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August 30, 2016 @ 10:18 AM

Uber Pool – A Dangerous Product?

You may have seen Uber’s new feature called Uber Pool. Basically a rider agrees to ride with total strangers in exchange for a reduced fare (sometimes drastically reduced). 
While this gives the riders the obvious advantage of a lower fare- it presents significant legal issues between the riders. 
We have interviewed many Uber drivers about this situation and nearly every single driver dislikes Pool. Furthermore, several of the drivers we interviewed had SPECIFIC stories of young girls being matched with older men- to the point where these drivers felt extremely uncomfortable. 
Have you been involved in a troubling Uber Pool situation? 
If you or someone you know has an experience regarding Uber Pool we want to speak to you to investigate the safety of this product. 
Sibley Law is a personal injury law firm with headquarters in Hollywood Florida and satellite offices located across Miami Dade and Broward. 
Sibley law currently represents many Uber drivers and passengers who have been injured while on the South Florida roads. 
Call or message our law firm 24/7 to receive an immediate response. Consultations are always 100% free and we only get paid if we recover money for our clients. 

Contact us now for more information.

July 15, 2015 @ 7:59 AM

Uber and Lyft — Are They Really “Illegal” ?

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Uber and Lyft are not necessarily illegal.  However the use of Uber and Lyft by a driver may violate certain local city or municipal laws and ordinances.  Confused?  Read on…..

 

Transportation network companies (the term that has emerged to define these companies), such as Uber and Lyft, which are each valued well over a billion dollars, began to take public notice around 2012.

 

For those of you unfamiliar with Uber and Lyft, the web generated mobile app allows users to request a transportation vehicle (often a local resident driving a personal car) to their current location. The Uber/Lyft driver responds to the request, immediately aware of the passenger’s location based from the GPS on their phone . The convenient (and often lower cost ride than a cab fare) driver transports the mobile app user, charges their credit card, and Lyft (not Uber though) allows the user to add a tip using the app on their mobile phone or tablet.

 

It’s not surprising that Uber and Lyft are facing opposition from local cab and limousine companies. Often regulated by county ordinances, cabs and limousine companies are requesting Uber and Lyft be held to the same local ordinance requirements.

 

Broward County’s SunSentinel reported that “Uber considers itself a technology company, and so taxi laws shouldn’t apply.” Broward isn’t the only county issuing citations to Uber, Miami-Dade and Palm Beach counties have also cited Uber drivers for failing follow county regulations.  [Update – Broward has now added certain rules and Uber has announced it will shut down the service in Broward County on August 1, 2015]

 

Transportation network companies are not the first technological advancement to cause a ripple and confusion in the law. The rise of technology and particularly the Internet has challenged several facets of the law, for example, courts have been increasingly challenged in implementation of privacy laws since the advent on the Internet.

 

However, just because the legislature and judges are unsure how to handle technological advancements doesn’t make them per se illegal.

 

Uber and Lyft have both responded to citations by paying fines for their drivers (they are really doing a good job of protecting their drivers on this – first hand knowledge).  Uber and Lyft are also lobbying heavily for State legislation to adopt a modern regulatory framework. If adopted, such legislation is likely to allow Uber and Lyft along with other transportation network companies to continue business (although they will certainly have to make some compromises – such as paying local taxes or fees). T

 

Uber and Lyft are not illegal from the point of view of the rider.  Uber and Lyft may constitute a violation of an ordinance when used by the driver, but in most jurisdictions it is not a violation for which you can be arrested.  Uber and Lyft drivers who rely on these platforms for a substantial portion of their earnings should absolutely stay up to date and follow the relevant blogs or social media accounts.  A good one to follow is @ridesharedash or www.ridesharedashboard.com

 

Sibley Law strongly encourages safe driving.  Please do not drink and drive.  Please do not text and drive.  Uber and Lyft are ridiculously cheap, most rides around town are less than 20$ and many are under 10$ for destinations nearby.  The minimum is only 4$.  Less than the cost of 1 drink.   Please be smart and responsible.

 

[Update- the city of Key West has passed an ordinance that driving for Uber and Lyft is a second degree misdemeanor.  Just two days ago, they made the first arrest for a man who picked up undercover police officers at the airport]

 

 

 

June 29, 2015 @ 8:43 AM

Employee, 1099, OR……..

Is an Uber Driver an Employee?
Right now, nobody really knows the answer. One California court says yes, but their higher court will now take a look ( = appeal).

 

 

The legal landscape for classifying workers as employees or 1099 workers is getting very murky. The decision by a California court last week deciding that Uber drivers are employees is up for appeal and soon will likely make its way all the way to the Supreme Court.

 

 

This article posted by TechCrunch, the leading tech news site, shows just popular the topic is. The classification as either employee or 1099 has massive implications for lawyers working on cases involving Uber accidents. Sibley Law will be covering and posting information about this hot topic as it evolves.

 

 
Sibley Law currently represents Uber drivers and passengers involved in accidents. If you or a family member have been involved in an Uber crash, contact us for an immediate digital consultation.

