# Insurance Requirements | Virginia TNC Law



## chi1cabby

*https://legiscan.com/VA/text/HB1662/id/1112813/Virginia-2015-HB1662-Enrolled.html
*
_*§46.2-2099.51. TNC insurance until January 1, 2016.*_

_A. Until January 1, 2016, at all times during the operation of a TNC partner vehicle, a transportation network company or TNC partner shall keep in force TNC insurance as provided in this section._

_B. The following requirements shall apply to TNC insurance from the moment a TNC partner accepts a prearranged ride request on a transportation network company's digital platform until the TNC partner completes the transaction on the digital platform or until the prearranged ride is complete, whichever is later:_

_1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and the minimum amount of liability coverage for death, bodily injury, and property damage shall be $1 million._

_2. TNC insurance shall provide uninsured motorist coverage and underinsured motorist coverage. Such coverage shall apply from the moment a passenger enters a TNC partner vehicle until the passenger exits the vehicle. The minimum amount of uninsured motorist coverage and underinsured motorist coverage for death, bodily injury, and property damage shall be $1 million._

_3. The requirements of this subsection may be satisfied by any of the following:_

_a. TNC insurance maintained by a TNC partner;_

_b. TNC insurance maintained by a transportation network company; or_

_c. Any combination of subdivisions a and b._

_A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner under subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner._

_4. Insurers providing insurance coverage under this subsection shall have the exclusive duty to defend any liability claim, including any claim against a TNC partner, arising from an accident occurring within the time periods specified in this subsection. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall have the duty to defend or indemnify the TNC partner's activities in connection with the transportation network company, unless the policy expressly provides otherwise for the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage._

_5. Coverage under a TNC insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim._

_6. Nothing in this subsection shall be construed to require a personal automobile insurance policy to provide primary or excess coverage. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall provide any coverage to the TNC partner, the vehicle owner, or any third party, unless the policy expressly provides for that coverage during the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage._

_C. The following requirements shall apply to TNC insurance (i) from the moment a TNC partner logs on to a transportation network company's associated digital platform until the TNC partner accepts a request to transport a passenger and (ii) from the moment the TNC partner completes the transaction on the digital platform or the prearranged ride is complete, whichever is later, until the TNC partner either accepts another prearranged ride request on the digital platform or logs off the digital platform:_
*(Gap Insurance Requirements)*
_*1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be secondary and shall provide liability coverage of at least $125,000 per person and $250,000 per incident for death and bodily injury and at least $50,000 for property damage.*_

_2. The requirements for the coverage required by this subsection may be satisfied by any of the following:_

_a. TNC insurance maintained by a TNC partner;_

_b. TNC insurance maintained by a transportation network company that provides coverage in the event that a TNC partner's insurance policy under subdivision a has ceased to exist or has been canceled or in the event that the TNC partner does not otherwise maintain TNC insurance; or_

_c. Any combination of subdivisions a and b._

_A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner pursuant to subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner and is specifically written to cover the TNC partner's use of a vehicle in connection with a transportation network company's digital platform._

_3. If the TNC partner vehicle is insured under a personal automobile insurance policy that does not exclude coverage, then such policy shall provide primary coverage and an insurance policy maintained by the transportation network company under subdivision 2 c shall provide excess coverage up to at least the limits required by subdivision 1._

_D. In the event that the digital platform becomes inaccessible due to failure or malfunction while a TNC partner is en route to or transporting a passenger during a prearranged ride described in subsection B, TNC insurance coverage shall be presumed to be that required in subdivision B 1 until the passenger exits the vehicle._

_E. In every instance where TNC insurance maintained by a TNC partner to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim._

_F. This section shall not limit the liability of a transportation network company arising out of an accident involving a TNC partner in any action for damages against a transportation network company for an amount above the required insurance coverage._

