Should I let my 15 year-old son use Uber X?
Sep 13, 2017, 11:17 pm
#31
Join Date: May 2017
Location: Atlanta
Programs: Uber, Lyft, Skymiles, Thanksagain, Hertz Gold Presidents Club
Posts: 54
Nonsense. Uber gave my daughter an account. It sure isn't my negligence or hers contributing to any accident. Even if I popped her in a car on my account, unless the accident was due to some inherently child related thing (throwing a pacifier? I honestly can't think of what might qualify here...) the insurance would cover it. Oh, and IAAL.
Sure... IAADFU I am a driver for Uber
Here's the break down: Almost every insurance carrier considers ride sharing commercial use of your car. Why does that matter? If anything happens the insurer can and will deny the claim.
Please chime in other lawyers and insurance industry types.
You Mr. Lawyer can sue all you want but you will be suing the Uber driver which is why I say good luck. Not because you will be unsuccessful I mean good luck collecting the thousands-millions of dollars you would otherwise be entitled too after trial.
Here's the break down part two: Average Joes and Jills can drive for Uber because they are insured for up to $1,000,000 (unless your state requires more) by James River. James River can and has denied any claim where either city/state/federal laws were ignored or when Uber Terms of Service are broken. Blah blah blah good luck getting big money out of someone driving on UberX.
I can not stress this enough you are risking medical coverage and you are screwing over some driver out there trying to make an honest living.
To the original poster @miamiflyer8 ^^ Good Job ^^ Yes UberBLACK/SUV/Taxi is expensive but they come with their own commercial insurance etc.
A BMW dealership mechanic is more expensive than a Jiffy Lube technician by more than $100 per hour. However, one guy is a trained and licensed professional. The other only had to sit through a class (yes singular) and pass a test at the end.
Lastly @Carpedictum I know you know that many companies turn a blind eye to misuse that makes them money. Do you think CoolWhip takes measures to ensure people can not get high off of their aerosol? NO!!! They slap a "against federal law to misuse" sticker on it and rake in the dough.
Just because Uber doesn't block your child from setting up an account doesn't mean that it will have your back (or her driver's back) if something happens. Instead grab the paralegal you hate the most and order them to comb through the Term of Service or EULA. **Spoiler alert** I'm right.
Sep 14, 2017, 3:11 pm
#32
Join Date: May 2017
Posts: 11
Keep your day job
Yeah Okay... For anyone not following along I think @Carpedictum saying IAAL is supposed to be I am a Lawyer...
Sure... IAADFU I am a driver for Uber
Here's the break down: Almost every insurance carrier considers ride sharing commercial use of your car. Why does that matter? If anything happens the insurer can and will deny the claim.
Please chime in other lawyers and insurance industry types.
You Mr. Lawyer can sue all you want but you will be suing the Uber driver which is why I say good luck. Not because you will be unsuccessful I mean good luck collecting the thousands-millions of dollars you would otherwise be entitled too after trial.
Here's the break down part two: Average Joes and Jills can drive for Uber because they are insured for up to $1,000,000 (unless your state requires more) by James River. James River can and has denied any claim where either city/state/federal laws were ignored or when Uber Terms of Service are broken. Blah blah blah good luck getting big money out of someone driving on UberX.
I can not stress this enough you are risking medical coverage and you are screwing over some driver out there trying to make an honest living.
To the original poster @miamiflyer8 ^^ Good Job ^^ Yes UberBLACK/SUV/Taxi is expensive but they come with their own commercial insurance etc.
A BMW dealership mechanic is more expensive than a Jiffy Lube technician by more than $100 per hour. However, one guy is a trained and licensed professional. The other only had to sit through a class (yes singular) and pass a test at the end.
Lastly @Carpedictum I know you know that many companies turn a blind eye to misuse that makes them money. Do you think CoolWhip takes measures to ensure people can not get high off of their aerosol? NO!!! They slap a "against federal law to misuse" sticker on it and rake in the dough.
Just because Uber doesn't block your child from setting up an account doesn't mean that it will have your back (or her driver's back) if something happens. Instead grab the paralegal you hate the most and order them to comb through the Term of Service or EULA. **Spoiler alert** I'm right.
