Drivers who participate in transportation networking companies (TNC) may have a significant gap in coverage. Some insurance carriers are taking the position that the TNC driver is engaged in a commercial service any time they are logged into a ridesharing app and just looking for a passenger. Under such circumstances, if the driver is involved in an accident with another car or pedestrian and depending upon the language of the policy, the insurance carrier can take the position that the accident is not covered. If the driver’s personal insurance does not cover the accident, then the injury victim must look to their own uninsured motorist insurance or that of the company i.e, Uber, Lyft, Sidecar, etc.
Unfortunately, many individuals do not have uninsured motorist coverage. Or, if they do have coverage, the limits are often very low and inadequate to ensure full compensation for significant injuries and losses. As for the pursuing the transportation networking companies, their insurance may not apply since the driver was not actually transporting a passenger but instead was merely logged into the app and looking for passengers. Coverage will turn on the terms of their policy.
As we have mentioned in prior posts here, here and here, there are many issues to be worked out with respect to this new means of transportation. The Legislature will likely resolve some of the issues via regulations for these services. Other issues will have to work their way through the court system.
If you or a loved one has been injured in a car accident either as a driver, passenger or pedestrian, we may be able to help you recover compensation for your injuries. Contact one of our award-winning lawyers for a free, no-obligation consultation. We handle all injury cases on a contingency basis so we only get paid if we recover money for you. Call us at 615-742-4880 or toll-free at 866-812-8787.