C-III.C · Personal Auto
Transportation network company (TNC) drivers
A personal auto policy rarely covers a driver while working for a TNC such as Uber or Lyft. Public Utilities Code §5434(b): from the moment the driver logs on until the driver logs off or the passenger exits, whichever is later, a personal auto policy provides no coverage and has no duty to defend or indemnify, unless the policy expressly provides that coverage or carries an endorsement for it. Waiting for a request while logged on is inside that period.
Public Utilities Code §5433 requires TNC insurance in tiers:
Logged on, no request accepted (§5433(c)): primary coverage of at least $50,000 per person and $100,000 per incident for death and personal injury and $30,000 for property damage, plus at least $200,000 per occurrence of excess coverage maintained by the TNC. The same tier applies between rides.
From accepting a ride request until the ride or transaction is complete (§5433(b)(1)): $1,000,000 of primary coverage for death, personal injury and property damage. A passenger does not have to be in the car yet.
Uninsured and underinsured motorist coverage (§5433(b)(2)): from the moment a passenger enters the vehicle until the passenger exits, the TNC must provide $60,000 per person and $300,000 per incident. It is primary and is solely the TNC's obligation. Under §5433(d), TNC coverage does not depend on a personal auto insurer first denying the claim.
Products for TNC drivers: under §5434(c), a personal auto insurer may, at its discretion, offer a policy, amendment or endorsement that expressly covers a vehicle while used with a TNC platform; nothing requires every personal policy to include it. Section 5433 also lets a driver maintain the TNC insurance himself if the TNC verifies the policy is written specifically for that use. The CDI outline points to a CDI webpage listing approved TNC products.
Remember
· Personal policy: no coverage, no duty to defend from log-on to log-off or passenger exit (§5434(b)), unless endorsed.
· Logged on, no request: 50/100/30 primary + $200,000 excess. Request accepted: $1,000,000.
· Passenger aboard: UM/UIM $60,000/$300,000 from the TNC; no personal-policy denial needed (§5433(d)).
CA
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