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What you do is make sure they have coverage besides their personal auto insurance. Because otherwise you don’t need to highlight they were driving for a ride share unless you want to lose coverage.
Thank you, would you mind elaborating? We used Uber so we would like to put the blame on the big pockets. Any sample questions you’ve used in the past?
Keep in mind that there are different tiers to coverage for ride share… if the driver got into an accident looking for a ride, on it’s way to pick up a passenger, or with a passenger in the vehicle.
If liability is clear and the Uber driver was not at fault, Uber is only going to come in for coverage if the claim is underinsured. If the at fault driver has a 100/300 policy and your client’s damages aren’t excessive then there is no reason for Uber to be in. I’ve allowed a dismissal of Uber in cases like this (as representing an at fault driver’s carrier) and we all agreed to carve out in the stip that the plaintiff was permitted to pursue a UIM claim in the event damages exceeded policy limits
Are you trying to keep the ride share company in as a co-defendant or are you simply dealing with the driver? If it’s just driver, I’d focus on the distraction of running the app or chatting with a rider when driving, driving faster in order to make more money from more rides, etc. But if you’re trying to keep the rideshare company in, focus on the agency relationship the driver has with the company, the control they exert over drivers and that sort of thing.
Thank you
Off the cuff - I'd ask about their lack of training, how long they've lived in the area, where they keep their phone during the drive, and other distractions while driving.