Allowing commercial coverage of TNCs to remain in the “excess” (supplementary) rather than the “primary” position condones shifting the TNCs’ cost of doing business to everyday consumers of personal auto policies, she said.
Chris Dolan, the attorney for the family of the six-year-old girl killed by an uberX driver, agreed that commercial liability coverage is a necessity for TNCs and that it should be the primary form of coverage. In the absence of commercial insurance, TNCs more easily shift the cost of unpaid accident claims onto the TNC driver, his personal assets, the injured party, and the city and county potentially covering medical bills.
Cross added that allowing commercial insurance to remain as excess or supplementary provides motivation to “find” coverage in other policies. This will result in unnecessary litigation and leave injured parties subject to delays in coverage. These are all things we’ve seen happen, most notably in the case of San Francisco uberX passengers Jason Herrera and Nikolas Kolintzas. The two men were injured in September of last year. Despite repeated assurances from Uber that its passengers would be covered by insurance, the company has yet to pay a single penny to these two men who have incurred excessive medical costs.