_G. Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a TNC partner vehicle driven by a TNC partner in connection with a transportation network company and who provides the transportation network company with the date, approximate time, and location of the accident, and if available the name of the TNC partner and if available the accident report, may request in writing from the transportation network company information relating to the insurance coverage and the company providing the coverage. The transportation network company shall respond electronically or in writing within 30 days. The transportation network company's response shall contain the following information: (i) whether, at the approximate time of the accident, the TNC partner was logged into the transportation network company's digital platform and, if so logged in, whether a trip request had been accepted or a passenger was in the TNC partner vehicle; (ii) the name of the insurance carrier providing primary coverage; and (iii) the identity and last known address of the TNC partner._

_H. No contract, receipt, rule, or regulation shall exempt any transportation network company from the liability that would exist had no contract been made or entered into, and no such contract, receipt, rule, or regulation for exemption from liability for injury or loss occasioned by the neglect or misconduct of such transportation network company shall be valid. The liability referred to in this subsection shall mean the liability imposed by law upon a transportation network company for any loss, damage, or injury to passengers in its custody and care as a transportation network company._

_I. Any insurance required by this section may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in §38.2-4805.2._

_J. Any insurance policy required by this section shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period such vehicle is being operated as a TNC partner vehicle._

_K. The Department shall not issue the certificate of fitness required under §46.2-2099.45 to any transportation network company that has not certified to the Department that every TNC partner vehicle it has authorized to operate on its digital platform is covered by an insurance policy that meets the requirements of this section._

_L. Each transportation network company shall keep on file with the Department proof of an insurance policy maintained by the transportation network company in accordance with this section. Such proof shall be in a form acceptable to the Commissioner. A record of the policy shall remain in the files of the Department six months after the certificate is suspended or revoked for any cause._

_M. The Department may suspend a certificate if the certificate holder fails to comply with the requirements of this section. Any person whose certificate has been suspended pursuant to this subsection may request a hearing as provided in subsection D of §46.2-2011.26._

_N. In a claims coverage investigation, a transportation network company and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the dates and times of any accident involving a TNC partner and the precise times that the TNC partner logged in and was logged out of the transportation network company's digital platform._


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## chi1cabby

_*§46.2-2099.52. TNC insurance.*_

_*A. On and after January 1, 2016,* at all times during the operation of a TNC partner vehicle, a transportation network company or TNC partner shall keep in force TNC insurance as provided in this section._

_B. The following requirements shall apply to TNC insurance from the moment a TNC partner accepts a prearranged ride request on a transportation network company's digital platform until the TNC partner completes the transaction on the digital platform or until the prearranged ride is complete, whichever is later:_

_1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and the minimum amount of liability coverage for death, bodily injury, and property damage shall be $1 million._

_2. TNC insurance shall provide uninsured motorist coverage and underinsured motorist coverage. Such coverage shall apply from the moment a passenger enters a TNC partner vehicle until the passenger exits the vehicle. The minimum amount of uninsured motorist coverage and underinsured motorist coverage for death, bodily injury, and property damage shall be $1 million._

_3. The requirements of this subsection may be satisfied by any of the following:_

_a. TNC insurance maintained by a TNC partner;_

_b. TNC insurance maintained by a transportation network company; or_

_c. Any combination of subdivisions a and b._

_A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner under subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner._

_4. Insurers providing insurance coverage under this subsection shall have the exclusive duty to defend any liability claim, including any claim against a TNC partner, arising from an accident occurring within the time periods specified in this subsection. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall have the duty to defend or indemnify the TNC partner's activities in connection with the transportation network company, unless the policy expressly provides otherwise for the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage._

_5. Coverage under a TNC insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim, nor shall a personal automobile insurance policy be required to first deny a claim._

_6. Nothing in this subsection shall be construed to require a personal automobile insurance policy to provide primary or excess coverage. Neither the TNC partner's nor the vehicle owner's personal automobile insurance policy shall provide any coverage to the TNC partner, the vehicle owner, or any third party, unless the policy expressly provides for that coverage during the period of time to which this subsection is applicable or the policy contains an amendment or endorsement to provide that coverage._

