# Injured Uber driver not covered for auto accident on return trip



## Hugh G (Sep 22, 2016)

Wonder what would happen if this occurred in Australia ??

Anyone got a copy of the mysterious Australian UBER cover-all policy ??

__________________________________________________________________________________________

*Injured Uber driver not covered for auto accident on return trip*


Judy Greenwald 
August 22, 2019 
https://www.businessinsurance.com/a...-not-covered-for-auto-accident-on-return-trip











An Uber driver is not entitled to insurance coverage for injuries suffered in an accident that occurred after she dropped off a passenger, says a federal appeals court in affirming a lower court ruling.

In April, 2017, Bonni Genzer, a driver for San Francisco-based Uber Technologies Inc., accepted a fare and drove a passenger 139 miles from Will Rogers World Airport in Oklahoma City to Woodward, Oklahoma, according to Tuesday's ruling by the 10th U.S. Circuit Court of Appeals in Denver in _Bonni J. Genzer v. James River Insurance Co._

On her return journey, she was injured when an oncoming semitrailer truck ejected a semicircular metal object that crashed through her windshield and hit her face. The truck's driver continued traveling and was never identified, according to the ruling.

Richmond, Virginia-based James River had issued two insurance policies to an Uber affiliate: a "100 policy" that applies when an Uber driver is fulfilling requests for transportation services, and a "200 policy" that applies when Uber drivers are awaiting requests for transportation services.

After James River denied coverage for the accident, Ms. Genzer filed suit against James River for denial of uninsured motorist coverage under the 100 policy.

The U.S. District Court in Oklahoma City granted the insurer summary judgment dismissing the case, which was affirmed by a unanimous three-judge appeals court panel.

The 100 policy included a provision that coverage applied when traveling "to the final destination of the requested transportation services including, but not limited to, dropping-off of passenger(s)," said the ruling.

"Genzer asserts that this definition is susceptible to 'multiple constructions as to the point that terminates coverage,'" said the ruling. "But the definition creates no such ambiguity. It plainly defines coverage as being coterminous with a passenger's 'requested transportation services,' which conclude when the passenger reaches his or her 'final destination' and fully exits the vehicle with his or her belongings," said the ruling. "Though it contemplates intervening stops en route to that destination &#8230; *its coverage plainly ceases at the last passenger's destination."*

"Though we sympathize with Genzer's misfortune and injuries, this outcome is dictated by the covered-auto endorsement's plain terms," said the ruling, in affirming the lower court's decision.

Attorneys in the case were not immediately available for comment.

The National Labor Relations Board's office of general counsel issued an advisory memo in May that said Uber drivers are independent contractors and not employees.


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## NotanEmployee (Apr 20, 2019)

im so sorry that happened to you....the truck that lost cargo would cover it but since it cant be found its really a worse case scenario for you.

every uber driver should have rideshare insurance. most of ubers policies do NOT cover bodily injury to the driver. its basic liability and IF you have full coverage it will cover your car if a passenger is inside. some places have more coverage than that so read the UBER policy carefully...theres tons of risk for drivers. be prepared.


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## WestSydGuy (Jun 7, 2018)

In NSW Australia, CTP covers any personal injury, very different to America, thankfully.


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## O-Side Uber (Jul 26, 2017)

Two personal rules I’ve implemented since learning the ropes here:

1) don’t do long rides that will take you out of your city. They are never worth it. 

2) only use U/L insurance if a pax is in the car. Only mention rideshare if a pax was on the car. 

Don’t fall for the trick question that your insurance company asks . No pax in the car = you were out running errands ?


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## Hugh G (Sep 22, 2016)

WestSydGuy said:


> In NSW Australia, CTP covers any personal injury, very different to America, thankfully.


In some states in Australia, CTP (complusory third party) insures you against liability for any death or injury to *other* road users caused by *your* car, no matter who is driving.

In Queensland it is my understanding that it does not cover ME for injuries as a driver of my OWN car.

CTP appears to be diferent depending on the state, NSW has a good system: https://www.greenslips.com.au/at-fault-driver-cover.html

If this had occurred in parts of Australia then maybe the missing truck's insurance would cover the car drivers injuries, but as the truck could not be identified then I presume, like this instance, there would be no coverage for the UBER driver's injuries.


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## RoboRider (Aug 26, 2018)

Yet another argument for dashcam ...

In Australia Uber's policy covers you for injuries while you are on the way to pick up, during the journey and 15 minutes after you drop off but the cover is tightly defined.


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## Grumpy Old Man (Jul 7, 2018)

RoboRider said:


> Yet another argument for dashcam ...
> 
> In Australia Uber's policy covers you for injuries while you are on the way to pick up, during the journey and 15 minutes after you drop off but the cover is tightly defined.


