Personal Injury Claims for Uber and Lyft

Accidents: Navigating Complex Liability and

Insurance Coverage Issues

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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

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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

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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