Disney says husband can’t sue over wife’s wrongful death – because he signed up to Disney+ trial

bigdaddysaints said

i agree thats a grey line situation. Do Uber Drivers have to carry special insurance on top of their regular insurance? are Uber drivers considered employees or contractors? I know we deal with a lot of Hot Shot Drivers here, they technically are independant contractors that work for the Hot Shot company. I do know they carry sperate insurance, but i think it only covers the cargo/items they are transporting.

In a time when you hear so many people yelling about people being sue happy, but the same ones will cry foul in situations like this.
I have no doubt that isn't the first time someone has gone after Uber for an accident, I would assume there is precidence.
I hope they get what they deserve. stuff like this can be a total loss for people because of medical expenses.

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Depends on the terms of the employment contract that defines who is responsible for what.

Typically Uber drivers are treated as "contract carriers"- in that when they are "pulling a load" they are insured thru the company that hired them ( Uber in this case ) HOWEVER, when they are sitting around waiting for a fare ( or grabbing something to eat, cruising around waiting for fare etc - basically ANY time they have NO ONE paying for ride in the vehicle ) they are NOT covered by Uber's $1,000,000 CSL coverage.

I could get into the weeds about Hot Shots/Common carriers/Contract Carriers- but that will seriously muck up this thread ( and it can be complicated based on the contract ) - so ill just say that a Hot Shot is not like Uber- UNLESS that Hot Shot works for a larger "Hot Shot company" ( like Acme ) but even then, they must read the employment contracts insurance provisions to fully determine who is responsible for what.

ill end with this- Liability almost ALWAYS rolls "downhill" when it comes to contractual arrangements for contract carriers.

PS one more aspect that is given little consideration- Uber drivers- ANYONE with a Class E license ( your everyday typical license ) can drive for Uber. Most other professions require Class B ( Chauffeur ) or Class D ( CDL ) which requires additional instruction to obtain.

So Uber is going to make DANG sure that their exposure ( liability ) is as limited as their attorneys can make it. NTTAWT