Transportation Network Companies and Auto Insurance:
Frequently Asked Questions
What are Transportation Network Companies (TNCs)?
Transportation network companies (TNCs), such as Uber, Lyft and GetMe, provide a
transportation service by contracting with drivers (TNC driver-partners) who use their
personal vehicles to transport passengers for a fee. These TNC services are arranged
through an app installed on the TNC drivers and passengers mobile devices. The app
connects TNC driver-partners and passengers, and payments for the services are made
electronically directly to the TNC. TNCs must receive a permit from the Nevada
Transportation Authority before they can operate in Nevada pursuant to Assembly Bill
176 of the 2015 Legislative Session (AB 176 (2015)).
Why are insurance companies and State insurance regulators interested in
TNC activities?
Because TNC activities are so new, many insurance companies have not yet had time
to consider TNC activity when designing or pricing personal auto insurance policies. As
a result, the TNC activity introduces additional insurance risk that might not be covered
under the personal auto policy. This could leave policy holders lacking certain optional
coverages (such as medical payments, uninsured/underinsured motorists,
comprehensive, or collision) in the event of an accident during certain phases of TNC
activity.
When am I considered to be driving for a TNC?
Generally, there are 3 Phases (Phase 1 3) during TNC activity. You would be
considered driving for the TNC during Phases 1 through 3 as shown below:
Phase 1: TNC driver is logged into the app and is available to accept passenger(s).
Phase 2: TNC driver has accepted a request from a passenger (a “match”) and is in
route to pick up the passenger.
Phase 3: Starts when the passenger enters the vehicle and ends when the
passenger fully exits the vehicle.
You are not considered to be driving for the TNC when you are not logged into the app.
What auto insurance coverage does Nevada Law currently require for TNC
drivers?
When you are not driving for a TNC (not logged into the app), Nevada Law requires that
you have liability coverage for bodily injury and property damage to others (meaning
not you or your passenger). Pursuant to NRS 485.185, the required amount of liability
coverage must not be less than $15,000/$30,000/$10,000 -- bodily injury per person/
bodily injury per accident/property damage.
During Phases 1-3 of TNC activity, liability coverage is required by Nevada law in the
following amounts:
o Phase 1 (TNC driver is logged into the TNC app and available to accept
passengers): Pursuant to Section 10 of AB 176 (2015), liability coverage must
be no less than $50,000/$100,000/$25,000 -- bodily injury per person/ bodily
injury per accident/property damage. Pursuant to Section 11 of AB 176 (2015),
this coverage must continuously be provided either by the TNC or the driver’s
insurance policies. Some TNCs might offer this liability coverage through their
commercial auto insurance policies.
o Phases 2 and 3 (beginning with a match to a passenger, and ending when the
passenger fully exits the vehicle): The liability coverage must not be less than
$1.5 million per accident. Pursuant to Section 11 of AB 176 (2015), this coverage
must continuously be provided either by the TNC or the driver’s insurance
policies. Some TNCs might offer this liability coverage through their commercial
auto insurance policies.
o During Phase 3, the TNC provides backup coverage pursuant to Section 11(3) of
AB 176 (2015). Currently, all TNCs permitted by the NTA provide primary
coverage during all three phases.
Does my personal auto insurance policy cover me if I am driving (Phases 1-
3) for a TNC?
Probably not at this time. You need to review your personal auto policy and/or contact
your insurance agent or insurance company to confirm what coverage you would have if
you were to drive for a TNC. Many personal auto policies exclude coverage for any TNC
activity. Only a few auto insurance companies currently offer a provision or special
endorsement that provides any insurance coverage during Phases 1, 2 or 3 of TNC
activity.
When does coverage from my personal auto insurance policy stop and
coverage from a TNC’s commercial auto policy begin?
In general, a personal auto insurance policy stops providing coverage from the moment
you log onto a TNC app (“Phase 1”) to the moment you log off. Nevada law requires
that either the driver or the TNC must continuously have the statutory minimum liability
coverage during Phases 1-3 of TNC activity. Check with the TNC to determine if it is
providing certain coverage(s).
