Written By: Kate Hunter, Associate and Emma Funston-Clarke, Student-at-Law
8 Minute Read
Introduction
If you’re injured in an Uber crash, you’re not alone in wondering who’s responsible for paying for your injuries. Unlike traditional car accidents, crashes involving rideshare vehicles like Uber often involve multiple insurance policies. This overlap can cause confusion and delay, which can be significant when it comes to funding treatment for injuries and other medical expenses.
Thankfully, Ontario’s insurance system provides specific protection for injured passengers, pedestrians, and even other drivers. In this blog, we’ll walk you through what happens after an Uber crash, who pays, and why having legal assistance can make a crucial difference.
Understanding Uber’s Insurance Coverage in Ontario
Uber drivers in Ontario are covered by a special commercial insurance policy that applies whenever they’re using the app. However, the type and extent of coverage vary depending on what the Uber driver was doing at the time of the crash. There are three distinct coverage phases:
| Phase 1: Driver Not Logged into the Uber App | If the driver is not logged into the Uber app, Uber’s insurance does not apply. In this case, any claims would be handled by the driver’s personal auto insurance. |
| Phase 2: Driver Logged in but Not Yet Matched with a Passenger
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If the driver is logged into the app but not carrying a passenger or en route to pick one up, Uber’s contingent coverage applies. This means Uber’s insurer may step in if the driver’s personal policy doesn’t respond, but typically only as a backup. This coverage requires a personal auto policy to be in place. Coverage includes:
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| Phase 3: Driver En Route to Pick Up a Passenger or During a Trip
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If the driver is actively on a trip, either heading to pick up a fare or transporting a passenger, Uber’s full commercial insurance is in effect. This policy is much more comprehensive and offers higher liability limits. This is the phase that protects passengers during the ride and others injured by the Uber vehicle. Coverage includes:
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Understanding which phase applies is critical because it determines which insurer should respond to your injuries and in what order. For more information on Uber’s commercial insurance policy, you can read our previous blog on the topic here.
Who Pays for Your Injuries After an Uber Crash?
Ontario’s insurance rules require that people injured in motor vehicle collisions have access to accident benefits, regardless of who caused the crash. These benefits include compensation for medical treatment, income replacement, attendant care, and more. In most cases, if you were injured in an Uber crash, your own auto insurance, if you have one, pays your accident benefits first.
If you don’t have auto insurance, you’re not left without options. You would be covered by the insurer of the Uber vehicle, or, if necessary, by Ontario’s Motor Vehicle Accident Claims Fund.
For lawsuits, the responsible party depends on who caused the crash. If the Uber driver was at fault, the claim may be against Uber’s commercial insurer, especially if the driver was “on trip.” If another driver caused the crash, you may sue that driver and their insurer. The complexity arises when more than one insurer is involved and they disagree on who’s responsible, a situation known as a priority dispute. To learn more about liability and your rights after an Uber accident, check out our other blog here.
Ontario’s Accident Benefits: A Safety Net for All Crash Victims
One of the strengths of Ontario’s insurance system is the no-fault accident benefits program. This means that injured people can access compensation for medical treatment and lost income right away, without having to prove who caused the accident.
Common accident benefits include coverage for:
- Medical and rehabilitation expenses, such as physiotherapy, surgery, and medication
- Income replacement, covering a portion of your lost earnings if you cannot work.
- Attendant care, covering personal care services if your injuries limit your independence.
These benefits are especially important in complex Uber crash cases, where coverage disputes among insurers may delay resolution. Having legal assistance ensures that accident benefits start as soon as possible, even if insurers are arguing over priority.
What Happens When Multiple Insurers are Involved?
Priority disputes occur when two or more insurers disagree about which one should be responsible for paying your benefits or damages. This is common in Uber crash cases because there are often several sources of coverage:
- Uber’s commercial insurer.
- The at-fault driver’s personal auto policy.
- Your own auto insurance (even as a passenger or pedestrian).
These disputes can complicate an already stressful situation. They can result in delays or even wrongful denials, requiring legal expertise to resolve. A personal injury lawyer can step in to enforce insurers’ timelines, demand appropriate coverage, and ensure you receive the benefits to which you are entitled.
Uber’s multi-layer system overlaps with no-fault rules, creating a maze of coverage, priority, and delay disputes between insurers.
Common Uber Crash Injury Scenarios
- Uber Passenger Injured During Ride
- Uber’s commercial policy is typically primary
- Accident benefits from the passenger’s own policy first
- Pedestrian or Cyclist Hit by an Uber Driver:
- Priority depends on driver status
- Accident benefits from the pedestrian’s own insurer, or the insurer of the Uber vehicle, if they have none.
- Another Motorist Hit by an Uber Vehicle:
- Fault determination rules apply
- Uber’s commercial insurer may be responsible if the driver was “on trip.”
How a Personal Injury Lawyer Can Help
Uber crashes present many legal challenges. A personal injury lawyer brings clarity and advocacy to the table by:
- Determining which insurer is responsible based on the Uber driver’s status in the app, the sequence of events, and policy language
- Ensuring that accident benefits are paid promptly, regardless of disputes between insurers
- Challenging improper denials or delays in processing your claim
- Pursuing all available compensation through both accident benefits and civil litigation (for pain and suffering, loss of income, and cost of future care)
A lawyer acts as your advocate through the entire process, handling communications with insurers so you can focus on your recovery.
Conclusion
With overlapping commercial and personal insurance policies, priority disputes, and complex regulations, Uber crashes are anything but straightforward. Knowing who pays for your injuries depends on the driver’s app status, fault determination, and whether you have auto insurance of your own. You don’t have to navigate this alone.
If you’ve been injured in an Uber crash, our legal team is ready to help you understand your rights, access the benefits you need, and pursue full and fair compensation.
