When you ride in an Uber, you are riding in a person’s own vehicle, not a commercial registered and insured one. Therefore, what happens if you get into an accident while riding in an Uber? Who pays for damage and injury compensation? And what steps should you take immediately after an accident to protect your rights?
When Uber first entered the scene, there was a lot of concern and media attention on the insurance arrangements or supposed ‘lack thereof’ for Uber drivers. However this was largely instigated by the Taxi industry in an effort to protect their monopoly.
Uber does have numerous levels of insurance which cover personal injury and property damage to other vehicles in the case of an accident.
All Uber drivers must have a current compulsory third party insurance policy (covering personal injury) and third party property damage insurance. Therefore if you are injured in a car accident with an Uber, you can still claim under the CTP scheme for injury compensation.
In addition, all Uber drivers in Australia are also protected against liability of at least $20 million under a contingent coverage policy which covers personal injury to third parties as well as property damage to road users outside the Uber vehicle. Therefore, if for some reason the Uber driver’s CTP or third party insurers will not pay out, this additional policy will ensure that any damage or injury is covered.
UberBLACK, UberLUX and UberTAXI are provided by commercially licensed and insured partners and are covered by their own commercial insurance policies.
Am I covered if injured as an Uber passenger?
Yes. If you are injured while riding in an Uber you are covered by the Uber driver’s compulsory third party insurance as well as Uber’s $20,000,000 liability contingent liability policy with CGU.
What do I do if I’m injured while riding in an Uber vehicle?
Seek medical attention for any injuries as soon as possible. It's important for insurance purposes that you have medical records to back up any claims regarding injuries, should you need to make a claim.
Obtain information from the Uber driver and other drivers involved. This should include full name, vehicle registration and the name of their compulsory third party insurer. You should also take a photograph of their licence and vehicle including the Uber logo sticker.
This may be done via the Uber App as follows (correct as at Feb 22 2017 - app updates may change process):
1: Open menu in Uber app
2: Go to ‘Your trips’
3: Select trip in which incident occurred
4: From ‘Select an issue’ options, select ‘I was involved in an accident’
5: Complete the form that is shown with date, time of incident, location / intersection of accident, details of any injuries, description of incident.
6: Submit form and wait for Uber team member to get in touch to provide assistance. Uber will attempt to get in contact using details stored in the app. Ensure phone and email are up to date.
6: Make a CTP claim for medical expenses. If you have incurred significant medical expenses and require time off work as a result of your injuries, you may lodge a CTP claim. The claim form can be filled out and submitted online. Alternatively, it is highly advisable to get assistance from a compensation lawyer to do this on your behalf. They can ensure you receive the maximum amount of compensation possible.
What do I do if I have been in an accident with an Uber driver?
If you have been in an accident with an Uber and your vehicle has been damaged, its important to take the appropriate steps so you can claim for any losses.
Ensure that everyone is safe and out of harm’s way. If you or someone else is injured call 000 immediately.
Seek medical attention for any injuries as soon as possible. Its important for insurance purposes that you have medical records to back up any claims regarding injuries, should you need to make a claim.
Obtain information from the Uber driver and other drivers involved. This should include full name, the name of their insurer, a photograph of their licence and a photograph of the car including the Uber logo sticker (if on display).
Collect information. Obtain contact details from passengers or other witnesses who can provide a statement of what occurred and take pictures of the scene of the accident, surrounds, location of street signs, skid marks on the road and any damage.
Report the accident to Police. If an accident involves a fatality or an injury requiring an ambulance, a driver refuses to provide their details, or a car is not drivable you must report the accident to police. This can be done over the phone by calling Policelink on 131 444 or online at www.policelink.qld.gov.au or in the “My Crash” function on the Policelink App. See also: 5: How to report a car accident in Queensland
Contact your insurer. If you have comprehensive car insurance, your insurer will arrange for repairs to be done to your vehicle. If the Uber driver was at fault your insurer will claim compensation from them or their third party insurer on your behalf. If you only have third party insurance and the Uber driver was at fault, you can claim compensation for your property damage by contacting their insurer directly.
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Last update on:
September 10, 2020
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.
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