[Nfbmo] [Nfbmo} Re: Deputies: Uber driver refused ride to blind man, s...
DanFlasar at aol.com
DanFlasar at aol.com
Sat Jul 9 03:11:51 UTC 2016
I can't understand the legalese, but thanks for the info. I wonder why
cabs are exempt from providing injury compensation when other carriers
(buses, trains, planes, etc) are required to.
Dan
In a message dated 7/8/2016 9:18:04 P.M. Central Daylight Time,
nfbmo at nfbnet.org writes:
Hello everyone ,
Here is the statue for Missouri and it is the same revised statue for all
of the other states in the United States. The taxi cab companies DO NOT
cover their passengers {Us - the riders}!!!!
***Missouri Revised Statutes***
Chapter 379
Insurance Other Than Life
Section 379.203.1
August 28, 2015
Automobile liability policy, required provisions--uninsured motorist
coverage required--recovery against tort-feasor, how limited.
379.203. 1. No automobile liability insurance covering liability arising
out of the ownership, maintenance, or use of any motor vehicle shall be
delivered or issued for delivery in this state with respect to any motor
vehicle registered or principally garaged in this state unless coverage is
provided therein or supplemental thereto, or in the case of any commercial motor
vehicle, as defined in section 301.010, any employer having a fleet of five
or more passenger vehicles, such coverage is offered therein or
supplemental thereto, in not less than the limits for bodily injury or death set
forth in section 303.030, for the protection of persons insured thereunder who
are legally entitled to recover damages from owners or operators of
uninsured motor vehicles because of bodily injury, sickness or disease, including
death, resulting therefrom. Such legal entitlement exists although the
identity of the owner or operator of the motor vehicle cannot be established
because such owner
or operator and the motor vehicle departed the scene of the occurrence
occasioning such bodily injury, sickness or disease, including death, before
identification. It also exists whether or not physical contact was made
between the uninsured motor vehicle and the insured or the insured's motor
vehicle. Provisions affording such insurance protection against uninsured
motorists issued in this state prior to October 13, 1967, shall, when afforded
by any authorized insurer, be deemed, subject to the limits prescribed in
this section, to satisfy the requirements of this section.
2. For the purpose of this coverage, the term "uninsured motor vehicle"
shall, subject to the terms and conditions of such coverage, be deemed to
include an insured motor vehicle where the liability insurer thereof is unable
to make payment with respect to the legal liability of its insured within
the limits specified herein because of insolvency.
3. An insurer's insolvency protection shall be applicable only to
accidents occurring during a policy period in which its insured's uninsured
motorist coverage is in effect where the liability insurer of the tort-feasor
becomes insolvent within two years after such an accident. Nothing herein
contained shall be construed to prevent any insurer from affording insolvency
protection under terms and conditions more favorable to its insureds than is
provided hereunder.
4. In the event of payment to any person under the coverage required by
this section, and subject to the terms and conditions of such coverage, the
insurer making such payment shall, to the extent thereof, be entitled to the
proceeds of any settlement or judgment resulting from the exercise of any
rights of recovery of such person against any person or organization
legally responsible for the bodily injury for which such payment is made,
including the proceeds recoverable from the assets of the insolvent insurer;
provided, however, with respect to payments made by reason of the coverage
described in subsections 2 and 3 above, the insurer making such payment shall
not be entitled to any right of recovery against such tort-feasor in excess
of the proceeds recovered from the assets of the insolvent insurer of said
tort-feasor.
5. In any action on a policy of automobile liability insurance coverage
providing for the protection of persons insured thereunder who are legally
entitled to recover damages from owners or operators of uninsured motor
vehicles, the fact that the owner or operator of such uninsured motor vehicle
whether known or unknown failed to file the report required by section
303.040 shall be prima facie evidence of uninsured status, and such failure to
file may be established by a statement of the absence of such a report on
file with the office of the director of revenue, certified by the director,
which statement shall be received in evidence in any of the courts of this
state. In any such action, the report required by section 303.040, when filed
by the owner or operator of an uninsured motor vehicle, shall be prima
facie evidence of lack of insurance coverage and the report, or a copy
thereof, certified by the director of revenue, may be introduced into evidence in
accordance with
section 303.310.
(L. 1967 p. 516, A.L. 1971 H.B. 85, A.L. 1972 S.B. 458, A.L. 1982 S.B.