Doesn’t the TNC’s commercial auto insurance policy cover what my
personal auto insurance does not cover during TNC activity?
Not necessarily. During TNC activity Nevada law requires that either the TNC or the
driver must continuously have at least minimum liability insurance coverage during
Phases 1-3 of TNC activity, and the TNC must at least maintain backup coverage for
Phase 3. Check with the TNC and your insurance agent to ensure you have the
required coverage.
It is important to know that during Phases 1-3, although the TNC might provide for
certain liability coverage (and will provide at least backup coverage during Phase 3), the
TNCs commercial auto insurance policy probably does not provide optional coverages
(such as medical payments, uninsured/underinsured motorists, comprehensive, or
collision) that you may have purchased under your own personal auto insurance policy.
If the TNC does not provide these coverages, and your personal auto insurance
company denies an optional coverage claim as explained further below, you may
experience a “gap” in certain optional coverages in the event of an accident. Such
“gaps” could result in you being responsible to pay certain expenses out-of-pocket.
Can I get an auto insurance policy that will provide the same coverage
when using my vehicle for personal activities and TNC activity?
TNCs are relatively new, and insurance companies are working on providing policies or
endorsements for the additional risks associated with participating in TNC activity.
Contact your insurance agent or your insurance company to find out what options are
available.
Will my premium go up if I drive for a TNC?
If you engage in TNC activity, your personal auto insurance company might want you to
purchase additional coverage (endorsement) at additional premium, or purchase an
entirely new policy that will cover the additional risks associated with the TNC activity.
The additional coverage will likely cause your personal auto insurance to cost more.
Contact your insurance agent or insurance company to find out more details.
Would a passenger’s personal auto insurance policy provide coverage for
his or her injury resulting from an accident during TNC activity?
Not necessarily. A personal auto insurance policy usually only provides insurance
coverage for accidents resulting from the use of a vehicle owned by the insured, or a
vehicle that the insured is driving. Passengers should always check their auto insurance
policy or contact their agent or insurance company to determine if their auto insurance
policy will apply while they are a TNC passenger.
Do I have to tell my auto insurance company that I am driving for a TNC,
and could my personal auto insurance company deny claims if it later finds
out that I am driving for a TNC?
It is a good idea to let your personal auto insurance company know that you are using
or want to use your car for TNC activity. Currently, most auto insurance policies contain
a specific exclusion that prohibits you from participating in TNC activity at any time. If
you drive for a TNC without the knowledge of your insurance company, it might consider
the TNC activity to be a violation of your policy conditions. This means that if you are
later involved in an accident, even while using your car entirely for personal purposes
(for example, grocery shopping or dropping off your children at school), your personal
auto insurance company might cancel your policy or deny a claim.
Under Nevada law, NRS 485.3091, if you cause an accident, your auto insurance
company is obligated to pay for injuries to others or damage to others’ property
(liability) at least up to the minimum statutory limits ($15,000/$30,000/$10,000). But, if
you did not disclose your TNC driving activity to your auto insurance company prior to
the accident, your insurance company might deny any liability claim amounts that are in
excess of those minimum liability limits, even if you had purchased higher liability limits.
If your auto insurance company does pay a claim, it might later subrogate against you.
“Subrogation” is the process where your insurance company seeks reimbursement from
you for any monies it pays towards a claim under the above circumstances.
The insurance company might also deny claims for optional coverages that you may
have purchased on your personal auto insurance policy to protect you, your
passengers, or your car. These would include such coverages as Collision,
Comprehensive, Medical Payments, and Uninsured/Underinsured Motorists coverage.
If you do make the disclosure, your personal auto insurance company might be able to
offer a special endorsement to extend certain coverages during certain TNC activity.
Can my auto insurance policy be canceled by my insurance company if I
drive for a TNC?
Again, currently most personal auto insurance policies contain a specific exclusion that
prohibits you from participating in TNC activity at any time. If you drive for a TNC
company without the knowledge of your insurance company, it might consider the TNC
activity to be a violation of your policy conditions for which it could cancel your policy.
