Hurt in an Uber in Buffalo, New York

Jed Dietrich, Esq., Is a Recognized Super Lawyer Committed to Protecting the Rights of Uber Accident Victims Across the Buffalo-Niagara Falls Region. If You or a Loved One Has Been Hurt in an Uber, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

Uber makes booking a ride as easy as turning on your phone, opening an application, and pressing a button. It is a convenient way to travel if you do not have your own car, and it is often the only safe way home after a night out with friends. No matter the reason for your trip, you should not have to second-guess your own safety.

Unfortunately, accidents sometimes happen, and when they do, the consequences can be life-altering.

If you have been hurt in an Uber, getting help is not always easy. Serious injuries can take a toll, both on your body and on your bank account. Even if you have good health insurance, the cost of co-pays and deductibles can add up quickly, potentially leaving little left over. Suing the driver may be an option, but it might not be your best one, either.

For more than 30 years, the Dietrich Law Firm P.C. has fought to protect the rights of car accident victims in and around Buffalo. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Please send us a message online or call Jed Dietrich, Esq., today at 716-839-3939 to speak to an Uber accident lawyer and find out how much your case could be worth.

New York is a no-fault state.

Under New York’s no-fault insurance law, passengers are typically eligible for compensation if they are injured in a collision. No-fault benefits provide limited relief for medical expenses and wage reimbursement, but they are subject to stringent policy limitations, too. If you have sustained serious injuries, you may need more money than insurance can provide.

Even though New York is a no-fault state, passengers who have sustained serious injuries can sometimes sue for additional damages. The potential defendants in an Uber injury lawsuit could include, but are not limited to, the following:

1. The Uber driver;
2. The rideshare company;
3. Another motorist; and
4. Any combination thereof.

Holding Uber directly liable for an accident could be challenging.

Uber has, for instance, spent years claiming that it is not a transportation service but, instead, a platform that connects riders with registered drivers. These drivers are not employees; they are independent contractors who use their own cars and set their own schedules. Uber still has certain responsibilities when it comes to performing background checks and setting safety policies, but it is not typically liable for the negligent actions of its contractors, even when such negligence ends in an accident.

This does not mean that you do not have options for compensation. Even if you cannot sue Uber, you may be entitled to significant relief through its legally-mandated liability coverage.

You do not have to be driving to obtain no-fault benefits.

New York’s no-fault law makes personal injury protection a mandatory part of all policies. Personal injury protection, or PIP, can help compensate certain economic losses, including medical expenses and lost income from work. Most Uber drivers are required by law to carry PIP on their personal policies. These benefits cover the driver and extend to passengers, too.

No-fault benefits are, however, limited in scope and will only cover approved expenses up to a point. Once you reach the policy’s threshold, you are on your own.

However, if you sustained serious injuries, you may be entitled to sue.

A personal injury lawsuit is a legal action that seeks compensation from the person or party whose negligence caused your injuries. Personal injury lawsuits provide a wider range of damages than no-fault insurance, but they require a higher standard of evidence, too.

In order to win a personal injury lawsuit, you must typically establish that:

1. The defendant owed you a duty of care;
2. The defendant breached their duty of care by acting negligently;
3. The defendant’s negligence was the direct cause of your injuries; and
4. You sustained damages as a result of your accident.

In Uber accident claims, personal injury lawsuits are usually filed against an at-fault driver.

You may be able to sue Uber directly if you can prove that its negligence played a role in the crash. Uber could be found negligent if it hired a driver who had failed a background check or had a history of serious safety-related complaints.

Your personal injury lawyer will help you identify the right defendants for your lawsuit and determine whether Uber could be held directly liable for your accident.

Uber is required by state law to maintain liability coverage, which protects passengers in the event of a serious accident. New York law defines three separate “periods” for rideshare insurance, during which different liability limits are in effect:

1. Period 0. Period 0 is for personal use or when the Uber application is switched off. Uber does not provide any liability protection during Period 0.
2. Period 1. Period 1 begins when the driver logs into the Uber application and is waiting to accept a ride request, but has not yet matched with a passenger. During Period 1, Uber’s commercial liability is activated. Period 1 coverage provides up to $75,000 for the bodily injury or death of one person, $150,000 for the bodily injury or death of two or more people per accident, and $25,000 for property damage.
3. Periods 2 & 3. Periods 2 and 3 cover the time between an accepted pick-up request and drop-off. During both periods, Uber is required to provide full commercial liability benefits. This policy can provide up to $1.2 million for bodily injury, death, and property damage. It serves as a form of primary coverage and provides compensation for medical expenses, long-term care, and pain and suffering.

If you were a passenger, obtaining insurance benefits should be as simple as showing that you were in your Uber driver’s car during an active trip. In practice, negotiating a fair settlement can be much more difficult. Insurance companies are profit-oriented, and they will often do everything in their power to minimize their own financial liability.

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes personal injury claims. If you have been hurt in an Uber accident, our attorneys could help you:

1. Investigate the causes of your crash;
2. Assess your damages, taking account of the money you need now and the resources you will require moving forward;
3. Identify the right defendants for your lawsuit;
4. Explore your eligibility for no-fault benefits and Uber’s commercial liability coverage; and
5. Represent your best interests, whether in negotiations with the insurance company or at trial.

Since our founding in 2005, we have helped our clients in and around Buffalo secure more than $300 million in damages. We could help you, too. Please send us a message online or call Jed Dietrich, Esq., today at 716-839-3939 to speak to an Uber injury lawyer in Buffalo and schedule your 100% free, no-obligation consultation.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!