Gina M Corena at GIna Corena & Associates

Founding Member & Managing Partner at Gina Corena & Associates

Practice Areas: Personal Injury

Ride-hailing services such as Uber and Lyft have significantly altered the landscape of urban transportation in Nevada, offering users unparalleled convenience and accessibility.

With the surge in popularity of these Transportation Network Companies (TNCs), it becomes imperative for users to be informed about their rights and the regulatory environment that governs these services.

Nevada’s approach to regulating TNCs encompasses specific mandates on insurance requirements for ride-hailing drivers, which fluctuate based on the driver’s activity level. Furthermore, in the event of accidents, Nevada’s laws on at-fault and comparative negligence play a pivotal role in determining liability.

Passengers are entitled to a range of rights, including safe transportation, non-discrimination, fair pricing, privacy, and the prerogative to refuse conditions perceived as dangerous, in addition to filing complaints.

As these services continue to integrate into daily life, awareness and understanding of these protections are paramount for passengers seeking to navigate the evolving landscape of ride-hailing safety.

Insurance PhaseCoverage Requirements
Driver signed in and awaiting ride requestContingent liability insurance up to $50,000 per person per accident for injuries and $25,000 for property damage
Driver traveling to pick up passengerUp to $1.5 million in insurance coverage for property damage, death, and bodily injury
Driver with a passenger in the car until drop-offCommercial liability policy with coverage not less than $1.5 million per accident

Q: What are passengers’ rights when using ride-hailing services like Uber and Lyft in Nevada? 

A: When using ride-hailing services in Nevada, passengers have the right to safe transportation, non-discrimination, fair pricing, privacy, and the ability to refuse dangerous conditions and file complaints. 

Drivers must follow traffic laws, maintain safe vehicles, and protect passengers’ personal information. Passengers can end a ride if they feel unsafe and report any issues to the company’s customer support.

In Nevada, the rise of ridesharing services like Uber and Lyft has transformed urban transportation, offering convenience, efficiency, and cost savings over traditional methods.

Understanding the state’s specific ridesharing regulations is vital as these platforms become a staple in Nevada’s transport system.

These regulations ensure ridesharing is safe, legal, and responsible, which is essential for drivers and passengers to navigate these services effectively. This knowledge helps users make informed choices and stand up for their rights and contributes to shaping a future where ridesharing enhances urban mobility in Nevada.

Being aware of insurance requirements, operational rules, and safety protocols is critical to driver compliance and protection. Passengers should also know their rights to safe transport, non-discrimination, fair pricing, and privacy.

Together, this information ensures ridesharing serves immediate transport needs and supports broader objectives of sustainable and inclusive urban development.

Nevada’s Regulatory Framework For Uber, Lyft, And Other TNCs

In 2015, Nevada embraced Transportation Network Companies (TNCs) like Uber and Lyft by crafting regulations tailored to the unique aspects of ridesharing. This regulatory framework addresses several key areas:

Insurance and Liability: Nevada mandates specific insurance coverage for TNCs, ensuring robust protection for both drivers and passengers in case of accidents. This highlights the state’s commitment to safety.

Background Checks on Drivers: Nevada requires thorough background checks for TNC drivers, assessing driving records and criminal histories to enhance passenger safety. This step ensures that drivers meet high safety standards.

Vehicle Standards: The state specifies criteria for ridesharing vehicles, focusing on safety, reliability, and suitability for passenger transport. These regulations aim to minimize the risk of accidents and vehicle malfunctions.

Rights and Safety for Passengers: Nevada’s laws protect passenger rights, including anti-discrimination measures, fare transparency, and data privacy. These rules promote a respectful and secure ridesharing environment.

Insurance Requirements for Ridesharing

Comprehending the Insurance Requirements for Ridesharing in Nevada

In Nevada, insurance requirements for rideshare drivers are tailored to the driver’s activity level, ensuring safety and coverage throughout a ridesharing trip. These requirements vary across different stages:

  • Before Accepting a Ride Request: A basic level of insurance is required when the app is active, and the driver awaits a ride request. This coverage is essential for protecting the driver against incidents during this waiting period.
  • After Accepting a Ride Request: The insurance requirement escalates once a ride is accepted and the driver heads to pick up the passenger. This enhanced coverage extends throughout the trip, offering comprehensive protection until the passenger is safely dropped off.
  • Comprehensive Coverage: The highest level of insurance is mandated when passengers are in the vehicle. This covers both bodily injuries and property damage in the event of an accident, ensuring maximum protection for all parties involved.

