# Georgia | Senate Passes HB 190 Requiring TNCs to Provide Primary Gap Insurance Coverage



## chi1cabby (May 28, 2014)

*Ga. Senate Clears Way for Continued Operation of Uber, Lyft*
*http://www.wctv.tv/home/headlines/G...-of-Uber-Lyft-298326241.html?device=phone&c=y*


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## chi1cabby (May 28, 2014)

*HB 190
Insurance; provide requirements for transportation network companies and their drivers;*
http://www.legis.ga.gov/Legislation/en-US/display/20152016/HB/190


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## chi1cabby (May 28, 2014)

Gap Insurance Requirements
(Lines 29 - 48)


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## Choochie (Jan 4, 2015)

Thanks for your due diligence. Hopefully the same thing will happen in MA in June. The primary insurance companies will need to step up to the plate or it won't matter right?


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## observer (Dec 11, 2014)

chi1cabby said:


> *Ga. Senate Clears Way for Continued Operation of Uber, Lyft*
> *http://www.wctv.tv/home/headlines/G...-of-Uber-Lyft-298326241.html?device=phone&c=y*


"Goes into effect after agreement between driver and passenger"?

Sounds like no coverage until passenger is picked up.


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## observer (Dec 11, 2014)

chi1cabby said:


> Gap Insurance Requirements
> (Lines 29 - 48)
> 
> View attachment 6374


Sooooo, if you are a passenger and killed, you are covered up to 1 million dollars.

If you are an 8 year old little girl walking on the street and killed, you are covered up to 50K.

????


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## Choochie (Jan 4, 2015)

Says when logged on as well


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## chi1cabby (May 28, 2014)

*'Uber' insurance bill gets final approval*
*http://m.ajc.com/news/news/state-re...ber-insurance-bill-gets-final-approval/nkk42/*


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## negeorgia (Feb 1, 2015)

Ignorance may be Bliss, but I got a funny feeling finding out how insurance works _after there is a need for it, won't be._


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## lu181 (Nov 3, 2014)

So when is uber pulling out???


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## chi1cabby (May 28, 2014)

*Georgia House bills 190 and 225 to regulate 'rideshare' services like Uber and Lyft*
*http://georgiastatesignal.com/georg...gulate-rideshare-services-like-uber-and-lyft/*


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## chi1cabby (May 28, 2014)

Forum member & UberDrivers Sub Reddit mod JoelQ is quoted in the above article:
*Suspicion of other financial motives*
Quinn said he believes there may be financial incentives behind the legislation process of HB 190 and 225.

"Attempts by representative Alan Powell to legislate this issue probably stem from his relationship with large taxi companies such as Checker Cab rather than a genuine concern for public safety," he said. "Why would his constituents even care about a service that they can't even use in their district? &#8230; The government wants more money, it's that simple."

However, Powell said Quinn is misinformed about the representatives prerogative, and he is creating an issue that doesn't exist.

"He's making the illusion that I did this because I am close to the taxi [companies] since they had made political contributions," he said.

Powell also said he receives sponsorship from various sources, none of which influence his decision making.

"The lobbyists of Uber and Lyft have also made contributions to my campaign in a fundraiser last year," he said. "I can assure you those campaign contributions had diddly-squat to do with what I did on these bills."

Quinn said Uber has yet to make their drivers aware of any tentative procedural changes that could from HB 190 and 225. He also said customers will not experience any falter in service.

"[Uber and Lyft] have both lowered their prices to a level in which hiking [fares] would allow the other competitor a price advantage," he said. "It's five bucks for a ride - fares are about as low as they can be."


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## chi1cabby (May 28, 2014)

I've posted above the Gap Insurance provisions of Georgia HB 190.

HB 225
http://www.legis.ga.gov/Legislation/en-US/display/20152016/HB/225

These are complete insurance requirements for TNCs in HB 225


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## DuberUber (Sep 12, 2014)

In Georgia a TNC vehicle will be required to carry commercial coverage with minimum liability limits of 50,000 per person, 100,000 per accident and 50,000 property damage.


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## chi1cabby (May 28, 2014)

DuberUber said:


> In Georgia a TNC vehicle will be required to carry commercial coverage with minimum liability limits of 50,000 per person, 100,000 per accident and 50,000 property damage.


Not true.
The insurance requirements for both bills have been posted above.