 

 

 

http://techcrunch.com/2015/06/28/uber-ruling-is-a-harbinger-of-the-need-for-employment-law-change/

May 20, 2015 @ 4:10 PM

Understanding Uber Insurance

Everyone knows about Uber these days and almost everyone seems to be a huge fan.  When it works well its amazing, cheap, fast, and just really darn easy.  But problems arise when things like an accident happen.  Car insurance and medical treatment are annoying and complicated no matter what the circumstances are, but with Uber, things get even worse.
Uber has the following graphic on its blog:
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Uber breaks down the different phases or “periods” an Uber driver enters throughout the cycle. As you can see from the graphic, the phases are labeled.
“Not Available”
“App On And Waiting For A Trip Request”
“Trip Accepted to Completion”
Each of these three phases will trigger different types of insurance for the Uber driver.  In some phases, only the Uber driver’s personal policy will provide coverage.  In some phases, both the Uber commercial policy and the driver’s personal policy will provide coverage.  In some phases, it is possible that only the Uber commercial policy will provide coverage.
Sibley Law is currently representing individuals who have been injured in Uber cars and is investigating how Uber is handling these situations.  Stay tuned for more info!
April 20, 2015 @ 4:16 PM

Thou Shall Respond!

We all hear the horror stories about dealing with big companies’ customer service departments, but this happens all the time in professional service industries as well.  Almost everyone has hired a professional service provider with a horrible response time.  It’s just awful.

 

And when the person is your lawyer, it makes matters so much worse.  Your lawyer is supposed to be the one person in the world who looks out for your best interest, and they can’t even respond to an email or a phone call.

 

From my general experience, the lack of response from a service professional is very telling and quite transparent.  It means they do not believe they are fulfilling their obligations to you as a client, so they delay communications in an attempt to “catch-up” on your work.  This creates a revolving cycle of destructive behavior which degrades the quality of the work and the relationship.

 

I have recently experienced this situation from multiple perspectives.  First, I had to fire a service provider who couldn’t respond to a yes or no question via email for days on end.  Second, I had a new personal injury client contact me for representation because her then-current attorney had never called her back for a month! [when I visited his website, I found out that he practices “exclusively collections law”….. sure you do].

 

One thing I have learned from my practice and owning a business is that you must deal with problems head-on, and the quicker the better.  If you’ve hired a service provider in any industry, and they don’t respond to you adequately, confront them asap. If they don’t remedy the situation, you may want to consider other options.  In most cases, if you fire a service provider within the first few months, you wont lose much ground.  If you wait 6 months – 1 year, you may find yourself forced to stick with them to the end of the project,  and i’ll bet you wont like the results.

 

At my firm, I don’t tolerate delays or excuses.  If I cant deliver for a client for any reason, Ill just tell them why I can’t deliver.  People respect honesty with so much force that even if I lose the client, they wind up referring me more business in the future.

 

Regardless of which side you are on, bite the bullet, respond to your clients, or fire your service provider.   You’ll be happy you did so, I promise.

 

 

 

 

April 16, 2015 @ 8:05 PM

Red light camera tickets get the red light from Florida Supreme Court

Today the Florida Supreme Court rejected the City of Hollywood’s appeal to reconsider a red light camera ticket ruling.

 

A court in West Palm Beach had previously ruled that the city of Hollywood relied too much on private companies in the ticketing process and therefore the tickets were invalid.
Because no other appellate courts have yet ruled on this issue, the West Palm Beach decision holds considerable weight.

 

Now, each city that uses the camera statewide will be forced to evaluate whether or not their system has a chance of holding up under the criteria and analysis used in the West Palm Beach decision.

 

Additionally, there is pending litigation in both state and federal courts throughout Florida where people are seeking a refund for fines paid as a result of red light camera tickets.

 

 

April 15, 2015 @ 8:38 PM

Personal Injury Attorney Experiences [I want to hear from YOU]

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As you may know, I am an attorney  in Miami Florida and my practice is dedicated to representing people who have been injured by another person, persons, or businesses.  [personal injury law]

 

I am interested in speaking to people who have had a personal injury case in the past and hired an attorney to represent them.  [Actually if you settled a personal injury case without an attorney I am also very interested in speaking to you about that experience].

 

Obviously, being involved in a personal injury case generally stinks, but I want to know what aspects of the process specifically stick out in your mind as bad, good, or somewhere in between.

 

I’m working on several new ways to more efficiently and passionately represent those that have been injured.  I would really like to hear from anyone, no matter how small, or big, your case was.

 

Our discussions will be 100% confidential unless you indicate otherwise.  I am just trying to understand how to better serve you!

 

You can message me directly on facebook or twitter or of course email me directly at info@sibley-law.com

-Brent

November 18, 2014 @ 1:03 PM

Charlie Crist stops by to say hello

Gubernatorial candidate stopped by my office on the campaign trail recently.  Its too bad he lost, but in the end Rick Scott just had to much cash to burn in the last 4 days of the election.  Was nice of him to stop by nonetheless! Good effort sir!

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@ 8:44 AM

My Youtube channel

Alrighty folks my youtube channel is up and ready for views!

My channel will be a mix of video blogs and fun + informative interviews & brainstorms with interesting people. I hope you enjoy it.

April 12, 2014 @ 11:45 AM

On my own!

Hey everyone, this is a super short blog post just to get the momentum going.  I mostly want to make sure everything is working and get the kinks out.  I’m thinking about doing some video blog as well as writing.

 

I’ve been working really hard lately to get my own law firm setup after my split up from my old partner.  Luckily, we did everything very amicably and we are now both set up for success.

I hope you like the new website!