California Senate likely to pass two bills that may affect ride-share apps in California, such as Uber and Lyft, and other TNC drivers. Assembly woman, Susan Bonilla, has proposed a bill that would require every driver to acquire $750,000 in commercial liability insurance, simply for signing on to the app and driving around for customers. The same bill would also require $1 million coverage when a customer is picked up through the ride-share service. With this bill in place, costs for ride-share business in California can sky rocket, and put their companies at very high risk for going out of business.

The bill is aimed to shape the ride-share business model into one that is strictly centered on commerce. The ability for riders to keep the app on while running errands throughout the day; doesn't really create a distinction between personal and business use of their automobile, in the context of the ride-share service. Drivers aren't using the ride-share apps for their primary functionality of business and commerce; however, they are using them in addition to their everyday lives while in their own personal cars.

Traditional forms of "pay for" transportation are taxis, buses, trains, etc.; however, with the introduction of the ride-share model, these traditional forms of transportation are being affected. UberX and Lyft drivers are not required to pay for insurance and liability coverage, like a regular taxi cab driver would have to pay. Uber claims that with the implementation of Bonilla's bill, their business will suffer dramatically. But personal coverage just isn't enough to cover the drivers, their cars, and any other liabilities they may face while conducting commerce through one of the ride-share companies. In the eyes of critics and city and state officials, ride-share businesses are a liability nightmare.

Many people use UberX, a transportation service, to help them get around town. It is much cheaper than a traditional taxi and the cars tend to be nicer too.

What happens though if the driver is negligent and gets into an accident while on transporting a passenger? Even more interesting, what happens if the Uber driver gets into an accident without transporting a Uber passenger? Does Uber or Lyft provide insurance coverage for drivers injured due to a car accident? Does Uber driver's personal insurance policy cover the accident? Can injured passengers sue Uber/Lyft or their drivers? These are just a few questions many Uber, Lyft, and other TNC users are concerned about when involved in an accident while using these popular ride-sharing services.

On New Year's Eve, a six-year-old girl was struck and killed by an UberX driver in San Francisco. The family sued Uber for wrongful death, but Uber denied liability. Since there were no passengers in the vehicle, the driver was not on duty and was not covered by Uber's insurance. The family argued that since the driver was logged into the Uber app, he was on the job. At that time, Uber had very strict provisions as to what they are liable for. They only claimed liability between the times that a driver was requested and the fare was paid. This means that if a driver is driving around looking for a fare, they are not considered to be on the job; therefore, the driver will not be covered by Uber's insurance.

In March of this year, Uber announced that they would be changing their insurance coverage. They would now cover accidents as long as the Uber driver was at fault and logged into the Uber app, even if they were not transporting a passenger. Although this is a big step forward, there are still some provisions to be aware of. Uber's insurance will only cover the accident if the driver's personal insurance fails to do so. They will also only cover up to $100,000 in bodily injury and $25,000 in property damage.

UberX is a cheap way to get around town if you need transportation, but it is important to educate yourself on policies and provisions that may affect you. If you are an Uber passenger and are involved in a car accident, it is important to find an experienced personal injury attorney.

Make sure your rights are not violated! Don't settle for pursuing a court case without guidance. Our Glendale auto accident attorneys at KAASS Law can provide you with any sort of legal assistance you require.

Have you ever had your phone stolen by a thief? Currently, cell phone theft accounts for more than half of all crimes committed in California.

California senator, Mark Leno, wants to solve this issue. His bill would require adding a "kill switch" to all smartphones sold in California. This "kill switch" would render the stolen phone inoperable, making it difficult to be sold in the black-market. Leno's bill passed in the Senate on August 11, 2014.

The bill will now go to Governor Jerry Brown for his signature. If signed, all smartphones sold in California, beginning in July 2015, will have to feature the "kill switch" function.

Recovering Money Damages for Injuries in Indian Casinos

What You Need to Know the Next Time You Enter an Indian/Tribal Casino

Many tribal casinos have active insurance policies and have waived their immunity, which in these situations the liability insurer would be responsible for paying monetary damages. However, it's important to note that Tribal/Indian lands are sovereign entities. All businesses that operate with their jurisdiction must be adjudicated under Tribal/Indian laws. In summary, the businesses that operate solely on Tribal/Indian lands are not subject to many U.S. laws. Just like any other sovereign nation, the Tribes have a right to self-governance.

What happens if you get injured during your weekend casino binge? Can you sue for damages?

Due to Tribal/Indian sovereign immunity, it is very difficult to pursue a legal matter against tribal Casinos. Tribal casinos may be sued in U.S. courts if they willingly waive their immunity. In short, Tribes need to consent to be sued. It seems clear how undesirable it would be to do so, yet some, like the Navajo, have done so in the past. Some of these tribal casinos have insurance and have waived their immunity in cases where their liability insurer would pay monetary damages. Many tribes have insurance, but do not consent to waive their sovereign immunity. Usually, these tribes will offer a minimum value for the personal injury only to make it go away. Tribes are also immune from other U.S. laws including the Americans with Disabilities Act, Age Discrimination in Employment Act, and all other discrimination laws. This means that any suit accusing a tribal business of discrimination under these laws will be thrown out of court because of tribal immunity. Tribes have tribal courts; however, they do not provide the same level of protection and rights as one would get under the laws of the United States. Second, criminals in tribal lands are treated a little differently. Unless we are dealing with a "major" crime (ie. Murder, rape, kidnapping, arson, etc...) tribal courts have authority over all crimes that are committed in their jurisdiction. Thankfully, the "Major Crimes Act" states that any major felony on tribal lands are within the jurisdiction of the United States Federal Courts. So next time you're planning a trip to an Indian/Tribal Casino, remember to be careful and to follow the laws of the sovereign state you are entering. There are ways to go through the Tribal/Indian courts and maximize your value of the case. You may do this by contacting an experienced attorney who has delivered such results. Contact your tribal personal injury lawyer to get more information. This content is intended for educational purposes only. Our lawyers in Glendale, Los Angeles, CA at KAASS Law are authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office. KAASS Law Personal Injury Attorneys help clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Visa, Del Mar