_C. The following requirements shall apply to TNC insurance (i) from the moment a TNC partner logs on to a transportation network company's associated digital platform until the TNC partner accepts a request to transport a passenger and (ii) from the moment the TNC partner completes the transaction on the digital platform or the prearranged ride is complete, whichever is later, until the TNC partner either accepts another prearranged ride request on the digital platform or logs off the digital platform:_

*(Gap Insurance Requirements)*
_*1. TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and shall provide liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and at least $25,000 for property damage.*_

_2. The requirements for the coverage required by this subsection may be satisfied by any of the following:_

_a. TNC insurance maintained by a TNC partner;_

_b. TNC insurance maintained by a transportation network company that provides coverage in the event that a TNC partner's insurance policy under subdivision a has ceased to exist or has been canceled or in the event that the TNC partner does not otherwise maintain TNC insurance; or_

_c. Any combination of subdivisions a and b._

_A transportation network company may meet its obligations under this subsection through a policy obtained by a TNC partner pursuant to subdivision a or c only if the transportation network company verifies that the policy is maintained by the TNC partner and is specifically written to cover the TNC partner's use of a vehicle in connection with a transportation network company's digital platform._

_D. In the event that the digital platform becomes inaccessible due to failure or malfunction while a TNC partner is en route to or transporting a passenger during a prearranged ride described in subsection B, TNC insurance coverage shall be presumed to be that required in subdivision B 1 until the passenger exits the vehicle._

_E. In every instance where TNC insurance maintained by a TNC partner to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim._

_F. This section shall not limit the liability of a transportation network company arising out of an accident involving a TNC partner in any action for damages against a transportation network company for an amount above the required insurance coverage._

_G. Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a TNC partner vehicle driven by a TNC partner in connection with a transportation network company and who provides the transportation network company with the date, approximate time, and location of the accident, and if available the name of the TNC partner and if available the accident report, may request in writing from the transportation network company information relating to the insurance coverage and the company providing the coverage. The transportation network company shall respond electronically or in writing within 30 days. The transportation network company's response shall contain the following information: (i) whether, at the approximate time of the accident, the TNC partner was logged into the transportation network company's digital platform and, if so logged in, whether a trip request had been accepted or a passenger was in the TNC partner vehicle; (ii) the name of the insurance carrier providing primary coverage; and (iii) the identity and last known address of the TNC partner._

_H. No contract, receipt, rule, or regulation shall exempt any transportation network company from the liability that would exist had no contract been made or entered into, and no such contract, receipt, rule, or regulation for exemption from liability for injury or loss occasioned by the neglect or misconduct of such transportation network company shall be valid. The liability referred to in this subsection shall mean the liability imposed by law upon a transportation network company for any loss, damage, or injury to passengers in its custody and care as a transportation network company._

_I. Any insurance required by this section may be placed with an insurer that has been admitted in Virginia or with an insurer providing surplus lines insurance as defined in §38.2-4805.2._

_J. Any insurance policy required by this section shall satisfy the financial responsibility requirement for a motor vehicle under § 46.2-706 during the period such vehicle is being operated as a TNC partner vehicle._

_K. The Department shall not issue the certificate of fitness required under §46.2-2099.45 to any transportation network company that has not certified to the Department that every TNC partner vehicle it has authorized to operate on its digital platform is covered by an insurance policy that meets the requirements of this section._

_L. Each transportation network company shall keep on file with the Department proof of an insurance policy maintained by the transportation network company in accordance with this section. Such proof shall be in a form acceptable to the Commissioner. A record of the policy shall remain in the files of the Department six months after the certificate is revoked or suspended for any cause._

_M. The Department may suspend a certificate if the certificate holder fails to comply with the requirements of this section. Any person whose certificate has been suspended pursuant to this subsection may request a hearing as provided in subsection D of §46.2-2011.26._

_N. In a claims coverage investigation, a transportation network company and its insurer shall cooperate with insurers involved in the claims coverage investigation to facilitate the exchange of information, including the dates and times of any accident involving a TNC partner and the precise times that the TNC partner logged in and was logged out of the transportation network company's digital platform._


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## chi1cabby

*DMV Registration, Decals etc Requirements:

http://www.smartsafeandsober.org/news/2015-06-03_DMV_TNCs.php*


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## Bart McCoy

chi1cabby can you explain this?