Nevada’s structured insurance mandates for ridesharing aim to safeguard drivers and passengers at every trip stage, reflecting a commitment to safety and responsibility in the evolving landscape of transportation services.

Insurance Coverage Dynamics in Ridesharing

Part 1: Driver Signed In and Awaiting Request for a Ride

At this phase, the driver is signed into the ridesharing app but has yet to accept a ride request. Generally speaking, TNC insurance pays for any losses over the driver’s insurance limits.

Contingent liability insurance, which pays up to $50,000 per person per accident for injuries and up to $25,000 for property damage, is the minimum coverage in this period.

Part 2: Driver Traveling To Receive A Passenger

The coverage dramatically expands when the driver agrees to a trip request and leaves to pick up the passenger.

Nevada law mandates that TNCs offer up to $1.5 million in insurance coverage for property damage, death, and bodily injury during this time. Because the driver is actively participating in a ridesharing service, this guarantees a better degree of protection.

Part 3: Driver and passenger in the car till drop-off

This stage begins as soon as the passenger gets into the car and lasts until they are dropped off at their location.

At this last stage, the TNC’s commercial liability policy is responsible, and the liability coverage must be at least $1.5 million for each accident.  

This includes any property damage and personal harm brought on by the ridesharing driver.

Legal Liability in Rideshare Accidents

Understanding liability in rideshare accidents in Nevada is essential due to the state’s at-fault insurance system, which determines who pays for damages. This system is crucial in ridesharing contexts, as it outlines how fault is established and how to assess damages.

At-Fault Insurance System: Under this system, the party responsible for causing the accident is liable for the damages, including medical bills and property damage. In rideshare accidents, determining liability involves considering the driver’s status with the rideshare company and the specific circumstances of the accident.

Driver’s Status and Insurance: Liability varies based on the driver’s activity:

  • Offline: The driver’s insurance applies.
  • App On, No Passenger: Limited coverage from the rideshare company supplements the driver’s insurance.
  • During a Ride: The rideshare company’s commercial insurance provides significant coverage.

Navigating Liability: Victims pursue compensation through the at-fault party’s insurance, a process that may require legal assistance to navigate effectively. Understanding these dynamics is crucial for anyone involved in a rideshare accident in Nevada, ensuring they are prepared to address liability and seek fair compensation.

Accident Including A Passenger

The ridesharing company’s insurance is usually at fault if a rideshare driver is engaged in an accident while a passenger is aboard. This is so because the driver is seen as being “on duty” and working for the business.

In this case, the ridesharing company’s commercial policy, which sometimes has significant coverage limits, would kick in to pay for the losses.

Accident While Traveling To Retrieve A Passenger

A rideshare driver is also deemed to be “on duty” when they accept a trip and proceed to pick up a passenger. Thus, in the event of an accident occurring during this time, the losses are often covered by the ridesharing company’s insurance.

This coverage is essential because it bridges the gap between personal insurance coverage and the amount of time a passenger spends in the car.

Events While the Driver Was Using The Car for Personal Reasons

A rideshare driver’s own vehicle insurance will pay for any damages if they are in an accident while not using the rideshare app, which means they are not earning money from ridesharing.

In this case, the driver’s status as a rideshare driver is treated apart from their regular driving duties.

Consequences For Ridesharing Car Accidents

Understanding Comparative Negligence in Nevada

In Nevada, comparative negligence, also known as comparative responsibility, is used to assign culpability for incidents involving many participants. 

This regulation allows assigning a specified amount of blame to each party involved in an accident. This system’s primary implication is that it permits the allocation of blame and damages according to each party’s relative involvement in the accident.

How Compensation In Rideshare Accidents Is Affected by Comparative Negligence

The comparable negligence rule is a key factor in determining compensation in ridesharing accidents. This is how it operates: 

Identifying the Degree of blame: In the event of an accident, the degree of blame will be determined by evaluating the rideshare driver and the other party or parties. 

