Claiming Compensation for Injuries Caused in an Uber Accident

Ridesharing apps such as Uber have become extremely popular. The rise in popularity has led to more car accidents involving rideshare drivers. There are unique—and sometimes complex—liability and insurance coverage issues to consider when rideshare accidents occur. Uber drivers have coverage under Uber’s commercial auto insurance policy, but they are also required to have their own private auto insurance in place.

If you’ve been hurt in an accident caused by a rideshare driver, you’re likely wondering whether you’re entitled to compensation and who you should claim against. In today’s article, our Oshawa, Whitby and Lindsay accident claims lawyers will discuss financial compensation for rideshare accident victims. For more information and advice customized to your situation, we welcome you to contact us to arrange a free case evaluation.

Who Can Claim for Accident Injuries?

A passenger has the legal right to claim compensation for injuries suffered while riding in an Uber vehicle. In addition to passengers, pedestrians, bicyclists, and other drivers (car, motorcycle, truck, etc.) have legal rights to compensation if they are hurt in an accident involving an Uber driver. Lastly, Uber drivers themselves can claim compensation if they are injured while providing rideshare services.

What Types of Compensation Can You Claim?

Statutory Accident Benefits (a.k.a. “No Fault Benefits”)

Anyone hurt or killed in an Ontario motor vehicle accident involving a rideshare vehicle is automatically entitled to claim Statutory Accident Benefits. An accident benefits claim includes coverage for income replacement benefits, medical, rehabilitation and attendant care benefits, and several other expenses.

Accident benefits are also called no-fault benefits, because they’re available to a person hurt in a motor vehicle accident, regardless of who was at fault. Passengers have the right to claim accident benefits, regardless of whether the Uber driver or some other driver was at fault. Injured cyclists, pedestrians, and drivers (including the Uber driver) also have the right, even if they’re partially or entirely at fault for the accident.

Personal Injury Lawsuit (a.k.a. “Tort Claim” or “Negligence Claim”)

A person hurt or killed in an Ontario motor vehicle accident also has the right to bring a personal injury lawsuit against the person or people who caused the accident. A personal injury lawsuit is in addition to an accident benefits claim. In a personal injury lawsuit, the injured person sues the at-fault party for damages including pain and suffering, future loss of earnings, out-of-pocket expenses, and more. To win their case, the injured person must prove several key elements, including that the wrongdoer’s fault or negligence caused the accident, and that the accident caused the injuries.

If multiple people are responsible for causing the accident, fault will be apportioned accordingly. For example, imagine an Uber passenger is hurt in a crash between the Uber vehicle and another car. If the Uber driver was 75% at fault and the other driver was 25% at fault, each driver will be responsible for that portion of the injured passenger’s damages.

Fault can also be apportioned to the person who was hurt. For example, imagine a cyclist is struck in an intersection by an Uber driver, and the Uber driver alleges that the cyclist caused or contributed to the accident (this is known as “contributory negligence”). The evidence demonstrates that the cyclist failed to keep a proper lookout, and that the Uber driver failed to check before proceeding through the intersection.

In that example, suppose liability is apportioned 15% to the cyclist and 85% to the Uber driver. That means the cyclist’s compensation will be reduced by 15%. Depending on the severity of injuries, the injured cyclist may still be entitled to a large sum of money despite the finding of contributory negligence.

An injured person should never assume they will be found responsible or at-fault. Reach out to a Whitby accident lawyer at our firm for advice and help defeating allegations of contributory negligence or other defences the wrongdoer may raise.

Whose Insurance Covers Uber Accident Injuries?  

Here is where things can get even more complicated. If you have your own accident benefit coverage, your no-fault benefits claim is made to your own auto insurer. If you don’t have your own accident benefit coverage, you are entitled to claim Accident Benefits through Uber’s auto insurance. An Oshawa, Lindsay, and Whitby accident lawyer at Kelly Greenway Bruce can determine which auto insurance policy applies, provide proper notice of your claim, and help you with the paperwork so you get the benefits you need.

If the accident was caused by someone else’s fault, several factors will dictate who to sue, and whose insurance pays the damages awarded. For example, if you were a passenger in an Uber vehicle that is struck by a van, and the van driver is 100% at fault, your personal injury lawsuit is against the van driver and that person’s insurance applies.

If the Uber driver was at fault, the question of insurance coverage depends on when the accident occurred:

·       If the accident occurs en route (i.e., between when the Uber trip is accepted and the trip is concluded), the Uber driver has up to $2 million in third-party liability coverage provided by Uber’s Ontario auto insurer (Economical Insurance at the time this article was written).  

·       If the accident occurs when the Uber driver is “online” in the app (i.e., available for a trip), the Uber driver has up to $1 million in third-party liability coverage provided by Uber’s Ontario auto insurer.

·       If the Uber driver was “offline” when the crash occurred, the driver is not covered by Uber’s commercial auto insurance policy. The driver’s personal third-party auto insurance applies.

Special provisions and coverage may apply if the accident involved a hit-and-run driver, an uninsured driver, or a driver without adequate insurance. The claim will be even more complex if a municipality is potentially at-fault (e.g., due to poorly maintained roads). It’s strongly recommended that you consult with an experienced car accident lawyer as soon as possible to determine coverage issues and ensure that important limitation periods are not missed.

Trusted Advice from a Whitby Car Accident Lawyer

Whitby, Lindsay, Oshawa, Kawartha Lakes, Durham Region, GTA and surrounding area residents are encouraged to contact Kelly Greenway Bruce if they’ve been hurt in a rideshare accident.

Our accident claims lawyers can help you evaluate your legal options and explain your rights to compensation. We’ll guide you through the entire claims process, from securing evidence and preparing a strong case to negotiating with the insurers representing the party responsible for the accident. We have the skills and experience to push back against allegations of contributory negligence to maximize your financial compensation.

Kelly Greenway Bruce is a full-service law firm with extensive experience in personal injury matters with offices in Oshawa, Lindsay, Kawartha Lakes, Durham Region, GTA and surrounding areas. Contact us today for a free case evaluation from an experienced accident lawyer.