# Car totaled, not at fault, doing Uber with pax in car. I have gap insurance, but they won't pay.



## ThreeSeventyFive (Mar 5, 2017)

So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber. 
Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
They told me to go online. I checked online, now it seems they have updated my contract by placing rideshare/commercial vehicle usage into it that now will end up negating my contract.

Again, is it possible to sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?


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## LAuberX (Jun 3, 2014)

it seems To me the contract can't be changed after you have a signed copy...

The signed and dated copy you have makes no mention of commercial use?


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## BigJohn (Jan 27, 2016)

The at fault party is responsible for all damages. An insurance policy puts the hassle of obtaining coverage for the damages on the insurance company not you. But if there is any amounts not covered by insurance, yes you have the right to seek reimbursement from the at fault party.

IF and this is a BIG IF the actual written gap insurance policy that you have says NOTHING about excluding commercial usage of the vehicle or that ONLY PERSONAL usage is covered, then you would have a case against the gap insurance provider. However, I am willing to bet that the actual written policy you have does include language somewhere within it that excludes any commercial usage.

Aside from that, since you are obviously using the covered vehicle for commercial purposes, why would you even think you would get back the full paid amount? The immediate decrease in value of the vehicle is called the cost of doing business.


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## ThreeSeventyFive (Mar 5, 2017)

LAuberX said:


> it seems To me the contract can't be changed after you have a signed copy...
> 
> The signed and dated copy you have makes no mention of commercial use?


Yes, it has no mention of commercial use, but they told me over the phone that the dealer should of gave you a copy about commercial use. I've looked at all the documents I have when I purchased the vehicle, but can't find it. I might cost me more money with a lawyer to fight this than just suing the at fault driver or Uber.


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## Older Chauffeur (Oct 16, 2014)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


Uber/James River will recover whatever they pay out from the insurer of the at fault driver. Hard to understand why they won't go for enough to pay off the loan. Maybe try contacting them again, and if they won't help, file a claim with the other insurance company yourself, and be sure to add loss of income. Talk to a lawyer.


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## ThreeSeventyFive (Mar 5, 2017)

BigJohn said:


> The at fault party is responsible for all damages. An insurance policy puts the hassle of obtaining coverage for the damages on the insurance company not you. But if there is any amounts not covered by insurance, yes you have the right to seek reimbursement from the at fault party.
> 
> IF and this is a BIG IF the actual written gap insurance policy that you have says NOTHING about excluding commercial usage of the vehicle or that ONLY PERSONAL usage is covered, then you would have a case against the gap insurance provider. However, I am willing to bet that the actual written policy you have does include language somewhere within it that excludes any commercial usage.
> 
> Aside from that, since you are obviously using the covered vehicle for commercial purposes, why would you even think you would get back the full paid amount? The immediate decrease in value of the vehicle is called the cost of doing business.


I understand if I was at fault for the car accident that gap and deductible would have to come out of my pocket. The at fault driver's insurance company (Farmers) said they don't pay for gap price difference.


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## 1974toyota (Jan 5, 2018)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


when you drive off the dealers lot, the value of the car goes down in a NY Minute, or even a NY second,jmo


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## ThreeSeventyFive (Mar 5, 2017)

Older Chauffeur said:


> Uber/James River will recover whatever they pay out from the insurer of the at fault driver. Hard to understand why they won't go for enough to pay off the loan. Maybe try contacting them again, and if they won't help, file a claim with the other insurance company yourself, and be sure to add loss of income. Talk to a lawyer.


I did call the at fault driver's insurance company (Farmers), but they said they don't pay for gap price difference. The agent said I should have had gap insurance, but I told her I did, but since I was doing rideshare at the time of the accident, the gap insurance under the warrant (if though it's not on the actual contract, but on my online contract) was voided.


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## 1974toyota (Jan 5, 2018)

ThreeSeventyFive said:


> I did call the at fault driver's insurance company (Farmers), but they said they don't pay for gap price difference. The agent said I should have had gap insurance, but I told her I did, but since I was doing rideshare at the time of the accident, the gap insurance under the warrant (if though it's not on the actual contract, but on my online contract) was voided.


