A vast majority of crash survivors will find themselves suddenly looking for other means of transportation as they recover. Countless survivors may no longer feel comfortable behind the wheel and many are not physically able to drive anymore.
How Does Uber Work?
Users simply have to enter their preferred pickup location and time and they’ll instantly be presented with a plethora of ride options that are within close proximity. To make the app even safer and more convenient, developers recently added a feature where trusted contacts can track your ride using the GPS system on their phones. While that’s an impressive feat, there’s still a lot of risks involved in using Uber. For instance, what happens if your Uber gets into a collision while you’re a passenger? Many people don’t consider this as a possibility before climbing into the backseat of another person’s vehicle, but it’s something many deal with all the time. What should you do if you find yourself in this precarious situation?
When Uber first exploded onto the scene, insurance companies lumped the ridesharing mogul and their drivers into the same category as taxi drivers in that they were viewed as a commercial risk. Uber initially treated its drivers as independent contractors and didn’t want to claim liability for anything that happened while they were on the job.
Insurance Companies and Uber
From the beginning, Uber drivers were required to have personal auto insurance in place. But since personal auto insurance doesn’t extend to commercial uses in most cases and with the mounting risk factors piling up against ridesharing services, Uber had to make some serious changes to their stance. Add on the fact that the overwhelming majority of Uber drivers only work for the company part-time (typically less than 15 hours per week) to supplement their incomes, this arrangement was more than a little unfair and nonsensical.
To correct this issue, Uber instated a much more reasonably automatic insurance policy for its Ontario drivers in 2016. While drivers are still required to have personal auto insurance in place because it’s illegal to drive without it, they’re also covered by Uber’s comprehensive policy while they’re on the job.
As an Uber passenger, here’s what you should know.
If your Uber driver is offline and gets into a crash during their private time, then their personal auto insurance policy automatically goes into effect. Obviously, that’s of no consequence to you as a passenger, but it’s worth noting if you ever decide to become an Uber driver in the future. Uber also offers between-trip coverage to drivers while they’re logged into the app and waiting for ride requests to come in.
Most importantly to passengers, in the event that your Uber driver gets into a collision while transporting you to your destination, you should know that their automatic coverage extends to you as well. In fact, Uber has a $2 million policy in place that “protects vehicle occupants who are injured in a collision by a hit-and-run driver, an uninsured driver, or a driver without sufficient insurance”.
As a Passenger – You Have Legal Rights
Regardless of whether or not you suffer a physical injury, getting into a crash while participating in a rideshare program can be unnerving. You should know that as a passenger, you have legal rights. Additionally, you should contact Uber immediately following the incident through the ‘Help’ feature on their app to inform them of the collision. Alternatively, you can also try reaching out to Uber through their social media accounts to get their attention and obtain more information on the proper course of action for filing a report. That way, the company can’t claim ignorance in the event that you decide to open up a court case and you’ll have all forms of communication in writing. Their policy is designed to cover the cost of any medical issues you may incur as a direct result of the incident as well as legal fees if you decide to pursue a lawsuit against your driver or another motorist.
While it is almost impossible to know the exact outcome of a claim, an experiences personal injury lawyer will always be able to guide you through this difficult and often confusing time.
Submitted by Ross Mirian, Personal Injury Lawyer
For more information please visit mirianlaw.com.
This article is also featured in our 2022 Fall Issue of Sharing our Recovery.
The Crash Support Network is a unique one-of-a-kind website consisting of an online support group, a crash survivor blog, a quarterly newsletter, “Sharing Our Recovery” as well as highly informative articles. Our website is based on relationship-building and puts the needs of survivors first by creating a helpful resource for victims and survivors of motor vehicle crashes.
