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Today is part three of my analysis of the new “Uber bill” that was introduced on January 15, 2015 as HB 4032. In summary, I believe HB 4032’s auto insurance coverage requirements for when an Uber driver is transporting passengers or riders is so extensive that, even if the Uber driver has a “commercial use” exclusion in her personal auto insurance policy, it likely won’t preclude insurance coverage after a motor vehicle accident. The company must “maintain[]” a “primary insurance policy” covering the driver and providing $1 million in liability coverage (considerably more coverage that would likely be provided in a driver’s personal auto insurance policy) as well as No Fault and property protection insurance. HB 4032 does not require that the app-based ride-sharing service maintain the coverage for the driver. If the Uber driver’s personal auto insurance policy has a “commercial use” exclusion, which it almost certainly will, then her claim for No Fault insurance benefits could be denied.
If the Uber driver was at-fault in causing a car accident, then his liability protection for bodily injury and property damage would be void.

Disclaimer: This information is for general informational purposes only and should not be relied upon as legal advice without consulting with a licensed attorney.
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But I have these concerns in large part because of how HB 4032 is written as of today, and in particular, the bill’s non-committal position on insurance coverage. It is a far cry from – and stands in stark contrast to – HB 4032’s other requirement that the company “maintain[]” a “primary insurance policy covering each … driver …” when the driver is transporting passengers or riders. And that means anyone that would have claimed No Fault insurance benefits through the driver would now have to turn to other sources if they qualify under Michigan’s No Fault order of priority on No Fault, or apply for PIP benefits through the Michigan Assigned Claims Plan (MACP).

As HB 4032 progresses through the House and the Senate, I hope lawmakers will read this blog post and seriously consider how  “commercial use” exclusions in auto insurance policies will impact people in Uber-driven vehicles, especially in the examples I provided above.
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09.01.2016 admin

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