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## DuberUber (Sep 12, 2014)

I am overly familiar with both bills. How do you interpret the insurance requirement?


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## DuberUber (Sep 12, 2014)

http://www.legis.ga.gov/Legislation/20152016/153898.pdf

This is the latest version of Ga HB 190 as submitted to the Governor for signature on 4/9/15.


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## chi1cabby (May 28, 2014)

DuberUber said:


> How do you interpret the insurance requirement?





DuberUber said:


> http://www.legis.ga.gov/Legislation/20152016/153898.pdf
> 
> This is the latest version of Ga HB 190 as submitted to the Governor for signature on 4/9/15.


Yeah exactly the same as I've posted above. But it's Not what you said


DuberUber said:


> In Georgia a TNC vehicle will be required to carry commercial coverage with minimum liability limits of 50,000 per person, 100,000 per accident and 50,000 property damage.


*Edit: *HB 190 Insurance Requirements:
39 (b) A transportation network company shall maintain or cause to be maintained a primary
40 motor vehicle insurance policy that:
41 (1) Recognizes the driver as a transportation network company driver and explicitly
42 covers the driver's provision of transportation network company services as defined in
43 paragraph (5) of subsection (a) of this Code section;
44 (2) During the time period defined in subparagraph (a)(5)(A) of this Code section,
45 provides a minimum of $100,000.00 for bodily injuries to or death of all persons in any
46 one accident with a maximum of $50,000.00 for bodily injuries to or death of one person
47 and $50,000.00 for loss of or damage to property of others, excluding cargo, in any one
48 accident; and
49 (3) During the time period defined in subparagraph (a)(5)(B) of this Code section,
50 provides a minimum of $1 million for death, personal injury, and property damage per
51 occurrence and provides uninsured and underinsured motorist coverage of at least $1
52 million per incident.

And I've also highlighted the insurance requirements of HB 225.


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## DuberUber (Sep 12, 2014)

The insurance requirement for the TNC vehicle owner (driver) is in Ga HB 190. The insurance language in Ga HB 225 relates to the legal duty placed on the TNC(Uber/Lyft/etc) to make sure each vehicle operating through its network is in compliance with the insurance requirement as described in Ga HB 190.


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## chi1cabby (May 28, 2014)

The insurance requirement of *HB 190 IS NOT THE SAME* as what you posted above! And you claim to be "Overly Familiar" with 190?
Sheesh!!


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## Worcester Sauce (Aug 20, 2014)

negeorgia said:


> Ignorance may be Bliss, but I got a funny feeling finding out how insurance works _after there is a need for it, won't be._


...I'm with you


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## DuberUber (Sep 12, 2014)

chi1cabby said:


> The insurance requirement of *HB 190 IS NOT THE SAME* as what you posted above! And you claim to be "Overly Familiar" with 190?
> Sheesh!!


Ok I think I get it. At first I was confused at your defensive comment but now I see you are just posting random news stories and legislature documents about this topic but not really looking for discussion.


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## chi1cabby (May 28, 2014)

DuberUber said:


> Ok I think I get it. At first I was confused at your defensive comment but now I see you are just posting random news stories and legislature documents about this topic but not really looking for discussion.


Dude what's the matter with you?
You made a post on HB 225's Insurance requirement


DuberUber said:


> In Georgia a TNC vehicle will be required to carry commercial coverage with minimum liability limits of 50,000 per person, 100,000 per accident and 50,000 property damage.


I pointed out to you that your post wasn't correct.
Then you posted a link to the bill. I'd already posted that link in the thread above you.
Then I quoted you the final Bill language on Insurance requirements.
And now you're saying that I'm *"just posting random news stories and legislature documents about this topic",* when in fact all my posts are directly On Topic!
There really isn't anything to be discussed between us...


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## chi1cabby (May 28, 2014)

DuberUber I think you're confusing the language on Gap Insurance Requirements (The title of this thread) as being All the insurance requirements of HB 225. The insurance for the "Active Ride" phase is still $1 million. 
Another point is that Gap Insurance requirement isn't "commercial insurance" but it is "primary" & provides coverage for TNC driving during the Gap Period. It can be purchased by Drivers individually, or be purchased by the TNC, or combination of the two.


