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Delaware Personal Injury

Insurance Information for Rideshare Drivers

March 26, 2019 by Tiffany M. Shrenk, Esq.

By Tiffany M. Shrenk, Esquire-

Rideshare Insurance_ID 125737563 © Tero Vesalainen | Dreamstime.com

Uber or Lyft rideshare drivers cannot rely upon their automobile insurance for coverage for motor vehicle accidents and doing so will leave them with costly gaps in coverage. That is because personal automobile insurance policies cover you only when you are driving your car for your personal use and typically contain an exclusion denying coverage when you operate your motor vehicle for business purposes. For rideshare drivers, this means that when they are driving with the rideshare app on, a personal automobile insurance policy does not cover them.

To assist with closing these gaps in coverage, Uber and Lyft both offer their insurance coverage for rideshare drivers. But just as with personal auto coverage, the Uber and Lyft policies also leave gaps in treatment. It is important to realize the different situations you will find yourself in if you are a rideshare driver and understand what insurance applies to you in each of those phases.

First, if you are a rideshare driver but you are driving your car for your personal use, and your rideshare app is off, Uber or Lyft insurance does not cover you. Instead, you would need your insurance to cover you for any incident that occurs while driving for your personal use and the rideshare app is off.

The next situation, commonly referred to as “Phase 1” to consider is when you have the rideshare app on, and you are waiting for a rider. Your automobile policy does not cover you in this situation, and there is only limited coverage provided to you by the Uber and Lyft insurance.

Phase 2 arises when you have the rideshare app on and are driving to pick up a rider. Just as in Phase 1, you are not typically covered by your auto insurance for incidents that occur during this phase. Uber and Lyft insurance policies provide coverage, but with high deductibles for damage to your vehicle ($1,000 under the Uber policy and $2,500 under the Lyft policy).

The final rideshare driver situation occurs when the app is on, and you have the rider on board. Incidents that occur during this “Phase 3” is covered by Uber or Lyft insurance, not by a personal auto policy, and have the high deductibles for damage to your vehicle.

From reviewing these scenarios, we see how Uber or Lyft insurance on top of your car insurance policy provides you with greater protection, but still leaves you with gaps in coverage. Automobile insurance carriers have created rideshare insurance to close these gaps in coverage, which is a hybrid auto plan covering drivers in situations of personal use and ridesharing. Rideshare insurance premiums are more expensive than personal auto policies, but they extend coverage limits and deductibles to you when you are ridesharing so that you can ensure protection for you and your passengers in the event of an accident.


Tiffany M. Shrenk is an attorney in MacElree Harvey’s Delaware office. Licensed to practice law in Delaware and Pennsylvania, Tiffany represents clients in a wide range of civil litigation matters including, but not limited to, personal injury, trust, and estate litigation, real estate litigation, as well as contractual disputes and consumer fraud.

To learn more about Tiffany’s personal injury practice, visit her website or contact her at (302) 654-4454 or [email protected].

 

Filed Under: Articles by Our Attorneys Tagged With: Delaware Personal Injury, Tiffany Shrenk

Is a Liability Waiver Enforceable?

July 26, 2018 by Tiffany M. Shrenk, Esq.

liability-waiver-shark-week_dreamstimefree_2677451

If you have been enthralled by the drama portrayed during the 30th Anniversary of the Discovery Channel’s Shark Week, you may be tempted to schedule a vacation to a warm-weather destination. Not just to soak up the sun, but to experience diving with sharks. Before you dive in with the big fish, let’s discuss that liability waiver you will be told to sign before proceeding with your dive.

For those of you who enjoy recreational activities that carry any risk, you have encountered a liability waiver. Before becoming a member of the cool new gym that just opened up, you’ll need to sign a waiver. Before your kids attend their friend’s birthday party at the trampoline park, you will be presented with a liability waiver. And before you get in the shark cage and plunge into the ocean to see the great whites, you will definitely be required to sign a liability waiver.

Oddly enough, liability waivers have become so common for many of us, I still hear people say, “Oh, it doesn’t matter. These aren’t really enforceable.” You may want to reconsider whether a court will really ignore the liability waiver you just signed if you do actually get hurt enjoying that recreational activity.

Generally, a waiver of liability is enforceable and will prevent an injured person’s ability to recover in a personal injury action if it meets a three-part test.

Click here to read the full article.


Tiffany Shrenk, Personal Injury Attorney

Tiffany is an attorney in MacElree Harvey’s Delaware office. Licensed to practice law in Delaware and Pennsylvania, Tiffany represents clients in a wide range of civil litigation matters including, but not limited to, personal injury, trust and estate litigation, real estate litigation, as well as contractual disputes and consumer fraud.

