Dec 20, 2016

Ride-hailing legislation passes state Senate and Assembly

Ride-hailing legislation, (A-3695/S-2179), passed the Senate (29-5) with amendments, and the Assembly voted 69-7 to concur in those amendments Dec. 19. The legislation is comprehensive in its treatment of the practice of ride-hailing, covering everything from background checks for Transportation Network Co. drivers and vehicle inspections to insurance requirements. Under the provisions of the bill, when a TNC driver is logged on to a TNC app and is available to receive a prearranged ride request, but is not providing a prearranged ride coverage must be offered in the amount of $50,000 for death or bodily injury per person, $100,000 for death or bodily injury per incident, and $25,000 for property damage. In addition, personal injury protection benefits also must be provided in amounts that conform with current law and uninsured/underinsured motorist coverage must be provided to the extent required under current law.

When a TNC driver is providing a prearranged ride the coverage requirements increase to $1.5 million for death bodily injury and property damage. Insurance for medical payments benefits in the amount of $10,000 must be provided but this is only for the benefit of the TNC driver. In addition the bill was amended to require UM/UIM coverage be provided in the sum of $1.5 million. Previously, the bill required that UM/UIM be provided to the extent required under current law.

The bill also was amended to prohibit a TNC or TNC driver from asserting the so-called "verbal threshold" in any action arising from a prearranged ride. The verbal threshold, limits recovery for non-economic damages, unless the person has sustained at least one of the types of injury recognized by statute.

Under the bill, coverage can be provided by either the TNC driver’s policy or by the TNC itself. If the TNC’s driver policy does not cover ride-hailing then the TNC is required to provide coverage beginning with the first dollar of the claim and they will have a duty to defend. Coverage under a TNC policy is not dependent upon the private policy first denying a claim. This legislation originally was passed the state Assembly (61-11-3) Oct. 20. The legislation now will go to Gov. Chris Christie for his consideration.

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