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## DuberUber (Sep 12, 2014)

LAndreas said:


> You claim to be "overly familiar with both bills", but don't state why that would be so.
> It would look like you have egg on your face given that you quite apparently got something quite simple quite wrong.
> 
> Mind disclosing what it might be that makes you an "expert"?
> ...


There are no carriers in Georgia at present who will endorse a personal policy to cover TNC activity therefore commercial coverage is required (even now a commercial policy would be required if a TNC driver wants to be assured of proper coverage in the event of an accident). Georgia legislators negotiated hard with Uber reps regarding the insurance requirements and they were finally able to "make a deal" on the either/or in so far as Uber hopes to convince insurance companies to come up with an endorsement to personal policies before 1/1/16. Lots of things can happen but in Georgia, IMO, a commercial policy will be required.


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## chi1cabby (May 28, 2014)

DuberUber said:


> There are no carriers in Georgia at present who will endorse a personal policy to cover TNC activity therefore commercial coverage is required


134 SECTION 2.
135 This Act shall become effective on January 1, 2016.


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## DuberUber (Sep 12, 2014)

chi1cabby said:


> DuberUber I think you're confusing the language on Gap Insurance Requirements (The title of this thread) as being All the insurance requirements of HB 225. The insurance for the "Active Ride" phase is still $1 million.
> Another point is that Gap Insurance requirement isn't "commercial insurance" but it is "primary" & provides coverage for TNC driving during the Gap Period. It can be purchased by Drivers individually, or be purchased by the TNC, or combination of the two.


I'm sorry but I do not see any reference to "gap insurance" in this law. I am not confused about it. The TNC vehicle owner will have to provide evidence of a first dollar (primary)commercial grade liability policy when the app goes on and no way Uber is going to fit the bill ( unless of course they also go into the insurance business and start selling policies - but the driver pays one way or another).


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## chi1cabby (May 28, 2014)

DuberUber said:


> I'm sorry but I do not see any reference to "gap insurance" in this law.


This is the *"Gap Period"*:
30 (A) The period of time a driver is logged on to the transportation network company's
31 digital network and available to accept a ride request until the driver is logged off,
32 except for that time period described in subparagraph (B) of this paragraph;

This is the *"Active Ride Period":*
33 (B) The period of time a driver accepts a ride request on the transportation network
34 company's digital network until the driver completes the transaction or the ride is
35 complete, whichever is later.



DuberUber said:


> The TNC vehicle owner will have to provide evidence of a first dollar (primary)commercial grade liability policy when the app goes on and no way Uber is going to fit the bill ( unless of course they also go into the insurance business and start selling policies - but the driver pays one way or another).


Please stop worrying about it. 
The insurance language of 225 is standard for many new States' Bills that have Primary Gap Insurance requirement. This bill language was reached in a compromise between TNCs & Insurance Cos.
*Uber | Insurance Aligned
*
In States like Colorado where hybrid insurance with Primary Gap Insurance coverage is being offered, it's costing drivers additional ~$20/month.


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## Michael - Cleveland (Jan 1, 2015)

I don't see anything in the bill that requires insurers to honor personal policies of drivers who use their vehicles for rideshare/commercial purposes. What's to prevent the insurer from denying a rideshare claim on a personal policy? - Or worse, canceling the policy due to fraud in the application (not disclosing commercial use/rideshare activities) or just not honoring the policy for that same reason?


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## chi1cabby (May 28, 2014)

Michael - Cleveland said:


> What's to prevent the insurer from denying a rideshare claim on a personal policy? - Or worse, canceling the policy due to fraud in the application (not disclosing commercial use/rideshare activities) or just not honoring the policy for that same reason?


The Bill contains the Model TNC Bill Insurance Language that's been agreed to by the TNCs & Insurers:
*Uber | Insurance Aligned*

The Gap Insurance coverage is Primary, and Active Ride coverage is Primary too.

I am not sure about Collison Damage coverage for Drivers during the Gap Period.


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## Michael - Cleveland (Jan 1, 2015)

That collision provision is what is of primary concern to drivers.
The legislatures are out to protect the consumers... and the Uber driver agreement says:

8.3 You understand and acknowledge that your personal
automobile insurance policy may not afford liability,
comprehensive, collision, medical payments, personal
injury protection, uninsured motorist, underinsured
motorist, or other coverage for the Transportation
Services you provide pursuant to this Agreement. If
you have any questions or concerns about the scope or
applicability of your own insurance coverage, it is
your responsibility, not Company's, to resolve them
with your insurer(s).