Sure... IAADFU I am a driver for Uber
Here's the break down: Almost every insurance carrier considers ride sharing commercial use of your car. Why does that matter? If anything happens the insurer can and will deny the claim.
Please chime in other lawyers and insurance industry types.
You Mr. Lawyer can sue all you want but you will be suing the Uber driver which is why I say good luck. Not because you will be unsuccessful I mean good luck collecting the thousands-millions of dollars you would otherwise be entitled too after trial.
Here's the break down part two: Average Joes and Jills can drive for Uber because they are insured for up to $1,000,000 (unless your state requires more) by James River. James River can and has denied any claim where either city/state/federal laws were ignored or when Uber Terms of Service are broken. Blah blah blah good luck getting big money out of someone driving on UberX.
I can not stress this enough you are risking medical coverage and you are screwing over some driver out there trying to make an honest living.
To the original poster @miamiflyer8 ^^ Good Job ^^ Yes UberBLACK/SUV/Taxi is expensive but they come with their own commercial insurance etc.
A BMW dealership mechanic is more expensive than a Jiffy Lube technician by more than $100 per hour. However, one guy is a trained and licensed professional. The other only had to sit through a class (yes singular) and pass a test at the end.
Lastly @Carpedictum I know you know that many companies turn a blind eye to misuse that makes them money. Do you think CoolWhip takes measures to ensure people can not get high off of their aerosol? NO!!! They slap a "against federal law to misuse" sticker on it and rake in the dough.
Just because Uber doesn't block your child from setting up an account doesn't mean that it will have your back (or her driver's back) if something happens. Instead grab the paralegal you hate the most and order them to comb through the Term of Service or EULA. **Spoiler alert** I'm right.
And nice try, but you know who definitely can't waive statutory rights in a contract/TOS?
A child.
But yes, please, any more lawyers want to draft a more fully fleshed out, 1L "Intro to legal writing" memorandum for free, chime on in.
Sep 16, 2017, 1:46 am
#33
Join Date: May 2017
Location: Atlanta
Programs: Uber, Lyft, Skymiles, Thanksagain, Hertz Gold Presidents Club
Posts: 54
Okay boys and girl read very carefully:
It's not about statutory rights in a contract/TOS... The driver who is the one who did agree to the ToS and contract is the one who also has the insurance policy.
That insurance policy is the thing/entity that has up to $1,000,000 to pay in damages.
I (the driver) could do $1,000,000s worth of damage and be 100% guilty and be 100% liable BUT my insurer will see that the child (under 18) was a violation and not pay on my behalf. They will not insure me.
It's like when you are hit by a driver with no insurance... You can sue and win but if the driver does not have the money and does not make enough wages to garnish where will it come from? @Carpedictum I'll let a math major answer that one...
Again people DO NOT send your children on UberX, Uber XL, UberSELECT, WAV, POOL, etc... If anything happens there will be no Uber and no insurance company to sue. Only the driver.
UberBlack, UberSUV, and UberTaxi all are insured differently and it might be okay but I am not an expert on those types of Uber.
On a side note @Carpedictum you are telling me that you are a woman right? It's totally sexist of me but I attributed your (uhh how to be diplomatic?) confidence to a man. Sincere apologies
Last edited by john2g1; Sep 16, 2017 at 2:58 am
Sep 16, 2017, 9:31 am
#34
Join Date: May 2017
Posts: 11
Wow... You still don't get it... You are a lawyer why do I have to spell it out in layman terms?
Okay boys and girl read very carefully:
It's not about statutory rights in a contract/TOS... The driver who is the one who did agree to the ToS and contract is the one who also has the insurance policy.
That insurance policy is the thing/entity that has up to $1,000,000 to pay in damages.
I (the driver) could do $1,000,000s worth of damage and be 100% guilty and be 100% liable BUT my insurer will see that the child (under 18) was a violation and not pay on my behalf. They will not insure me.
It's like when you are hit by a driver with no insurance... You can sue and win but if the driver does not have the money and does not make enough wages to garnish where will it come from? @Carpedictum I'll let a math major answer that one...