Maybe it does, maybe it doesn't, but I for sure wouldn't be wiping my arse with any Uber insurance policy.....or anyone else's arse for that matter :roflmao:


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## Jack Malarkey (Jan 11, 2016)

Summary of Uber's personal accident policy with Chubb: https://image.et.uber.com/lib/fe961...al+Accident+Group+Policy+Coverage+Summary.pdf.


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## Hugh G (Sep 22, 2016)

from: https://image.et.uber.com/lib/fe961...al+Accident+Group+Policy+Coverage+Summary.pdf.

*Description of Cover*

Covered Person(s):All Delivery Partners and Driver Partners, as defined below.

Delivery Partner means an individual who provides delivery services at the request of a third party in connection with the Uber App by walking, riding a Bicycle or Motorcycle, or driving a Car.

Driver Partner means an individual who uses a Car to provide transportation services at the request of a third party in connection with the Uber App.

Covered Persons must meet the criteria set out under Scope of Cover below.
Scope of Cover:Cover under the Group Policy Wording either:

1. starts at the time a Delivery Partner accepts a delivery request and ends fifteen (15) minutes after the delivery of the order to the customer or cancellation of the order, whichever is earlier; or

2. starts at the time a Driver Partner accepts a transportation request and ends fifteen (15) minutes after the last passenger leaves the Car or the trip is cancelled, whichever is earlier.

There is no cover provided under the Group Policy Wording for the Covered Person at any other time, including between Uber deliveries or Uber transportation

*
*
So if I get a job from the airport with a destination 45 minutes into the hinterland, drop of the PAX and head back to civilisation for the last +30 minutes on my drive back I'm not covered ?

*
*


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## FrankWalker (Aug 19, 2019)

WestSydGuy said:


> In NSW Australia, CTP covers any personal injury, very different to America, thankfully.


Do we even need coverage in Australia? I thought all hospitals were free.


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## Who is John Galt? (Sep 28, 2016)

RoboRider said:


> Yet another argument for dashcam ...
> 
> In Australia Uber's policy covers you for injuries while you are on the way to pick up, during the journey and 15 minutes after you drop off but the cover is tightly defined.


Would you mind posting details of the tightly defined cover please? At least one member - @Scottie B maintains that the cover doesn't actually exist.

,


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## RoboRider (Aug 26, 2018)

Who is John Galt? said:


> Would you mind posting details of the tightly defined cover please? At least one member - @Scottie B maintains that the cover doesn't actually exist.
> 
> ,


See @Jack Malarkey and @Hugh G post above ...


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## Spursman (Dec 8, 2016)

FrankWalker said:


> Do we even need coverage in Australia? I thought all hospitals were free.


FFS Really???


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## DA08 (Mar 18, 2017)

FrankWalker said:


> Do we even need coverage in Australia? I thought all hospitals were free.





Spursman said:


> FFS Really???


If stupidity would hurt... I can't believe some people


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## Hugh G (Sep 22, 2016)

FrankWalker said:


> I thought all hospitals were free


Hopefully you are being cynical, either that or maybe you have had some recent Traumatic Brain Injury (TBI) which would explain this statement.

A clarification of either might satisfy the bewildered audience.


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## Kyanar (Dec 14, 2017)

Hugh G said:


> In some states in Australia, CTP (complusory third party) insures you against liability for any death or injury to *other* road users caused by *your* car, no matter who is driving.
> 
> In Queensland it is my understanding that it does not cover ME for injuries as a driver of my OWN car.


In cases where the other party is uninsured or unidentified, in Queensland the Nominal Defendant (a statutory fund) acts as the third party insurer for the at fault party. Additionally the NIIS covers serious injury rehabilitation regardless of fault (unless the at fault party dies, then... well, no cover for them!)


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## O-Side Uber (Jul 26, 2017)

O-Side Uber said:


> Two personal rules I've implemented since learning the ropes here:
> 
> 1) don't do long rides that will take you out of your city. They are never worth it.
> 
> ...


**After reading more posts on here, I'm switching insurance . Looking like Gieco is the popular choice. I'll be paying around the same as I do now and I'll be covered on the way to pick up PAX.


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## Kyanar (Dec 14, 2017)

O-Side Uber said:


> **After reading more posts on here, I'm switching insurance . Looking like Gieco is the popular choice. I'll be paying around the same as I do now and I'll be covered on the way to pick up PAX.


For the casual reader confused at this post in the Australian forum, Geico is not available in our country.


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## O-Side Uber (Jul 26, 2017)

I just signed up with Geico here in California . It’s going to be about $200 a month until February when a minor traffic scrape falls of my dmv it will drop to $140/month . They also said Lyft is giving an extra .25 per ride up to 1k a year to the lyft drivers ??

I’m now properly covered for the job and not committing insurance fraud ??

I feel good about this . I almost got seriously hit the other day on the way to get a pax. That would’ve sucked and my ins likely would not have paid. Thank you to those that took the time to explain what’s happening here!


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