8.4 Company may maintain during the term of this
Agreement insurance related to your provision of
Transportation Services as determined by Company
in its reasonable discretion, provided that Company
and its Affiliates are not required to provide you
with any specific insurance coverage for any loss to
you or your Vehicle.​
Comforting, eh?

THERE IS NOBODY REPRESENTING THE INTERESTS OF DRIVERS.


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## Michael - Cleveland (Jan 1, 2015)

DuberUber said:


> Lots of things can happen but in Georgia, IMO, a commercial policy will be required.


The insurance products that will cover TNC drivers do not, for the most part, exist today.
But they will tomorrow.

Insurance companies are scrambling in two directions at once:
On the one hand, to make sure they pay no claim from anyone who is driving rideshare without prior knowledge and coverage of the insurer -
And on the other hand, to create new products they can sell through personal lines channels for rideshare coverage.

The new products will differ in traditional commercial policies as they will be based on the time and mileage logs available from the TNCs - so they can be accurately priced based on the risk assessment (which will vary wildly by each individual drivers location, driving history, insurance history, etc.). Rates will be driven entirely by huge computer models that crunch enormous amounts of data on an ongoing basis.

Eventually, (hopefully sooner rather than later) underwriters will know exactly what to charge a 37 year old woman who drives 250 rideshare miles/wk in Peoria, IL and what to charge a 4o year old man who drives 50 rideshare hours/wk in Miami.

State legislators, having given up the fight to the behemoth TNCs, will have no choice but to force the state Insurance Regulators to approve these new products because it is the legislators who are leaving the drivers completely uncovered and exposed to liability.

I suspect the cost of these products (for 40+ hours of driving) will end up being extremely similar to that of a current private commercial livery policy. But they should allow the casual rideshare driver to benefit from full protection for part-time work with 'part-time' rates - much like Metro-Mile is offering.

Welcome to the 21st century.
(returning crystal ball to the shelf)


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## JoelQ (Sep 5, 2014)

As many of you are probably aware, I am Joel Quinn and I am the driver quoted in this article. Thanks for the shout out, chi1cabby. I stand by everything I said and Powell's response to my comments are laughable. He is obviously in the pocket of Checker Cab. I think that's pretty clear from anyone who has taken an objective look at this issue.


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## chi1cabby (May 28, 2014)

JoelQ said:


> I stand by everything I said and Powell's response to my comments are laughable. He is obviously in the pocket of Checker Cab. I think that's pretty clear from anyone who has taken an objective look at this issue.


What is required in HB 190 that leads you to think that Rep. Powell is in the pocket of Checker Cab? 
I didn't see any objections being raised by Uber to this Bill...usually Uber is crying bloody murder if it doesn't like the provisions of a legislation.


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## Emdottie (Apr 29, 2015)

Thanks for providing all this information. I'm moving back to Atlanta and I was considering joining Uber and Lyft until I found something full time. Looks like I won't be with either for very long...


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## JimS (Aug 18, 2015)

Someone please enlighten me a bit more in layman's terms. I currently have a personal liability policy of $100K/person, $300K max, and $50k property. 

What do I need? Will asking my insurer screw me, or should I get a supplemental policy?


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## Michael - Cleveland (Jan 1, 2015)

You are covered for LIABILITY by Uber's insurance. 
Your risk lies in COLLISION coverage.
Before talking to your current insurance company, you may want to investigate if they or other insurance companies serving your state offer policies that cover rideshare. If your current company does not cover you when your vehicle is used for any type of commercial or rideshare use, (and you are engaged in that activity) then you are at risk of losing your coverage - or having a claim denied.


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## JimS (Aug 18, 2015)

Reply from a request for quote from Allstate:



> If you use the vehicle as an Uber in anyway no matter how little the percentage of annual use Allstate will not do it on a Private Passenger Auto policy. We will be happy to get you a rate on a commercial policy .


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## Papa (May 14, 2015)

chi1cabby said:


> I've posted above the Gap Insurance provisions of Georgia HB 190.
> 
> HB 225
> http://www.legis.ga.gov/Legislation/en-US/display/20152016/HB/225
> ...


The goal was to get legislation on the books. Look for amendments in the near future. The battles are just beginning. Amendments are simpler actions than initial legislation.


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