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Personal Injury Claims for Uber and Lyft
Accidents: Navigating Complex Liability and
Insurance Coverage Issues
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have any questions, please contact Customer Service at 1-800-926-7926 ext. 1.
TUESDAY, MAY 28, 2019
Presenting a live 90-minute webinar with interactive Q&A
Jeanine D. Clark, Partner, Margolis Edelstein, Mount Laurel, N.J.
Stan M. Doerrer, Owner, 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
Rental Cars
Zip Cars, Car2Go,
Enterprise
Uber, Lyft, Via
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., 2019 U.S. Dist. LEXIS 54608 (N.D. Cal. March 19, 2019)
Alleging misclassification of Uber drivers (Series of opinions);
Class action certified on behalf of California and Mass drivers for whom there is no agreement to arbitrate-- for monetary damages and other relief;
Razak v. Uber Techs., Inc., 2018 WL 1744467 (E.D. Pa. April 11, 2018)
Grants Def SJ– Pl has not shown employer/employee relationship
Other cases pending nationwide!
Lousiana, Pennsylvania, where else?
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 (Exclusions, Limits)
15
Uber info, available athttps://www.uber.com/drive/insurance/ (May 2019)
Pip/Medpay—
Yes, if required by state
State by state basis
Exclusion:
Uberblack, Ubersuv, UberTaxi
Professional drivers; they have their local/state requirements covering them directly.
Goes through the commercial policy that is in place. 16
Lyft info, available athttps://help.lyft.com/hc/en-us/articles/115013080548-
Insurance-Policy (May 2019)
Period 1
“Contingent Liability” protects you if your personal coverage doesn’t.
Period 2
If driver has commercial policy, this may be additional coverage
UIM varies by state;
Pip/Medpay—
Varies by state17
Personal Auto Policy
Commercial Auto Policy
Hybrid, Gap and Specialized
Policies
Excess or Umbrella
Driver Insurance Products
18
Limits
When they apply
Exceptions/Exclusions
Rideshare Policies
19
App not on. App On no fare
and en route sub limits.
Personal auto exclusions for
ride share.
Gaps
20
Like all auto cases–investigate investigate investigate!
Factual investigation
Insurance Coverage investigation
Driver’s Lost wages--Medical providers should mention Lyft/Uber
Common carrier Liability?
21
Other and emerging coverage
issues.
Public Policy,
UM,
vary by state
22
Ancillary services
Food
Transportation
Delivery of goods
23
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.
24
Product Liability
Products, contractual relationship versus tort liability
25
Autonomous driving,
delivery drones, and the
technological horizon.
26
Disruption to the Market
Disrupters
27
Wage issues and Strikes
Crime and Bad Press
Falling Profits
Greener Alternatives?
28
Questions?
Please contact us directly; Our emails are below.
29
Jeanine D. Clark, Esquire Stan M. Doerrer, Esquire
Margolis Edelstein
