Yes.  VTL Article 44-B requires a TNC to maintain at all times a group policy that covers vehicles using its digital network to operate as TNC vehicles in New York State, even if the TNC driver has other insurance that satisfies the requirements of Article 44-B.

A driver participating in a TNC program must carry proof of coverage satisfying VTL Article 44-B at all times while participating in a TNC program.  The proof of coverage must be in the form prescribed by the Commissioner of Motor Vehicles.  This is in addition to the proof of coverage necessary to satisfy VTL Article 6.  Whenever the law requires a driver to produce an insurance identification card, a driver must produce the insurance identification card issued to the driver when the driver registered the vehicle and, if the driver was logged onto a TNC’s digital network or engaged in a TNC prearranged trip, then the driver also must produce the insurance identification card required by VTL Article 44-B.

If the insurance the TNC driver purchased to use or operate the driver’s vehicle as a TNC vehicle lapses or does not provide the financial responsibility coverages required by VTL Article 44-B, then the TNC’s group policy must provide the coverage required by VTL Article 44-B, beginning with the first dollar of a claim.  The insurer that issued the TNC group policy also has a duty to defend the claim.

No.  Coverage under the TNC group policy is not dependent upon the denial of a claim by the insurer that issued the insurance policy the driver used to register the vehicle.

Yes.  The insurance policy the driver used to register his or her vehicle may exclude coverage, including personal injury protection (no-fault) insurance, when the driver is logged onto a TNC’s digital network and while a driver provides a TNC prearranged trip, provided that the policy contains such an exclusion. A driver should review his or her policy to ascertain whether it may provide coverage when the vehicle is being used as a TNC vehicle.

No.  The insurer that issued the insurance policy the driver used to register his or her vehicle may not cancel the policy solely on the basis that the vehicle is being made available as a TNC vehicle.  However, the insurer may non-renew the policy at the end of the annual policy term or increase the driver’s insurance premiums in accordance with its underwriting and rating rules.

An insurer may not surcharge the insured under the insurance policy that the driver used to register his or her vehicle if the driver gets in an accident while using or operating the driver’s vehicle as a TNC vehicle unless the accident results in a conviction for a moving traffic violation.  However, if the policy also provides the financial responsibility coverages required by VTL Article 44-B, then the premium associated with the Article 44-B coverage may be surcharged pursuant to the insurer’s approved rating rules.

Yes.  A driver’s umbrella policy may exclude coverage for an accident that occurs while the driver is using or operating the driver’s vehicle as a TNC vehicle.

A driver who was engaged in a prearranged trip, and a driver who was logged onto a TNC digital network and was not engaged in a prearranged trip but was engaged in an activity reasonably related to driving as a TNC driver taking into consideration the time, place and manner of such activity, at the time of the injury, is entitled to workers’ compensation benefits through the New York Black Car Operators’ Injury Compensation Fund, Inc.

The insurer that is the first insurer to receive the claim must provide the personal injury protection (no-fault insurance) benefits.  The insurer may then seek reimbursement from other insurers if appropriate.  If there is a dispute as to whether a driver was using or operating a vehicle as a TNC vehicle, then the TNC group policy must provide the personal injury protection (no-fault insurance) benefits.  With regard to a liability claim, the language of the relevant policies will dictate which policies will provide coverage and how much.

No.  A TNC group policy may not include a liability deductible or retained limit.

Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation."

You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you. If you do not know the vehicle that struck you or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).  Additional information on MVAIC can be obtained on their web site www.mvaic.com or you can contact them by telephone at (646) 205-7800.

When the basic No-Fault benefits are consumed, you may apply for Additional No-Fault (Additional PIP) benefits either from the vehicle you occupied or any auto policy of a related member of your household. Additional PIP is an optional coverage which is usually not expensive. If no Additional PIP benefits are available, you may make a claim to your standard health insurance to pay for your medical expenses. You may also be eligible for Federal Social Security Disability benefits.  In addition to the above, you can also sue the party responsible for the accident, in order to recover the costs that you paid which exceed your policy limit.

If you are the operator or passenger of a motorcycle involved in an accident, you are excluded from No-Fault benefits (you may sue from first dollar loss). If you were a pedestrian struck by a motorcycle, you should file a claim with the insurer of the motorcycle. If it is not insured, then you may file the claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

You may sue another driver if he or she caused the accident that injured you and you sustain a "serious injury". Section 5102(d) of the New York Insurance Law describes various conditions that meet the definition of "serious injury".

Insurance Regulation 68, as revised effective April 5, 2002, effected numerous changes to the processing of No-Fault claims.  The revised Regulation modified the timeframes in which to submit written notice of claim from 90 to 30 days and to submit medical bills from 180 to 45 days, respectively, and mandated that lost wage claims must be submitted within 90 days.  The new regulation also included provisions for the electronic data transmittal of claim information, and revised rules concerning the wording and acceptance of No-Fault assignments.  In addition, the revised regulation modified many of the administrative procedures in connection with No-Fault arbitration and conciliation.

Insurers are required after April 5, 2002, to issue new prescribed endorsements for all new and renewal policies which contain the new requirements. These requirements can be applied only to claims that arise under policies issued which include the new endorsement.

No, the new endorsement can only be issued with new policies or at the annual renewal of an existing policy issued after April 5, 2002.

The new time requirements apply as of the date that notice or submission of claims are made to the insurer. For example, if the accident occurs on January 1, notice of the claim must be mailed or submitted to the insurer no later than January 31 to comply with the notice requirement, which begins the day after the date of the accident.

Self-insurers, which do not issue endorsements, must apply the new requirements on all claims that result from accidents that occur on or after April 5, 2002.