MarchReport-toFlip - page 7

the driver and the company says
otherwise.
The 13-page bill sets minimum levels
of commercial auto insurance drivers
must carry:
• In phase one, the period when the
rideshare app is on and the driver
has not yet received a request for
a ride, the ridesharing company,
driver, or a combination of the two,
is required to obtain coverage with
minimum liability limits of:
• $50,000 of coverage for bodily
injury liability per person;
• $100,000 of coverage for bodily
injury liability per accident; and
• $25,000 for property damage.
• In phases two and three, when the
driver has a rider in the car or has
accepted a request for a ride via the
app, the minimum liability limits
increase to $1,000,000 because of
bodily injury or death of one or more
persons, or injury to property of oth-
ers in any one accident.
• In all three phases, the ridesharing
company’s coverage is primary and
does not require a personal auto in-
surer to deny a claim before coverage
is available.
While the insured driver would
have a duty to cooperate with his or her
own insurer’s investigation involving an
insurance claim, this in turn raises the
question of whether a similar duty would
apply to the third-party ridesharing
company. California answered this ques-
tion in the affirmative in their statute.
Likewise, Ohio’s statute states as follows:
In a claims coverage investigation,
a transportation network company
and any insurer providing automo-
bile insurance shall cooperate to
facilitate the exchange of relevant
information with directly interested
parties and any personal insurer of
the transportation network com-
pany driver, if applicable.
Conclusion
Ridesharing companies like Uber
and Lyft are here to stay. In 2015, Uber
rides increased by 400% and Lyft rides
increased by 700%. For the first time,
Uber passed car rentals as business
travelers’ top mode of transportation for
getting around town. This is a constantly
evolving industry and regulations will
continue to grow and change.
Ridesharing litigation will be sure to
follow in the Buckeye State. In December
2015, an Uber passenger in Columbus
was pulled under the rear wheel of an
SUV while entering the vehicle and died
as a result. In September 2015, a woman
was also allegedly assaulted by an Uber
driver here in Cincinnati.
Be sure to stay updated on the lat-
est news, including the important new
House bill 237, which will drastically
change the way Uber and Lyft operate
here in Cincinnati and throughout Ohio.
Smith is a sixth-year associate attorney in the
Cincinnati, Ohio office of Smith Rolfes & Skavdahl
Company LPA, who concentrates his practice in the
areas of construction law, insurance defense, and
bad faith litigation defense. Smith has extensive
experience in state and federal court handling complex
civil litigation matters. He is also the co-host of
BearcatsSportsRadio.com and an avid UC Bearcats
follower.
March 2016 CBA REPORT
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