480, A.L. 1991 H.B. 385, et al.)
So remember when you are riding..... YOU ARE NOT COVERED!!
KIM K.
-----Original Message-----
From: Nfbmo [mailto:nfbmo-bounces at nfbnet.org] On Behalf Of Shelia Wright
via Nfbmo
Sent: Friday, July 8, 2016 7:17 PM
To: 'NFB of Missouri Mailing List' <nfbmo at nfbnet.org>
Cc: Shelia Wright <sbwright95 at att.net>
Subject: Re: [Nfbmo] {Spam?} Re: Deputies: Uber driver refused ride to
blind man, service dog
Not really. Many cab drivers drive their own vehicle. The alternative is
usually one of renting a car by the day which eats into the driver's earning
potential.
The same type of issues with dog guides come up with regular cab companies
too. The difference is that the regular cab driver sometimes will just be
a no show as they keep driving. Others are more bold and site allergies,
religion, or fear of dogs as why they can't take you in their car.
I don't even think the cab companies all cover injury to the driver or
pasengers.
Discrimination is very real and it must be addressed when it occurs.
Regulations don't always ensure non-discrimination or passenger safety.
Programs like Uber and lift are newcomers I'm glad we have as
transportation options. Let's address the problem drivers and hold Uber responsible for
carrying out the settlement they have recently agreed upon. Let's not
conclude that the service as a whole is problematic. I get really weary of
people trying to justify why someone discriminated against one of us.
Shelia
-----Original Message-----
From: Nfbmo [mailto:nfbmo-bounces at nfbnet.org] On Behalf Of Dan Flasar via
Nfbmo
Sent: Friday, July 08, 2016 2:12 PM
To: nfbmo at nfbnet.org
Cc: DanFlasar at aol.com
Subject: [Nfbmo] {Spam?} Re: Deputies: Uber driver refused ride to blind
man, service dog
And this is exactly the problem with Uber, or Lift or any other service
that puts all the risk on the 'contractor' (Uber drivers are not considered
employees, legally). A cab driver drives for a company vehicle, carries
company insurance, is paid a salary and receives all tips on top of that.
The more they drive, the nore they make, at little personal risk.
U
Uber drivers pay for everything themselves (gas, insurance, maintenance
), provide their own vehicle, and are not allowed to accept tips. If an
Uber driver gets in an accident, it's tough luck for the driver - he is out
everything. If a cab driver is in an accident, the company bears the cost
- the driver is out nothing, though he could lose his job if he is at
fault.
So this is the problem - a cab is just as much a public conveyance as a
bus or a train or a plane - there are hard fought laws that guarantee the
right of people to bring their service dogs into such vehicles.
But when it's your own car, that's something quite different. Unlike a
cabbie, an Uber driver DOES take his car home, and if a family member is
allergic to dog fur, that's a legitimate concern.
Right now, the status of Uber drivers is in legal limbo - they are not
considered to be employees of the company, do not have assigned shifts, have
no benefits whatsoever, and can refuse to take on riders for their
own reasons.
Full disclosure, Uber is just the latest example of the eroding status of
workers rights. Uber has been thrown out of cities and countries all
over the world, primarily because it's business model is designed to evade
the 'public' part of 'public transportation'). I hope Uber is taken
to
court over this issue . Uber has had many challenges to it's business
model in the last few years - they were thrown out of Austin, Texas because
they refused to comply with state law that all cab drivers have their
fingerprints scanned for criminal records. Right now they skirt public
safety laws via their business mnodel - courts may help to sort this out.
And of course, not all Uber drivers will refuse to allow a service dog in
their vehicle, but it appears that right now, they are under no legal
obligation to do so.
This case could be a game-changer.
Dan
In a message dated 7/8/2016 6:29:19 A.M. Central Daylight Time,
nfbmo at nfbnet.org writes:
His daughter is allergic to dogs, so he didn't want to allow a service
dog in his vehicle.
Source:
http://www.fox4news.com/news/u-s-world/170689636-story
We have all heard stories of drivers refusing service to dog handling
teams on the grounds they are allergic or fear dogs. But Uber introduces a
new wrinkle into this battle. Since they use their own private cars, they
can claim that relatives are allergic to dogs to refuse service.
This is not something to be overlooked in light of the proposed
settlement with Uber now pending in the court.
Regards
Daniel Garcia
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