Personal Injury Claims for Uber and Lyft Accidents: Navigating Complex Liability and Insurance Coverage Issues
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- Katrina Potter
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1 Presenting a live 90-minute webinar with interactive Q&A Personal Injury Claims for Uber and Lyft Accidents: Navigating Complex Liability and Insurance Coverage Issues WEDNESDAY, JUNE 20, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Jeanine D. Clark, Partner, Margolis Edelstein, Mount Laurel, N.J. Stan M. Doerrer, Law Office of Stan M. Doerrer, Alexandria,Va. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 1.
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3 Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you that you will receive immediately following the program. For additional information about continuing education, call us at ext. 2.
4 Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.
5 Personal Injury Clams Involving Rideshare Services Jeanine D. Clark, Esquire Margolis Edelstein Stan M. Doerrer, Esquire
6 Rental Cars Zip Cars Enterprise Uber Lyft Uber Eats, Grub Hub, emerging services Rideshare concepts. 6
7 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
8 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
9 Rental Service Driver Renter Passenger Member Third Parties The Parties 9
10 Contractual Relationship Between the Parties. Independent Contractors? Uber Partnership Agreement. EULA s, Joint Ventures. 10
11 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 (N.D. Cal. Sept. 1, 2015) Class action alleging misclassification of Uber drivers (Series of opinions) Razak v. Uber Techs., Inc., 2018 WL (E.D. Pa. April 11, 2018) Grants Def SJ Pl has not shown employer/employee relationship 11
12 Vicarious Liability: Acts Within Scope of Relationship Phillips v. Uber Techs., Inc U.S. Dist. LEXIS (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
13 Agency and Apparent Agency Cordero v. Christ Hospital, 403 N.J. Super. (App. Div. 2008). 13
14 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
15 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
16 Personal Auto Policy Commercial Auto Policy Hybrid, Gap and Specialized Policies Excess or Umbrella Driver Insurance Products 16
17 Limits When they apply Exceptions/Exclusions Rideshare Policies 17
18 App not on. App On no fare and en route sub limits. Personal auto exclusions for ride share. Gaps 18
19 Other and emerging coverage issues. Public Policy, UM, vary by state 19
20 Ancillary services Food Transportation Delivery of goods 20
21 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.
22 Product Liability Products, contractual relationship versus tort liability 22
23 Autonomous driving, delivery drones, and the technological horizon. 23
24 Questions? Please contact us directly; Our s are below. Jeanine D. Clark, Esquire Margolis Edelstein Stan M. Doerrer, Esquire 24
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Presenting a live 90-minute webinar with interactive Q&A Severance Plans and ERISA Compliance: Limiting Liability in Design and Implementation of Severance Arrangements TUESDAY, JUNE 12, 2018 1pm Eastern
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Presenting a live 90-minute webinar with interactive Q&A Protecting Trademarks Abroad: Madrid Directly in Foreign Jurisdiction THURSDAY, MARCH 29, 2018 1pm Eastern 12pm Central 11am Mountain 10am Pacific
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Presenting a live 90-minute webinar with interactive Q&A NING and DING Trusts in Estate Planning: Designing ING Trusts to Avoid State Income Tax and Protect Assets Effective Drafting of Incomplete Gift
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Presenting a live 90-minute webinar with interactive Q&A Bank Affiliate Transactions Under Scrutiny Complying With Regulation W's Complex Restrictions on Business Dealings with Affiliate Institutions TUESDAY,
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Presenting a live 90-minute webinar with interactive Q&A Telemedicine Agreements: FMV, Commercial Reasonableness Compliance in Compensation Arrangements WEDNESDAY, AUGUST 8, 2018 1pm Eastern 12pm Central
More informationStructuring Commercial Loan Documents to Protect Non-Affiliated Lenders
Presenting a live 90-minute webinar with interactive Q&A Structuring Commercial Loan Documents to Protect Non-Affiliated Lenders Negotiating and Drafting Provisions Involving Loan Buybacks, Additional
More informationUsing Partnership Flips to Finance Renewable Energy Projects: Evaluating Tax Risks, Navigating IRS Safe Harbors
Presenting a live 90-minute webinar with interactive Q&A Using Partnership Flips to Finance Renewable Energy Projects: Evaluating Tax Risks, Navigating IRS Safe Harbors THURSDAY, JULY 26, 2018 1pm Eastern
More informationStructuring Commercial Loan Term Sheets, Proposals and Commitment Letters: Key Terms for Lenders and Borrowers
Presenting a live 90-minute webinar with interactive Q&A Structuring Commercial Loan Term Sheets, Proposals and Commitment Letters: Key Terms for Lenders and Borrowers Avoiding Unintended Consequences
More informationDrafting Shareholder Agreements for Private Equity M&A Deals
Presenting a live 90-minute webinar with interactive Q&A Drafting Shareholder Agreements for Private Equity M&A Deals Structuring Provisions on Board Composition and Duties, Drag-Along, Tag-Along, Information
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