This is another example where UBER shoves the risk of operating a car onto the drivers, what you really needed was Bend Over Insurance, you can order in from the Lube insurance company in Tin Buck 2,jmo


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## ThreeSeventyFive (Mar 5, 2017)

Older Chauffeur said:


> Uber/James River will recover whatever they pay out from the insurer of the at fault driver. Hard to understand why they won't go for enough to pay off the loan. Maybe try contacting them again, and if they won't help, file a claim with the other insurance company yourself, and be sure to add loss of income. Talk to a lawyer.


That's what I might have to end up doing. Because even if you have gap insurance on your car and get in an accident while an Uber pax is in the car, you'll have no luck collecting the gap because nobody honors it when you're doing rideshare.


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## Older Chauffeur (Oct 16, 2014)

Lawyers will usually offer a free consultation to see if you have a case. If they sue successfully or reach a settlement, they share in the proceeds. Just make sure they sue for enough to cover everything. Sometimes just having a lawyer contact the insurance company will get them to come around. A lawyer can also go after the dealer over the gap issue.


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## ThreeSeventyFive (Mar 5, 2017)

1974toyota said:


> This is another example where UBER shoves the risk of operating a car onto the drivers, what you really needed was Bend Over Insurance, you can order in from the Lube insurance company in Tin Buck 2,jmo


Yep, because the agent at James Rivers told me they don't cover for the gap insurance price and told me to contact the at fault driver's insurance. Unfortunately, the at fault driver's insurance company (Farmers) said they don't pay for gap price difference either. So if you're doing Uber and get in an accident, nobody will honor the gap insurance even if you paid for it.


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## BigJohn (Jan 27, 2016)

1974toyota said:


> This is another example where UBER shoves the risk of operating a car onto the drivers, what you really needed was Bend Over Insurance, you can order in from the Lube insurance company in Tin Buck 2,jmo


Wrong. You are not an Uber employee. You are an Uber contractor. The more people that would wake up and understand exactly what that means, the more Uber ants would disappear.


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## 1974toyota (Jan 5, 2018)

Older Chauffeur said:


> Lawyers will usually offer a free consultation to see if you have a case. If they sue successfully or reach a settlement, they share in the proceeds. Just make sure they sue for enough to cover everything. Sometimes just having a lawyer contact the insurance company will get them to come around. A lawyer can also go after the dealer over the gap issue.


?if the paper work on Gap Ins says in writing, that if you Uber you are not covered, then he is SOL?????????? don't know what SOL means? $hit outa Luck,jmo


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## Older Chauffeur (Oct 16, 2014)

1974toyota said:


> ?if the paper work on Gap Ins says in writing, that if you Uber you are not covered, then he is SOL?????????? don't know what SOL means? $hit outa Luck,jmo


Read the OP's earlier post in which he explains how the dealer changed the gap policy terms in an online filing of some kind, that doesn't match the paperwork he signed when the car was purchased. The lawyer can look into the legality of that is what I meant.


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## CTK (Feb 9, 2016)

Older Chauffeur said:


> Uber/James River will recover whatever they pay out from the insurer of the at fault driver. Hard to understand why they won't go for enough to pay off the loan. Maybe try contacting them again, and if they won't help, file a claim with the other insurance company yourself, and be sure to add loss of income. Talk to a lawyer.


Insurance companies don't care about the loan, that's the insured's business, and is why GAP insurance was invented. They're going to recover the value of the car, and that's it.


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## UberTaxPro (Oct 3, 2014)

Older Chauffeur said:


> Uber/James River will recover whatever they pay out from the insurer of the at fault driver. Hard to understand why they won't go for enough to pay off the loan. Maybe try contacting them again, and if they won't help, file a claim with the other insurance company yourself, and be sure to add loss of income. Talk to a lawyer.


Yes "loss of income"!!! This will make the insurance company settle faster with you. You can claim loss of income until the claim is settled. I've done this before with taxis, it really gets the insurance company's attention. Remember that the loss of income is taxable and you won't have mileage to write off against it.


