Written by: Jamie Davison, Lawyer, and Kate Hunter, Student-at-Law
In the digital age, individuals’ transportation needs have undergone a metamorphosis. Gone are the days of tracking down friends for a ride or a carpool opportunity, when a personal taxi service is at our fingertips. Companies like Uber and Lyft came on the scene in Canada in 2012, dominated the travel industry, and changed the way Canadians travel, seemingly forever.
According to Uber, the Uber app and affiliated apps are accessible to 19 million Canadians across 140 municipalities.[1] With tens of thousands of drivers and millions of consumers regularly using Uber and/or Uber Eats, Canadians cannot deny their reliance on the ridesharing service. With this change in the transportation industry, new concerns emerge, particularly in the realm of personal injury and motor vehicle accidents. Questions like “can I sue my Uber driver?”, “who is liable in an Uber accident?”, and “what do I do if I’m involved in an Uber accident?” are on the forefront of the minds of travelers. This article aims to provide answers to these questions and concerns.
Can I Sue My Uber Driver?
The short answer is, yes. If you are a passenger in an Uber, and you are involved in a collision, the good news is that you are covered under Uber’s insurance policy.
As of September 1, 2020, coverage for Uber drivers is provided by Economical Insurance in Ontario, Quebec, and Alberta. Uber had previously contracted with Intact Insurance, so coverage for incidents that occurred prior to September 1, 2020, continues to be provided by Intact insurance and governed under their policy.
For the most part, drivers and riders in Ontario are covered from the moment a driver makes themselves available to accept rides to the moment the passenger exits the vehicle.
This leads to the next question: Do I sue Uber or my Uber driver?
Unfortunately, there is no short answer to this question; the answer is context dependent.
If the fault lies with the other driver, the outcome is the same as if you were driving your own car. The insurance policy of the at-fault driver is responsible for responding to any claim for damages brought as a result of the collision. If your Uber driver is at fault, this is where things become more complicated; whether you bring a claim against Uber or your driver, personally, will likely depend on the status of the ride.
According to Uber’s insurance policy, the timing in which a collision happens impacts the insurance policy against which your claim for damages is to be brought. Under Uber’s current policy with Economical Insurance, an Uber driver’s third-party liability coverage applies the moment the driver accepts the trip request until its conclusion. This policy has coverage limits up to $2 million.
Between trips, when an Uber driver has yet to accept a ride but is still “on the clock”, Uber’s commercial auto insurance policy lowers to coverage limits to $1 million for third party liability coverage and uninsured/underinsured motorist coverage.
Lastly, when an Uber driver is driving on their own time or have yet to start the app, they are considered to be using their vehicle for personal use and their personal auto insurance coverage and associated limits will apply.
A quick note that, when a driver is providing an Uber Black ride (which requires the driver be a professional limousine driver with a commercial license and commercial insurance), Uber does not maintain insurance to cover those rides. Drivers are required to maintain their own commercial auto insurance. In this case, you will want to bring a claim against the driver and their own commercial auto insurance.
Keep in mind, if you are injured in a collision, you can look to your own personal auto insurance for coverage of medical expenses and treatment. To clarify, Ontario has a no-fault auto insurance system that offers benefits including medical coverage and income replacement benefits to those injured in a motor vehicle collision. Despite its name, our no-fault insurance system does not mean that no one can be found at-fault for an accident, but rather that these benefits are available regardless of fault.
Ultimately, your avenue for compensation will depend on the particulars of your situation. As experienced personal injury lawyers, we at McLeish Orlando, can help you navigate choosing the avenue that is most beneficial for your claim.
What Should I Do If I’m A Passenger Involved in An Uber Accident?
As is true in the case of any motor vehicle collision, the actions you take in the aftermath are vital to any compensation you may be entitled to.
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Assess your injuries
Most importantly, first, ensure that you and anyone else involved in the collision are OK. Assess your injuries and seek the necessary medical or emergency services promptly. If police do attend the scene be sure to get the police report number.
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Document
If it is safe to do so, document the scene. This includes getting photos of any damage to the vehicles, the vehicles location on the roadway, and any other damage visible.
You should already have your drivers’ name and vehicle information through the Uber app, but it doesn’t hurt to save this information or to take a screenshot of your trip. Further, you should ask the Uber driver for their insurance card and record this information. Make sure to get the contact information of the other driver, their vehicle information, and insurance information.
Taking notes of the scene, the moments leading up to the collision, your injuries, and any other relevant information, will also help to support your claim in the future. Some questions you may want to ask yourself to help you document include:
- What were the road conditions like?
- How fast was your Uber driver driving?
- What were the traffic lights displaying?
- What were you doing leading up to the collision?
- What was your Uber driver doing in the moments before the collision?
- How many people were around?
Documenting your personal injuries is also an important step to support your claim in the future.
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Report the crash to Uber
You can report a collision through your Uber app or through Uber’s website. If using the app, open up the Uber app à navigate to Activity (on the bottom task bar) à select the trip you’d like to report à scroll down to the “Help” section à select “Report Safety Issue” and à select “I was involved in an accident”. From there, you can report the collision.
Otherwise, if you are accessing Uber’s website online, you can report the crash through Uber’s Third Parties Incident Notice page.
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Notify your Insurance Company
To cover all your bases, passengers should report the accident to their insurance company. This will begin the process of receiving accident benefits.
How We Can Help
Determining the coverage available to you after a motor vehicle collision can seem like a complicated and daunting process. At McLeish Orlando, we have a team of experienced personal injury lawyers and accident benefit specialists who can help navigate the complex system of insurance policies and identify avenues to provide appropriate compensation while you focus on recovery.
If you or a loved one has been injured while ridesharing, we recommend contacting one of our experienced McLeish Orlando lawyers for a free consultation today.
[1] https://ubercanada.publicfirst.co/#:~:text=Uber%20was%20founded%20in%202009,to%20them%20in%20real%20time.