"_*TNC insurance shall provide motor vehicle liability coverage. Such coverage shall be primary and shall provide liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and at least $25,000 for property damage."
*_

that is if you can, I know you're not a VIRGINA driver
gap means coverage when app on no pax right?
so does this mean personal insurance is "okay", or minimum of hybrid insurance needed?


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## Ubermanpt

I can find anywhere where it says if it applies to any vehicle regardless of pick up or drop off or just drop offs. Did anyone see? Could be not addressed and will be a question mark going forward , that would be interesting


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## chi1cabby

The law goes into effect July 1st, 2015. Period 1, or "App On, No Active Ride" phase, also known as the Gap Period, requirements from July 1st to end of the year are Secondary Insurance Coverage only. So primary coverage will be through the Drivers personal car insurance. This is highlighted in Post #1 of the thread.

After Jan 1, 2016, the coverage required during the Gap Period will have to be Primary. Either Drivers will have to buy this coverage through a hybrid insurance policy, or purchase the coverage through a Rideshare rider to their Personal Car Insurance. This is highlighted in Post #2 of the thread.


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## chi1cabby

Ubermanpt said:


> I can find anywhere where it says if it applies to any vehicle regardless of pick up or drop off or just drop offs.


Only the Decal requirements are different for out of state vehicles. You'll have to contact the DMV or get an answer from Uber on the insurance requirements for out of state drivers in regards to drop-offs only and/or pickups.
Phone # for DMV is in Post #3.


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## UberFish

Here is a link to the VA DMV TNC brochure.

Hopr it helps.

http://www.dmv.virginia.gov/webdoc/pdf/dmv278.pdf


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## Bart McCoy

UberFish said:


> Here is a link to the VA DMV TNC brochure.
> 
> Hopr it helps.
> 
> http://www.dmv.virginia.gov/webdoc/pdf/dmv278.pdf


in relation to does it apply to out of state that will just do drop offs....... it doesnt


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## Another Uber Driver

As I am reading this, the TNC can provide the Gap Coverage. I get this out of C2b, where it states "in the event that coverage is not maintained by the TNC Partner.". In fact, the TNC is responsible for having in place a policy to cover the gap, whether or not the "Partner" has a policy. To be sure, Uber could require its drivers to purchase such a policy in order to receive Virginia requests, but as yet, I have had no communication from Uber that it intends to require my purchase of such a policy.

One thing does raise a question. The legislation requires that the TNC maintain a policy to cover losses from its " 
" Partners' " at-fault collisions. D.C. has similar rules. As Uber has worked out its problems with Maryland only with respect to Uber Black, I will omit Maryland, for now. Neither this legislation, nor the D.C. rules require that this insurance company be "admitted". For the uninitiate, and "admitted" insurance company is one authorised to do business in a given state. In order to be admitted, among other things, an insurance company must be certified by the Regulatory Authorities as meeting certain requirements. Everything that I have heard about Uber's carrier is that it is not only not "admitted" in either D.C. or Virginia, but that it may not be "admitted" anywhere in the United States. I have heard that it is offshore. I do not know this to be fact; it is only hearsay at this point. It may be a "captive" insurance company, but again, I do not know for sure. We do have one "captive" insurance company here that insures taxis. There were supposed to be some new regulations in D.C. governing "captive" insurance companies, but they never did take effect. Funny, when I received my Virginia Broker's Licence, there was no requirement to learn about "captive" insurance companies. For the uninitiate, a "captive" insurance company is one whose policy holders belong to a "special group". This is an oversimplifiction, to be sure, but it gives you an idea.