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## Texie Driver (Sep 5, 2018)

ok if you are correct that the contract you signed is silent on commercial use 
and you are looking to recover the $3500 difference
in my opinion
this is an ideal case for small claims
the limit here is like $6k
no attorneys allowed
the insurer won't go in unrepresented 
you will likely get a default judgment
enforcing it ... idk
that is another hurdle


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## Fuzzyelvis (Dec 7, 2014)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


If you have the paper original, copy it and print out the online version. Highlight where they differ ( on the copy). Go there and point out they CANNOT change a contract after the fact. If they still refuse to honor it and it really doesn't mention commercial use not allowed, or "personal use only", "no rideshare, delivery" or so on, file a suit. Probably small claims. No lawyer needed as it's pretty cut and dried.

If you do go to court I would make 2 arguments. One that they have to honor the original contract, and two, that they KNOW that or why did they change it to a version that explicitly disallows certain use? That proves that they knew it had to be IN the contract, and it is NOT in yours.


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## CTK (Feb 9, 2016)

Texie Driver said:


> ok if you are correct that the contract you signed is silent on commercial use
> and you are looking to recover the $3500 difference
> in my opinion
> this is an ideal case for small claims
> ...


I'd bet really good money the GAP policy had an exclusion for any "ride for hire" - most personal policies do. I'd also bet the OP either overlooked that in his policy, lost that particular page, or failed to understand what he was looking at.


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## Fuzzyelvis (Dec 7, 2014)

CTK said:


> I'd bet really good money the GAP policy had an exclusion for any "ride for hire" - most personal policies do. I'd also bet the OP either overlooked that in his policy, lost that particular page, or failed to understand what he was looking at.


It's possible they updated it after realizing ride for hire is now a thing, and either did that after he bought the car, or used the old, not updated policy by mistake.

Yes, he should compare them line by line and if a paragraph was added which is not in his contract, he's on solid ground. But yes, possible he's mistaken.


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## 1974toyota (Jan 5, 2018)

Older Chauffeur said:


> Read the OP's earlier post in which he explains how the dealer changed the gap policy terms in an online filing of some kind, that doesn't match the paperwork he signed when the car was purchased. The lawyer can look into the legality of that is what I meant.


I read it, the issue with hiring lawyers is they cost $$, if the dealer changed the writing AFTER the signed contract, IMO seems like Fraud, so why not have him call the State attorney's office and file a complaint? JMO



Fuzzyelvis said:


> If you have the paper original, copy it and print out the online version. Highlight where they differ ( on the copy). Go there and point out they CANNOT change a contract after the fact. If they still refuse to honor it and it really doesn't mention commercial use not allowed, or "personal use only", "no rideshare, delivery" or so on, file a suit. Probably small claims. No lawyer needed as it's pretty cut and dried.
> 
> If you do go to court I would make 2 arguments. One that they have to honor the original contract, and two, that they KNOW that or why did they change it to a version that explicitly disallows certain use? That proves that they knew it had to be IN the contract, and it is NOT in yours.


just wondering,have you ever filed in small claims court? I always hear people saying go to small claims court,or sue a person, its involved,and you have to stay on top of things, but what ever,jmo


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## AuxCordBoston (Dec 3, 2016)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


Why would you buy a car for 24,000 when it's worth 15,000?


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## 1974toyota (Jan 5, 2018)

AuxCordBoston said:


> Why would you buy a car for 24,000 when it's worth 15,000?


he's an Uber driver, thats ALL you have to know? JMO


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## hanging in there (Oct 1, 2014)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


Don't forget that you also have a claim for loss of income.

About a half year ago someone ran into my Uber SUV. I was out of work for 18 days while they fixed my car.

21st Century, the insurance for the at-fault driver, paid me over $6000 for lost income based on prior pay receipts from Uber and Lyft that I submitted to them to document an "average" income.


