Buffalo Uber Lyft Accident Lawyers

You are in an accident involving Uber or Lyft. What do you do? Lyft and Uber came to Buffalo on June 9, 2017. It has not been long that these rideshare options have been available in Buffalo, so there is no surprise that there is confusion following an accident.

If you are an Uber driver, following an accident you should report it to Uber through their application. You can also call their hotline at 800-353-8237.

If you are a Lyft driver, you should also report what happened through the application to begin the entire process.

There are many different scenarios that may occur:

1) You are the Uber driver hurt in an accident;

2) You are an Uber passenger hurt in an accident;

3) You are a different vehicle hurt by an Uber driver;

4) You are the Lyft driver hurt in an accident;

5) You are a Lyft passenger hurt in an accident; or

6) You are a different vehicle hurt by a Lyft driver.

We have experience working with these companies and their insurance carriers to resolve accident claims. Understanding how insurance works can be tricky and frustrating. We know how to handle all the different scenarios for accidents involving rideshare apps. Our Buffalo Uber/Lyft Accident Lawyers will help. Not only can we explain how insurance plays a role in paying for your treatment and lost wages, we can also explain which insurance(s) we will go after for your settlement.

Insurance coverage for both ridesharing applications changes based on many different factors. Primarily, your uber or lyft trip is broken down into four periods of time for drivers. When you are actively "working" for Uber/Lyft, you are covered by insurance in the case of an accident.

When you are offline from work, your personal No-Fault insurance would cover an accident. Our Uber/Lyft attorneys in Buffalo can contact your insurance carrier directly to get more information about your policy and explain how it plays a role in your case. Both companies require that to be a driver, you have personal insurance coverage that meets the New York State minimum requirement. In New York State, the minimum amount of insurance required is:

1) $25,000 for bodily injury to one person; and

2) $50,000 for bodily injury to all persons.

Uber's liability insurance for New York State used to be through the carrier James River Insurance. Effective June 29, 2018 it is now through Allstate Insurance Company. Lyft's liability insurance for New York State is through the carrier Greenwich Independent Insurance. Our efficient attorneys in Buffalo specializing in Uber/Lyft accidents will take care of dealing with these insurance carriers so you do not have to.

If you are the driver and you are injured by someone else, your medical costs and lost wages will be paid through the Black Car Fund (BCF). The BCF is the Workers' Compensation Insurance Provider for both Uber and Lyft. The Black Car Fund is funded by a surcharge that passengers must pay in each trip. It is not explicity listed during the ride but is factored into the total ride fare. Settlement from your case would come from:

1) The negligent drivers' insurance company; and/or

2) Supplemental coverage from your own policy.

If you are a passenger injured by the negligence by someone who is not the driver, your settlement would come from the at-fault party's liability insurance. Your medical bills and lost wages would be paid through a combination of:

1) Uber's No-Fault Insurance Policy, which will pay up to $50,000 per accident;

2) Lyft's No-Fault Insurance Policy, which will pay up to $_____ per accident; and/or

3) Your personal No-Fault Policy.

If you are a passenger injured by the negligence of an Uber/Lyft driver, your settlement would come from Uber/Lyft's Liability insurance policy. Your medical bills and lost wages would be paid through a combination of:

1) Uber's No-Fault Insurance Policy, which will pay up to $50,000 per accident;

2) Lyft's No-Fault Insurance Policy, which will pay up to $_____ per accident; and/or

3) Your personal No-Fault Policy.

If you are another driver injured by the negligence of a Uber/Lyft driver, your medical bills and lost wages will be paid through your own personal insurance coverage. Your case's settlement would come from:

1) Uber/Lyft's liability insurance policy; and/or

2) Supplemental coverage from your own policy.

It is always best to discuss the specifics of you case with our Buffalo Uber/Lyft Accident Lawyers so that we can determine the correct insurance carrier for your recovery. Uber and Lyft have policies in place in case an accident happens and we will make sure to take advantage of the policy.

There has been a lot of debate over the classification of Uber drivers. Both Lyft and Uber classify their drivers as both "independent contractors" and "driver-partners" and not as "employees". This has a significant implications on litigation. As an employee, you are protected under employment laws and labor standards. The Division of Labor Standards enforce the New York State Labor laws governing:

1) Minimum wage;

2) Hours of work;

3) Payment of wages;

4) Overtime; and

5) More.

When the classification changes to "independent contractors", these standards are no longer required to be met. Black's Law Dictionary defines an independent contractor as "the person who is asked to perform an action or job who maintains the control over the job." Essentially, because as an Uber/Lyft driver you can deny or accept rides, they maintain control over your job actions. The attractiveness of ridesharing applications is the flexibility in working. You can work or not work as much as you please, with as many breaks as you would like, so this definition does seem to stick.

When drivers are classified as a "partners", it is because the "technology company" of Uber or Lyft are providing "business opportunities" for anyone who would like to sign up. The Entrepreneur Encyclopedia explains that in a partnership, the business is owned and operated by several individuals. One partner owns the business and assumes liability, but there are partners who operate as investors in the business.

The confusion over classification has caused conflict in the Court system. Some argue that because both Lyft and Uber control ride fare and work performance through ratings and reviews, they act as an employer. Lower Courts in New York concluded in June of 2017 that Uber should be classified as an "employer" because they supervise and control their drivers' performance. The argument over technical language is important to determining whether or not drivers are entitled to Workers' Compensation and unemployment benefits, which may be applicable to your case. Call our office for a free consultation and our expert Uber/Lyft accident lawyers in Buffalo will discuss the specifics of your case and how this may apply.

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