm or work on it with one, we will tell you who that lawyer is and how any fee is divided before you sign anything, and you must agree to it in writing.

Questions people ask

Is Tesla's robotaxi in Florida driving with no one on board?

Tesla has not confirmed that. Its Miami service launched in July 2026, according to Reuters, and Orlando and Tampa were announced on July 21, 2026, according to Insurance Journal, but Tesla has not said whether Florida rides are supervised. If a Tesla is involved in a crash, note whether anyone from Tesla was in the car.

What if I was partly at fault for a Florida robotaxi crash?

You can still recover if you were not more than 50 percent at fault. Florida bars any recovery by a party "greater than 50 percent at fault for his or her own harm" (Fla. Stat. § 768.81(6)). Fault is often disputed, and the robotaxi's cameras can answer questions about speed, signals, and position. That cuts both ways, which is one more reason to get the recording preserved early.

Can a Florida city or county ban robotaxis?

Generally, no. Florida law says local governments may not impose requirements on autonomous vehicles, though airports and seaports may charge reasonable facility fees (Fla. Stat. § 316.85(6)). The rules for robotaxis come from the state, not from city hall or the county commission. That is why Florida's insurance and operator rules apply the same way in Miami, Orlando, and Tampa.

Can a robotaxi in Florida be driven remotely?

Yes. Florida law allows teleoperation of autonomous vehicles (Fla. Stat. § 316.85(5)). If a remote operator was involved when a crash happened, that person's actions and the company's oversight become part of the case. A preservation demand should ask specifically for remote-operator logs, communications, and video from the time of the crash.

Do robotaxi companies report Florida crashes to the government?

Yes, under NHTSA's Standing General Order 2021-01, a federal order. Operators must report crashes involving a fatality, a hospital-treated injury, a struck vulnerable road user such as a pedestrian or cyclist, an airbag deployment, or a tow-away within five calendar days, and other qualifying crashes by the 15th of the following month. Florida figures will be added after our first analysis of NHTSA's data.