The facts, witness accounts, and other pertinent data form the basis of this evaluation.

Effect on Compensation: The extent of a party’s responsibility directly influences their ability to get compensation. For instance, if it is determined that they were 30% to blame for an accident, their compensation will be lowered by 30%. 

In Nevada, a party may still be entitled to damages if they are at most 50% at blame.

Use in the Context of Ridesharing: In ridesharing incidents, the driver and the passenger—or any other people involved—must take responsibility for their prior conduct. 

Any careless activity, such as driving while distracted or failing to buckle up, might influence the proportion of guilt and, in turn, the amount of compensation.

Nevada’s At-Fault Statute: Consequences For Ridesharing Car Accidents

Nevada’s at-fault system for car accidents, including those involving ridesharing services like Uber and Lyft, places the financial responsibility for damages on the driver who caused the collision.

This principle is crucial in ridesharing incidents, where the determination of liability is critical to resolving claims. The status of the rideshare driver at the time of the accident is a significant factor in deciding fault and financial obligations.

Enhance protection for drivers and passengers

Legislative Developments Affecting Ride-Hailing

Nevada’s Debate Over Ridesharing Insurance: The Status of Bill SB 125

In Nevada, the debate over ridesharing regulations has been highlighted by the proposed SB 125, which aims to increase insurance requirements for rideshare drivers associated with companies like Uber and Lyft.

Despite its intention to enhance protection for drivers and passengers, the Committee on Revenue and Economic Development still needs to pass the bill. As a result, the existing law requiring rideshare companies to provide $50,000 in insurance coverage from when drivers log into the app until they accept a passenger remains in effect.

The failure of SB 125 to pass maintains the current insurance standards but continues to spark discussions on whether these provisions are sufficient, especially in severe accidents. This situation underscores the ongoing challenge of balancing adequate safety measures with the operational needs of ridesharing services.

Rider Rights in Nevada Include:

  • Safe Transportation: Compliance with traffic laws and vehicle safety standards.
  • Non-Discrimination: Service cannot be denied based on protected characteristics.
  • Fair Pricing: Transparent cost estimates before journeys.
  • Privacy Protection: Confidentiality of passenger information.
  • Refusal of Unsafe Conditions: Right to terminate the ride if safety is compromised.
  • Complaint Process: Ability to report concerns to the rideshare company.

The debate surrounding SB 125 and the broader regulatory environment for ridesharing in Nevada reflects the state’s effort to balance transportation innovation with its participants’ safety and rights.

Understanding passenger rights and protective regulations is crucial as ride-hailing services like Uber and Lyft grow in Nevada. Knowledge of the state’s insurance requirements, liability laws, and passenger rights enables users to make informed choices and ensure their safety.

Despite these safeguards, accidents can occur. They know how liability and comparative negligence work, which is key for obtaining necessary support after an incident. The ongoing discussions on insurance requirements for ride-hailing underscore the need for passengers to stay vigilant and proactive about their safety.

Passengers should exercise their rights, report issues, and seek legal advice when necessary. This approach enhances individual safety and contributes to Nevada’s safer, fairer ride-hailing environment.

By staying informed and engaged, passengers play a vital role in shaping the future of ride-hailing services, ensuring they remain a reliable and secure transportation option.

Gina Corena & Associates

Ride-Hailing Accident Representation at Gina Corena & Associates

Have you suffered a ride-hailing accident or rights violation? Let Gina Corena & Associates assist you. Our attorneys excel in handling the complexities of ride-hailing legal issues, striving for the compensation you deserve.

We recognize the toll such incidents can inflict and offer compassionate, personalized legal support. From case investigation to court advocacy, we’re dedicated to ensuring justice and support for you. 

Contact us for a free consultation and let our expertise guide you confidently through this challenging time.

Resources

  • Insurance Information Institute (III): Discusses the importance of understanding insurance coverage when using ride-sharing services, including what to do in case of an accident. III
  • American Automobile Association (AAA): Provides safety tips for ride-sharing passengers, including how to verify your driver and vehicle before getting in. AAA

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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