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## 1974toyota (Jan 5, 2018)

hanging in there said:


> Don't forget that you also have a claim for loss of income.
> 
> About a half year ago someone ran into my Uber SUV. I was out of work for 18 days while they fixed my car.
> 
> 21st Century, the insurance for the at-fault driver, paid me over $6000 for lost income based on prior pay receipts from Uber and Lyft that I submitted to them to document an "average" income.


good info


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## Stevie The magic Unicorn (Apr 3, 2018)

Fuzzyelvis said:


> If you have the paper original, copy it and print out the online version. Highlight where they differ ( on the copy). Go there and point out they CANNOT change a contract after the fact. If they still refuse to honor it and it really doesn't mention commercial use not allowed, or "personal use only", "no rideshare, delivery" or so on, file a suit. Probably small claims. No lawyer needed as it's pretty cut and dried.
> 
> If you do go to court I would make 2 arguments. One that they have to honor the original contract, and two, that they KNOW that or why did they change it to a version that explicitly disallows certain use? That proves that they knew it had to be IN the contract, and it is NOT in yours.


$5.00 says his insurance probably says "personal use only" or has specific exceptions to ride-haring.

Most policies do.


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## BigJohn (Jan 27, 2016)

AuxCordBoston said:


> Why would you buy a car for 24,000 when it's worth 15,000?


Are you unfamiliar with how depreciation and usage work?


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## Jimslaid (Jun 7, 2018)

I’m in the same boat. I have a GAP addendum that says if commercial is checked then it covers share a ride etc. My worry is, they have not checked any boxes and I told the dealership who sold me the GAP policy explicitly, I was going to do ride share. 
If this GAP Insurance doesn’t cover the $4,500 GAP, I’m going to go to the local news station and let it be known, the GAP companies and dealerships are ripping off Uber drivers.


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## BigJohn (Jan 27, 2016)

Jimslaid said:


> I'm in the same boat. I have a GAP addendum that says if commercial is checked then it covers share a ride etc. My worry is, they have not checked any boxes and I told the dealership who sold me the GAP policy explicitly, I was going to do ride share.
> If this GAP Insurance doesn't cover the $4,500 GAP, I'm going to go to the local news station and let it be known, the GAP companies and dealerships are ripping off Uber drivers.


That would be pretty hard to claim since it is your responsibility to review and read all the documents at the time of purchase. If you just now realized that the did not check the required box, you are the only one to blame.


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## Niagaran (Oct 4, 2018)

Quick interjection here: Is this an American thing? Drivers in Canada are covered whenever there's a pax or even Online in the app.








(Not allowed to post a link to it.)


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## Stevie The magic Unicorn (Apr 3, 2018)

Niagaran said:


> Quick interjection here: Is this an American thing? Drivers in Canada are covered whenever there's a pax or even Online in the app.
> 
> 
> 
> ...


The insurance is liability only when logged in and you haven't accepted a ping in the states...

Meaning if you scratch someone's mailbox cause 50c in damage and total your car,

The mailbox owner will get a bigger payout then you.

So yes insurance is included when logged in, but no it won't actually pay to fix your car.


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## Niagaran (Oct 4, 2018)

Ahh, okay. That makes sense (from Uber's standpoint). I just started driving so still wet behind the ears.


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## HotUberMess (Feb 25, 2018)

ThreeSeventyFive said:


> Yes, it has no mention of commercial use, but they told me over the phone that the dealer should of gave you a copy about commercial use. I've looked at all the documents I have when I purchased the vehicle, but can't find it. I might cost me more money with a lawyer to fight this than just suing the at fault driver or Uber.


Get a lawyer. The only contract that matters is the one with your signature.

Also I'm with the people saying comb over your contract again. I can't actually believe they left off commercial use.


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## BigJohn (Jan 27, 2016)

Niagaran said:


> Ahh, okay. That makes sense (from Uber's standpoint). I just started driving so still wet behind the ears.


Thoroughly reading and reviewing every document you sign has nothing to do with Uber or driving.



HotUberMess said:


> I can't actually believe they left off commercial use.


Why do you think a person is obligated to read everything they sign? Mistakes and omissions happen often, whether unintentional or otherwise.


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## Stevie The magic Unicorn (Apr 3, 2018)

Niagaran said:


> Ahh, okay. That makes sense (from Uber's standpoint). I just started driving so still wet behind the ears.


don't quote me on that for anywhere but the states either..


