What Happens if my Uber Driver is involved in a Traffic Accident?

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| Preston Law

Uber has become one of the most popular brands in Australia thanks to its convenience and price point, but many riders for whom Uber forms an important aspect of their work or social life may not be fully aware of their rights should they become involved in a motor vehicle accident.

Did you know that if you are involved in a traffic accident while riding in a registered Uber you may be able to claim compensation? Here’s what you need to do if your Uber driver is involved in a traffic accident.

What should I do if I’m injured during an Uber ride?

If, as a passenger, you find yourself injured during an Uber ride you should take the same approach as you would after being injured in any type of motor vehicle accident. First and foremost, you should seek assistance from a medical professional, obtain as much information about the at-fault driver and their vehicle as possible and inform both the police and Uber of the accident.

Not all injuries are apparent immediately, so even if it feels minor you should speak to a medical professional who can make a record of any initial damage. This record could be used later to prove that your injuries progressed hours, days, or even weeks after the accident.

If you can, try to gather the contact details of any other parties involved in the accident and any witnesses, including photos or video footage they may have captured that will help piece together what happened or prove who was at fault.

Even if they do not attend the scene, an important part of your claim will be whether you have reported the accident to the police, so it is imperative that you do so and that you obtain a copy of the police report.

To report the accident to Uber, you can contact them on the Uber app under the ‘Your Trips’ tab, followed by ‘Trip Issues’ and then ‘I was involved in an accident’.

Is there insurance to cover an Uber passenger?

A decade ago, concerns were raised about the legality of ride sharing apps in Australia. Compared to the taxi industry, where passengers must be covered by insurance and should be able to safely assume they are travelling in commercially registered vehicles, Ubers are essentially privately-owned vehicles and therefore it was unclear who should pay compensation to an injured passenger if an accident occurred.

This issue has now been resolved and Uber’s insurance covers both personal injury and damage to personal property when passengers book through the app. As a passenger, you are automatically covered for any physical and psychological injuries sustained as the result of an accident under a registered Uber driver’s compulsory third party (CTP) insurance policy.

Uber also carries $20 million vehicle liability for all trips, so if the driver’s CTP has lapsed or their insurance company refuses to pay out your injury claim then Uber’s overarching policy should cover the compensation.

Am I entitled to compensation if I am in an accident on an Uber ride?

You may be entitled to compensation if you have been injured and/or had your personal property damaged during a traffic accident in which you were an Uber passenger.

It is impossible to provide an estimated compensation payout figure without assessing your personal circumstances. The amount of compensation awarded factors in medical and care expenses, loss of income (including future earnings), and any physical pain, psychological trauma, and loss of quality of life you may have endured.

If you have been injured during an Uber ride and need advice on how to make a claim for the compensation, our experienced personal injury lawyers can be contacted on (07) 4052 0770 to discuss this.