To learn more about Tiffany’s personal injury practice, visit her website or contact her at (302) 654-4454 or [email protected].

Filed Under: Articles by Our Attorneys Tagged With: Delaware Personal Injury, liability waiver, personal injury, risk, shark week

How Will Senate Bill 161 Affect Delaware’s Personal Injury Statute?

July 17, 2018 by Tiffany M. Shrenk, Esq.

Senate Bill 161 - Delaware

Delaware State Senate Bill 161 is currently awaiting consideration by the Banking, Business and Insurance Committee. If passed, it will drastically change the way medical providers are compensated when treating patients who have been injured in motor vehicle accidents in Delaware.

Currently, there is no fee schedule for medical providers to follow when submitting bills for treatment of accident victims under the patient’s Personal Injury Protection (PIP) claim. When a doctor treats someone covered by PIP, the doctor may bill according to their own fee schedule and expect 100% reimbursement.

Under Senate Bill 161, a medical provider can no longer expect reimbursement at 100% of the fee schedule and limits the provider to receiving only the charges permissible under the fee schedules established by the Workers’ Compensation Oversight Panel governing compensation for providers treating workers’ compensation claimants. If the bill becomes law, the provider is prohibited from demanding or requesting any payment in excess of the rate approved under the Workers Compensation fee schedule and mandates that the insurance company is obligated to report to the Division of Professional Regulation any pattern of excessive charges or treatment by the provider.

Click here to read Tiffany’s full article.


Tiffany Shrenk, Personal Injury Attorney

Tiffany is an attorney in MacElree Harvey’s Delaware office. Licensed to practice law in Delaware and Pennsylvania, Tiffany represents clients in a wide range of civil litigation matters including, but not limited to, personal injury, trust and estate litigation, real estate litigation, as well as contractual disputes and consumer fraud.

If you have been injured in an automobile accident, contact Delaware injury attorney Tiffany M. Shrenk at (302) 654-4454 or [email protected]. To learn more about Tiffany’s personal injury practice, visit her website.

Filed Under: Articles by Our Attorneys Tagged With: Delaware Personal Injury

“Personal Injury From A to Z” CLE – Tiffany M. Shrenk a featured speaker

March 22, 2018 by MacElree Harvey, Ltd.

Attorney Tiffany M. Shrenk will be a featured speaker at the National Business Institute CLE seminar “Personal Injury From A to Z” on Thursday, April 19, at the Sheraton Wilmington South Hotel in New Castle. Tiffany’s presentation, on day 1 of the 2-day seminar, will cover Fundamentals of Local Procedure and Legislative, Case Law and Regulatory Trends and Developments.

Personal Injury CLE Program Description

Two Comprehensive Days of Personal Injury Law and Practice

This authoritative course will provide you with the foundational information and knowhow essential to starting or refreshing a personal injury practice. Our seasoned faculty will walk you through the nuts and bolts of personal injury practice and procedure, from case intake and evaluation to trial. Then, they will delve more in-depth on liens, damages, medical records and other key topics. Don’t miss this opportunity for a full look at personal injury – register today!

  • Walk through the key steps of personal injury practice and local procedure.
  • Build an understanding of first-party and third-party insurance coverage.
  • Hear the latest case law, trends, and developments in personal injury.
  • Learn the ABC’s of damages, from economic to pain, suffering and punitive damages.
  • Examine methods used to eliminate or minimize liens in injury cases.
  • Navigate common admission issues with medical records and bills.
  • Observe negotiation tactics utilized by plaintiff and defense attorneys.
  • Determine the admissibility of expert testimony in injury cases.
  • Take a crash course on personal injury trials, from opening statements to closing arguments.

Who Should Attend

This basic-to-intermediate level seminar is designed for attorneys. Insurance professionals and paralegals may also benefit.

Click here for more information and to register.


Tiffany Shrenk, Personal Injury AttorneyTiffany is an associate attorney with the law firm of MacElree Harvey, Ltd. in the Delaware office. Licensed to practice law in Delaware and Pennsylvania, Tiffany represents clients in a range of civil litigation matters including, but not limited to, personal injury, trust and estate litigation, real estate litigation, as well as contractual disputes and consumer fraud. Contact Tiffany at (302) 504-7295 or [email protected].

 

Filed Under: News Tagged With: Delaware Personal Injury, personal injury, Tiffany M. Shrenk

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