Personal Injury Claims for Uber and Lyft Accidents: Navigating Complex Liability and Insurance Coverage Issues

Transcription

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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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