At any rate, one of the requirements to be admitted in both D.C. and Virginia is membership in an Insurance Guaranty Association. The purpose of these things is to make sure that if an insurance company goes bankrupt, ceases operations, or stops paying, people who have claims still can be paid. What happens is that the Insurance Regulatory Authority assings to each member of the Guaranty Association a percentage of the defunct company's claims based on the amount of business done within the given Regulatory Authority's jurisdiction. I have been through such a situation as an Official of a Taxicab insurance company. What was then the D.C. Commission on Insurance and Securities Regulation declared another insurer severely impaired and took the firm away from its ownership/management. CISR summoned Officials of all of the surviving insurance companies to their offices and explained what was going to happen. CISR assigned several cases to my company.

Non-admitted companies do not belong to the Guaranty Association. If the TNC does not pay the premiums, goes bankrupt, if the insurance company goes bankrupt, out of business or simply decides not to pay, there is no safety net. If the occurence was in D.C., it will fall back on the driver or possibly the owner of the vehicle. If said driver or owner does not satisfy the claim, the Court will suspend the driver's licence of the driver or owner. In addition, the Registry of Motor Vehicles for D.C. will require that th e driver or owner purchase an SR-22 as a condition of re-instatement. In addition to licence suspension, those of you who have fungible assets could see them attached to satisfy a claim.

If the company is indeed, offshore, it is out of the reach of any authority in the United States. If the company is somewhere in the United States, there might be some recourse, although I am sure that resolution will take time. By the time there is any resolution, D.C., at least, will have imposed the sanctions and the courts will have siezed, or at least started to seize, fungible assets.

_This ain't no pretty piccher.........._


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## chi1cabby

Hi Jeneane Desilets, welcome to the forum.
I'm sorry, but you are spamming the forum by repeatedly posting this in other threads.
Please start a thread on your survey, and delete these other posts.
Thank you!


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## chi1cabby

Jeneane Desilets said:


> Sorry! I already have but its difficult getting real genuine responses.


It will take some time, but drivers will respond back over time.


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## DHJ

chi1cabby said:


> *DMV Registration, Decals etc Requirements:
> 
> http://www.smartsafeandsober.org/news/2015-06-03_DMV_TNCs.php*


Excerpt:

_When reporting a crash involving a TNC vehicle, please note the following in the "Crash Description" section on the Virginia State Crash Report (FR300): *the company for which the partner is operating and the name of the TNC insurance provider and the policy number.* Officers should continue to report the partner's* personal insurance information* in the "Vehicle" section of the form._
_
So much for that "I'm not telling anyone my personal insurance information" on numerous Virginia threads. *Yes... you will. *
_
I've posted all that I'm going to post about this topic. The Virginia DMV site is very thorough with all the rules for TNC drivers. The idiots who refuse to comply can face the criminal and civil penalties that are coming. Virginia has made the TNC business legal. It's up to adult drivers to comply. No excuses.


_


_


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## UberFish

Does any VA driver currently have hybrid insurance? If so, what company and rates?

Is this going to be required starting July 1?

Thanks,

Marc


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## Emp9

isnt ubers insurance the primary insurance when on a ride? uber sent me an email that they will register for me in va and i need not do anything more.


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## chi1cabby

Emp9 said:


> isnt ubers insurance the primary insurance when on a ride?


During the 'Active Ride' period, 
Uber's Liability Insurance is Primary.
The collision coverage is Contingent on a Driver having collision coverage in his/her personal car coverage. The collision coverage has been reported as being Primary or Secondary by Drivers in different markets.

It's always the Liability coverage during the 'App On, No Active Ride' period that's the biggest concern. Right now this coverage is Secondary & Contingent to Drivers' personal car insurance. Hence the 'Gap Insurance' catch 22.


