Posted on 03/11/25
Rideshare services like Uber and Lyft have become commonplace among Buffalo residents and visitors. These companies offer a quick and convenient way to get rides to and from events where you may be drinking or have bad parking situations. However, when you have an accident that involves a driver for one of these services, the situation can be more complicated when determining who is at fault. If you are trying to recover damages for injuries after an accident like this, you need the support of an experienced Buffalo Uber and Lyft accident attorney, and at Towey Law PLLC, that’s what we offer.
Liability in a Buffalo Uber or Lyft Accident
Determining which driver caused the accident is often a more straightforward part of determining rideshare accident liability. Still, it may become complicated when it comes time for the insurance provider to take responsibility. In rideshare accidents, this complication is often due to multiple policies covering the rideshare company, the driver, who is likely an independent contractor, and the other parties of the accident.
Coverage can vary at different times based on the driver’s working status:
- When your app is off and you are using your car for personal trips, your insurance policy is in effect
- When the app is on and the drivers are ready to receive ride requests or in the middle of a ride, rideshare services like Lyft provide third-party auto liability.
- Lyft may provide first-party coverage in some states under specific situations. However, in many circumstances, you may discover neither policy wants to cover driver damages if they are at fault
If the Uber/Lyft driver is found at fault, the insurance companies have a huge opportunity to debate which is responsible for paying damages or if the accident is covered by their policy at all. Typically, the rideshare service will cover damages and injury to other parties, but you must cover your damages out of pocket.
Barriers to Compensation Recovery in Uber and Lyft Accidents
Collecting data as evidence is critical to determining liability in an Uber/Lyft accident, regardless of the circumstances. However, rideshare providers often have policies that make it difficult to gain access to data that may help the case. This is one of the many ways these cases can become challenging, and an attorney may be necessary to recover the compensation you need if the insurance companies are dragging their feet or denying liability.
Additionally, if you are unsure of the details of the driver’s status, you may not know if you should file the claim with the driver’s insurance or the rideshare agency. They will likely deny the claim if you attempt to file with the wrong one, which leaves you to determine whether you should appeal because they should be responsible or whether to restart the process with the other policy. These delays can waste valuable time due to the New York statute of limitations for car accidents.
If you are facing pushback or unfair offers, Towey Law PLLC offers free consultations to help you determine your options for recourse and recover the compensation necessary to get back to your life.