NRS 687.320(1)(d), allows your insurance company to cancel a policy upon discovery
of a violation of any condition of the policy which 1) occurred after the first effective date
of the policy, and 2) which substantially and materially increased the hazard insured
against. Your insurance company is required to send at least a 30-day advance notice
of cancelation pursuant to NRS 687B.320(2).
What should I do if my auto insurance company cancels my insurance
policy for participating in TNC activity?
Nevada’s auto insurance market is one of the most competitive in the country with over
130 insurance companies writing personal auto insurance. You should shop around to
see which insurance company might accept you as an insurance risk in light of your
TNC activity.
Do I need a commercial auto insurance policy to drive for a TNC?
Under current law there is no requirement for a TNC driver to have a commercial auto
insurance policy. However, commercial auto insurance products may include broader
coverage and might be available in Nevada for purchase. Check with your insurance
agent.
What proof of insurance do I need if I am driving for a TNC?
Pursuant to Section 14 of AB 176 (2015), a TNC driver is required to carry proof of the
required insurance coverage at all times during Phases 1-3 of TNC activity. Such proof
of insurance must be provided upon request to a law-enforcement officer, and to any
party with whom the driver is involved in an accident. Ask your TNC for an evidence of
insurance card confirming the required insurance for TNC activity (Phases 1-3).
Finally, Section 29 of AB 176 requires that you, a TNC driver, to provide proof to the
TNC that you have complied with the auto insurance liability coverage requirements for
your personal vehicle pursuant to NRS 485.185.
What are TNCs required to disclose to me when I sign up to be a TNC
driver?
Pursuant to Section of AB 176 (2015), the TNC must provide a disclosure notice to you
with the following information at the time you sign up to be a TNC driver:
1. The insurance coverage and limits of liability that the TNC provides for a
driver, if any, while you are engaged in TNC activities (“Phases 1-3”);
2. That your state-required personal auto liability insurance might not offer the
required coverage for the use of your personal car in TNC activities (“Phases
1-3”);
3. If comprehensive or collision coverage was purchased by you under your
personal insurance policy, that such coverage might not apply to any damage
which results from the use of your car during TNC activities (“Phases 1-3”);
4. If there is a lien against your car used for TNC activities, that you must notify
the lienholder that your car is being used in TNC activities;
5. That the use of your car for TNC activities might violate the contract between
you and the lienholder, if any.
Read the disclosure notice carefully. Take the time to understand and determine what
TNC provided insurance coverage you would have and whether there would be any
“gaps” with your personal auto insurance.
How do State regulators ensure that the TNC auto insurance policy is
compliant with Nevada law?
TNCs are licensed by the Nevada Transportation Authority (NTA). The Division of
Insurance (Division) works in collaboration with the NTA by reviewing every TNC
commercial liability auto insurance policy and the required disclosures for compliance
with Nevada law. The Division communicates the results of its review to the NTA before
the NTA issues a license to a TNC.
Where can I get more information about personal auto insurance policies?
The Division publishes a Consumer’s Guide to Auto Insurance Rates that you can
download from our web-site or pick up a copy from our offices in Carson City or Las
Vegas. This informational guide contains explanations of different type of coverages
available under a personal auto insurance policy, Nevada law and what factors
insurance companies generally use to develop the auto insurance premiums.
As the ultimate consumer protection agency on insurance issues, the Nevada Division
of Insurance exists to serve you. We can be a source of unbiased information and
assistance to you. While most insurance companies have policyholder service officers
to handle your policy-related questions, we encourage consumers interested in further
information on TNC-related insurance matters to contact the Division of Insurance:
Northern Nevada Southern Nevada
State of Nevada State of Nevada
Department of Business & Industry Department of Business & Industry
Division of Insurance Division of Insurance
1818 E. College Parkway, Suite 103 2501 East Sahara Ave., Room 302
Carson City, Nevada 89706 Las Vegas, Nevada 89104
(775) 687-0700 (702) 486-4009
E-mail E-mail
Toll-Free in Nevada: (800) 992-0900
http://doi.nv.gov