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## Another Uber Driver

I am glad that, finally, I got my taxi to-day after all this time. Until someone straightens out this mess, I will run one UberX trip every so often. Other than that it is Uber Taxi for me.


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## DHJ

UberFish said:


> Does any VA driver currently have hybrid insurance? If so, what company and rates?
> 
> Is this going to be required starting July 1?
> 
> Thanks,
> 
> Marc


Hi Marc:
*Technically*, as of today, there is no such thing as a "Hybrid" policy in Virginia. This is a label used in other states, but Virginia *doesn't* use it. What many of us have is called informally "Rideshare" insurance. The only company that I am aware that is offering policies today in VA (as well as MD) is GEICO Commercial Rideshare. This is NOT GEICO Personal auto, which is a different division of the company. If GEICO Personal finds out your are driving for Uber or Lyft, you WILL be dropped. I moved from GEICO Personal to GEICO Commercial Rideshare. You can get a quote online. Don't ask what it costs, the quote is specific to the driver, it is not a general % increase over personal. You can get a quote at https://www.geico.com/getaquote/ridesharing/ I have no connection to GEICO, just trying to help other drivers out.

What you face is a GAP in coverage if you are driving for Uber or Lyft on your personal. You may care, you may not. Uber's policy is basically to protect your *passengers*, not you, not your car, in the event of an accident. (This has been written about to death on uberpeople.net, not going to rehash it here). Nothing special is required on July 1st, but it is quite possible your insurance company may be notified by the change in your registration as a TNC driver on July 1st. There are state insurance requirements by law, that are focused on the TNC companies. One benefit to GEICO Commercial Rideshare in VA, is that they are your point of contact and cover you with app on, app off, with passengers, without passengers, driving to work, commuting, personal, TNC, etc. as well as other members of your household driving your car. It totally replaces your personal policy. It totally eliminates the "gap".

There are other insurance companies who have announced they are coming to VA with rideshare coverage, ALLSTATE is one off the top of my head. You need to proactively research this online. Like I posted above, if you ever has an insurance issue with your car with Uber or Lyft, the police WILL report your personal insurance on the crash incident report. There is no avoiding your personal insurance finding out you drive for a TNC.

You can register your car for TNC at dmvnow.com .

Read this: http://www.dmv.state.va.us/webdoc/pdf/dmv278.pdf

If you want to know the gritty details for the TNC themselves in VA: http://www.dmv.state.va.us/webdoc/pdf/dmv277.pdf

Hope this helps. I have no agenda, just helping you out. Those with an agenda will probably go to great links to dispute what I wrote.


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## Emp9

anyone gotten the tnc stickers yet? since uber is suppose to register va car owners automatically.


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## DHJ

Emp9 said:


> anyone gotten the tnc stickers yet? since uber is suppose to register va car owners automatically.


Yes. It is a YEAR sticker for the front and back plates in yellow and black. There is a new Virginia car registration with "TNC Use" in tiny print on the left side of it. I registered my car myself, but it should be the exact same process if Uber does it for you, DMV is just mailing it out.


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## Emp9

DHJ said:


> Yes. It is a YEAR sticker for the front and back plates in yellow and black. There is a new Virginia car registration with "TNC Use" in tiny print on the left side of it. I registered my car myself, but it should be the exact same process if Uber does it for you, DMV is just mailing it out.


 thanks , i was mostly wondering if anyone got it yet from ubers doing. i am worried they will botch it up and leave me for a few weeks blocked from VA. also i wanted to opt out of one car that i have on file, but the csr just copy and paste and i dont think they car or understand.


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## williamhcarlton

I started the process of getting the background check verification, etc, submitted my vehicle info and other documents about a week ago. Have heard nothing except a few days ago from the agency doing the check, indicating that they were conducting the review.

HOWEVER, in the mail today I received the TNC decals. Still, I have not received contact from Uber one way or another and the partner app is not activated as yet, so who knows.


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