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Personal Injury Claims for Uber and Lyft
Accidents: Navigating Complex Liability and
Insurance Coverage Issues
Today’s faculty features:
1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific
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have any questions, please contact Customer Service at 1-800-926-7926 ext. 1.
WEDNESDAY, JUNE 20, 2018
Presenting a live 90-minute webinar with interactive Q&A
Jeanine D. Clark, Partner, Margolis Edelstein, Mount Laurel, N.J.
Stan M. Doerrer, Law Office of Stan M. Doerrer, Alexandria,Va.
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Personal Injury Clams
Involving Rideshare
Services
Jeanine D. Clark, Esquire Stan M. Doerrer, Esquire
Margolis Edelstein
jclark@margolisedelstein.com stan@doerrerlaw.com
Rental Cars
Zip Cars
Enterprise
Uber
Lyft
Uber Eats, Grub Hub, emerging
services
Rideshare concepts.
6
Services versus Products
How the Apps Work and what the Ride Share Services are Actually
Selling.
Software companies selling use of an APP (licensing) that links
service provider and client for a fee.
Technology Companies versus Transportation Services and Rental
The economy continues to be driven by technology aimed at
market disruption.
Partnerships with product manufacturers and other services
7
Quick tutorial on how it all
works
Electronic Dispatcher?
Traditional Dispatcher
Conflict between old and new….
Different types of services
Ancillary services
Product partnerships and additional PRP’s and coverage issues.
8
Rental Service
Driver
Renter
Passenger
Member
Third Parties
The Parties
9
Contractual Relationship
Between the Parties.
Independent Contractors?
Uber “Partnership Agreement.”
EULA’s, Joint Ventures. 10
Vicarious Liability: Employer-
Employee Relationship
Doe v. Uber Techs., Inc. 184 F. Supp. 3d 774 (N.D. Cal. May 4, 2016)
Sexual assault by Uber driver
This is MTD opinion allows respondeat superior claims to proceed
Case ultimately settled
O’Connor v. Uber Techs., 2015 U.S. Dist. LEXIS 116482 (N.D. Cal.
Sept. 1, 2015)
Class action alleging misclassification of Uber drivers (Series of
opinions)
Razak v. Uber Techs., Inc., 2018 WL 1744467 (E.D. Pa. April 11, 2018)
Grants Def SJ– Pl has not shown employer/employee relationship
11
Vicarious Liability: Acts Within
Scope of Relationship
Phillips v. Uber Techs., Inc. 2017 U.S. Dist. LEXIS 94979 (S.D.N.Y. June
14, 2017)
In NY, assault is outside the scope of relationship as a matter of law.
Search v. Uber Techs., Inc., 128 F. Supp. 3d 222 (D.D.C. September
10, 2015)
Denies Def MTD– employer/employee relationship; apparent agency
12
Agency and Apparent Agency
Cordero v. Christ Hospital, 403 N.J. Super. (App. Div. 2008).
13
Direct allegations of negligence
against the rideshare company.
Negligent Hiring, Entrustment and Training
Background Investigations
Driver Qualifications
Prior accidents and violations
Distracting Devices/Apps
14
App Off
App On, no client
App On, en route to client
App On, passenger getting in or out
App On, Passenger in vehicle.
Personal Insurance (Exclusions, Minimums?) >>>>>> Rideshare
Insurance ($1,000,000)
15
Personal Auto Policy
Commercial Auto Policy
Hybrid, Gap and Specialized
Policies
Excess or Umbrella
Driver Insurance Products
16
Limits
When they apply
Exceptions/Exclusions
Rideshare Policies
17
App not on. App On no fare
and en route sub limits.
Personal auto exclusions for
ride share.
Gaps
18
Other and emerging coverage
issues.
Public Policy,
UM,
vary by state
19
Ancillary services
Food
Transportation
Delivery of goods
20
Regulatory Issues
PUC registration may still need to be necessary for rideshare
services although not typically as rigorous as taxi cabs, etc. Lyft,
Inc., v. Pa. PUC, 145 A.3d 1235 (2015). PUC approval required to
operate at the Lyft, Inc. level and trip data is not proprietary.
Product Liability
Products, contractual relationship versus tort liability
22
Autonomous driving,
delivery drones, and the
technological horizon.
23
Questions?
Please contact us directly; Our emails are below.
24
Jeanine D. Clark, Esquire Stan M. Doerrer, Esquire
Margolis Edelstein
jclark@margolisedelstein.com stan@doerrerlaw.com
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