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## njn (Jan 23, 2016)

Sounds like you have to sue the dealer and gap insurance company for fraud. The dealer either knowingly omitted the commercial clause or the insurance company changed the contract without notifying you.

Did you ask about commercial use when purchasing insurance?


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## BigJohn (Jan 27, 2016)

njn said:


> Sounds like you have to sue the dealer and gap insurance company for fraud. The dealer either knowingly omitted the commercial clause or the insurance company changed the contract without notifying you.
> 
> Did you ask about commercial use when purchasing insurance?


Typical sue happy response saying it must be somebody else's fault. But then you contradict your stance in acknowledging the OP may be at fault by asking if the OP did actually ask about commercial usage?


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## ThreeSeventyFive (Mar 5, 2017)

AuxCordBoston said:


> Why would you buy a car for 24,000 when it's worth 15,000?


It's call depreciation. I bought the car brand new for that price ($24,000) 2 years ago. After putting over 50,000 miles on it within those years, James Rivers says it's only worth $15,000.



1974toyota said:


> he's an Uber driver, thats ALL you have to know? JMO


It's called depreciation. I bought the car brand new for that price ($24,000) 2 years ago. After putting over 50,000 miles on it within those years, James Rivers says it's only worth $15,000.



njn said:


> Sounds like you have to sue the dealer and gap insurance company for fraud. The dealer either knowingly omitted the commercial clause or the insurance company changed the contract without notifying you.
> 
> Did you ask about commercial use when purchasing insurance?


No, never asked them about commercial usage because rideshare in Vegas was only about 3 weeks old when I bought the car and hardly nobody knew about it (Uber/Lyft). That's why I think it wasn't on the gap insurance document because it wasn't really a thing yet. They probably have an updated document stating rideshare usage now.


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## Stevie The magic Unicorn (Apr 3, 2018)

ThreeSeventyFive said:


> It's call depreciation. I bought the car brand new for that price ($24,000) 2 years ago. After putting over 50,000 miles on it within those years, James Rivers says it's only worth $15,000.
> 
> It's called depreciation. I bought the car brand new for that price ($24,000) 2 years ago. After putting over 50,000 miles on it within those years, James Rivers says it's only worth $15,000.
> 
> No, never asked them about commercial usage because rideshare in Vegas was only about 3 weeks old when I bought the car and hardly nobody knew about it (Uber/Lyft). That's why I think it wasn't on the gap insurance document because it wasn't really a thing yet. They probably have an updated document stating rideshare usage now.


the sad thing... 50,000 miles in 2 years still puts you at being very very part time.


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## Jimslaid (Jun 7, 2018)

BigJohn said:


> That would be pretty hard to claim since it is your responsibility to review and read all the documents at the time of purchase. If you just now realized that the did not check the required box, you are the only one to blame.


You may be right. However, rideshare drivers beware: If you get GAP insurance, and I think rideshare drivers should get GAP insurance, ensure it covers commercial use.


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## dirtylee (Sep 2, 2015)

So newish car, looks like your out the downpayment & still owe money on the loan.

Why do people insist on driving rideshare with brand new cars?


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## CarpeNoctem (Sep 12, 2018)

Was anyone hurt?

Find an ambulance chasing lawyer (Better Call Saul) and sue Uber, James River, State Farm, the other driver, perhaps your insurance company and the gap insurance company. Between one of them they will cough up a settlement. How much and how long you want to drag it out depends on you and Saul. You had medical expenses right? This may seem like overkill but otherwise they will all play keep away from you until you give up.

Uber may kick you off and your insurance may drop you but if you can't drive and that is your sole income you really have nothing to lose.


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## tohunt4me (Nov 23, 2015)

Wreck it into your local Greenlight hub.

See if they pay.


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## Fuzzyelvis (Dec 7, 2014)

BigJohn said:


> Thoroughly reading and reviewing every document you sign has nothing to do with Uber or driving.
> 
> Why do you think a person is obligated to read everything they sign? Mistakes and omissions happen often, whether unintentional or otherwise.


They're not obligated to, but if they don't they shouldn't be surprised if it bites them in the ass down the road.


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## The Gift of Fish (Mar 17, 2017)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


As above, if there is no commercial restriction in your contract then you would win any court case.