Again people DO NOT send your children on UberX, Uber XL, UberSELECT, WAV, POOL, etc... If anything happens there will be no Uber and no insurance company to sue. Only the driver.
UberBlack, UberSUV, and UberTaxi all are insured differently and it might be okay but I am not an expert on those types of Uber.
On a side note @Carpedictum you are telling me that you are a woman right? It's totally sexist of me but I attributed your (uhh how to be diplomatic?) confidence to a man. Sincere apologies
Okay boys and girl read very carefully:
It's not about statutory rights in a contract/TOS... The driver who is the one who did agree to the ToS and contract is the one who also has the insurance policy.
That insurance policy is the thing/entity that has up to $1,000,000 to pay in damages.
I (the driver) could do $1,000,000s worth of damage and be 100% guilty and be 100% liable BUT my insurer will see that the child (under 18) was a violation and not pay on my behalf. They will not insure me.
It's like when you are hit by a driver with no insurance... You can sue and win but if the driver does not have the money and does not make enough wages to garnish where will it come from? @Carpedictum I'll let a math major answer that one...
Again people DO NOT send your children on UberX, Uber XL, UberSELECT, WAV, POOL, etc... If anything happens there will be no Uber and no insurance company to sue. Only the driver.
UberBlack, UberSUV, and UberTaxi all are insured differently and it might be okay but I am not an expert on those types of Uber.
On a side note @Carpedictum you are telling me that you are a woman right? It's totally sexist of me but I attributed your (uhh how to be diplomatic?) confidence to a man. Sincere apologies
Lawsuits aren't against insurance companies- they're against people. You mentioned this... Child is hurt, child sues driver. Judgment is entered (otherwise none of this matters...). You think they won't cover YOU because the PASSENGER violated the TOS? Uber still directed you to pick up the passenger. In spite of popular opinion, the law isn't nonsensical.
There's no issue of uber/the insurance company having the passenger's back, they don't. Never do... That's why lawsuits even exist. But whatever. Done here. People are free to rely on random person on internet saying they're a lawyer or random person on internet saying they're a driver. So possibly they should do research of their own.
(P.S. I was a math major. Twice. You're having an awful lot of trouble with assumptions here...)
Sep 22, 2017, 8:37 pm
#35
Join Date: May 2017
Location: Atlanta
Programs: Uber, Lyft, Skymiles, Thanksagain, Hertz Gold Presidents Club
Posts: 54
To the Moderators: I apologize if I do not link a news article correctly...
http://www.sacbee.com/news/nation-wo...174528876.html
The short (and relevant) version of this story that a 13 year old girl took a Lyft out at night and later died (unrelated to the Lyft driver who took her).
The mother of the child is suing the Lyft driver because (according to the complaint) the driver should not have taken anyone unaccompanied under the age of 18.
So for prayerfully the last time: DO NOT SEND CHILDREN OUT IN UBER/LYFT.
It's not about the child being at fault. It's about the driver violating policy. As a result Uber/Lyft and all insurance companies will successfully say that because the driver broke the rules they are not responsible.
No responsibility mean that they will not pay you and you have no grounds to sue on.
YES you can sue the driver (and possibly win) but it will be the driver only.
Please please PLEASE do not send unaccompanied minors to ride in Uber/Lyft.
http://www.sacbee.com/news/nation-wo...174528876.html
The short (and relevant) version of this story that a 13 year old girl took a Lyft out at night and later died (unrelated to the Lyft driver who took her).
The mother of the child is suing the Lyft driver because (according to the complaint) the driver should not have taken anyone unaccompanied under the age of 18.
So for prayerfully the last time: DO NOT SEND CHILDREN OUT IN UBER/LYFT.
It's not about the child being at fault. It's about the driver violating policy. As a result Uber/Lyft and all insurance companies will successfully say that because the driver broke the rules they are not responsible.
No responsibility mean that they will not pay you and you have no grounds to sue on.
YES you can sue the driver (and possibly win) but it will be the driver only.
Please please PLEASE do not send unaccompanied minors to ride in Uber/Lyft.