A couple of weeks after I signed a contract for an Uber Xchange vehicle I got a call from them claiming they had made a mistake on my contract and that the weekly lease should have been $10 more, and could I go back to the dealer to sign a new contract. I declined, telling them that I would prefer to pay the lower amount. A signed contract is a signed contract - that's the point of them.


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## tohunt4me (Nov 23, 2015)

Not with Uber !

A signed " contract" becomes void mid ride !

Then you are FORCED to accept " "WHATEVER "!


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## NOXDriver (Aug 12, 2018)

Way to many tv lawyers

First, a contract can be altered as long as you are given notice and a chance to refuse. So all the 'they can't change a contract' people are talking out their butts.

Second, what you paid for the car vs what the car is worth are two separate matters. I would 10000% surprised if your GAP insurance covered $10k+ difference AND commercial use. Car dealers/insurance companies are not that stupid most of the time. What was your GAP insurance premium? What are the limits?

The only right answer is get a lawyer to look it over. may cost you a small fee (I doubt that a lawyer will even read the contract on the free initial meeting).


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## BigJohn (Jan 27, 2016)

NOXDriver said:


> First, a contract can be altered as long as you are given notice and a chance to refuse. So all the 'they can't change a contract' people are talking out their butts.


ONLY if the contract INCLUDES a passive action clause allowing that to occur. In general, standard contract terms do not include such a clause allowing a change without express consent.


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## uberdriverfornow (Jan 10, 2016)

The burden of proof is on the GAP company to prove that it had you sign a document stating that the car isn't to be used commercially. If it can't prove it then you should contact the state insurance commissioner. They have an obligation to pay out.


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## Asificarewhatyoudontthink (Jul 6, 2017)

ThreeSeventyFive said:


> So I bought a car for $24,000, then someone ran into the back of me going 60mph while doing Uber with a pax. The car is a total lost, but the James Rivers insurance wants only to give fair market value of $15,000. I owe $18,500 left on the car. I have gap insurance through the dealers warranty, but they found out through the insurance I was doing Uber. Now they won't cover the gap.
> Nowhere on the gap insurance contract does it say that it won't cover my gap because i did Uber.
> Can I sue the at fault driver or Uber to pay the remaining balance ($3,500) of the car loan?
> The car dealer warranty people for the gap insurance I have won't budge saying it was in the contract I signed, but again I looked everywhere on my contract it doesn't say anything about rideshare.
> ...


Guaranteed it says they don't cover you if you use the vehicle for undeclared commercial use. 
You used it to earn money. 
That is the legal meaning of commercial.

Plenty of people have been warning people for Years about this... You probably want to look into bankruptcy


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## uberdriverfornow (Jan 10, 2016)

Asificarewhatyoudontthink said:


> Guaranteed it says they don't cover you if you use the vehicle for undeclared commercial use.
> You used it to earn money.
> That is the legal meaning of commercial.
> 
> Plenty of people have been warning people for Years about this... You probably want to look into bankruptcy


Worst case scenario is he just has to keep making payments on a car loan for a car he doesn't have anymore if it did have the clause.

I have heard about GAP policies having the clause. It's just a matter of if his really does or not.


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## BigJohn (Jan 27, 2016)

uberdriverfornow said:


> The burden of proof is on the GAP company to prove that it had you sign a document stating that the car isn't to be used commercially. If it can't prove it then you should contact the state insurance commissioner. They have an obligation to pay out.


WRONG! The insured has the burden of proof that the policy did not exclude commercial usage, since he is the one attempting to claim that commercial usage is covered. That is why it is up to the purchaser to fully read and understand any contract (which includes an insurance policy) that they are buying and signing.


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## 142605 (Mar 4, 2018)

ThreeSeventyFive said:


> Yes, it has no mention of commercial use, but they told me over the phone that the dealer should of gave you a copy about commercial use. I've looked at all the documents I have when I purchased the vehicle, but can't find it. I might cost me more money with a lawyer to fight this than just suing the at fault driver or Uber.


Just a thought, but considering the amount you're looking for is relatively small you might try small claims court.


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