When we say rideshare, we are talking about services like Uber, Didi and Ola which are controlled by an app, and which perform the same function as a taxi might; that is to say, you are driven from one location to another.
The difference between a service like a taxi, and a rideshare, is that the rideshare is ostensibly a private driver who is operating out of their own (or a hired) vehicle. Since these rideshare services are relatively new, many of the laws around what happens if something goes wrong are still in their infancy.
Have you been injured in an accident while driving for a rideshare company, or while travelling as a passenger? We can help. Murphy’s Law Accident Lawyers are personal injury specialists who are here to provide support and help you navigate your personal injury claim.
You are sitting in the back of your Uber, happily riding to your destination when - BAM - you’re in a car accident. First of all, this is incredibly unfortunate and is not what you want to have happen at any time - but if you are injured it takes on a whole new level of complication which we want to make as simple as possible.
Follow these steps if you are in an accident in a rideshare:
When you are a passenger in a vehicle you are covered under what is known as Compulsory Third Party (CTP) insurance. What this means is that any injuries you suffer can be claimed under the CTP policy of the driver. You do not need to worry about your driver not having this insurance; it is a compulsory part of registration.
If you are injured and the driver of another vehicle was at fault, you can claim through their CTP insurance - so no matter what you will have an avenue to seek compensation for your injuries.
If your driver is driving an unregistered vehicle, you can still claim for any injuries, but it will be a claim through the Nominal Defendant. Speak to our team of expert personal injury lawyers for legal advice if your driver is unregistered.
Driving for Uber or a ridesharing service company is a great way to make money. You are your own boss, and you can work the hours you choose. However, there are some downsides which come with this level of freedom and flexibility, namely around the protection you have if you are injured.
In order to get workers’ compensation in Queensland you need to be classified as an employee. At this stage, Uber classifies its drivers as independent contractors rather than as employees, which means that as a driver you are not eligible to seek workers’ compensation.
The status of drivers may change as laws evolve; indeed within the United Kingdom the Supreme Court recently found that Uber drivers are “workers” under British law. American drivers are also going through similar legal challenges.
Even though you are not covered under worker’s compensation schemes you may have recourse to compensation through another means:
Accidents happen, and they are just that - something that you did not anticipate or hope for, but that took place. If you have been in an accident Uber does not prevent you from driving for them; in fact, they try to help you out if your motor vehicle has been so damaged that it requires repairs.
Uber will assist you (if you are a Gold, Platinum or Diamond Uber Pro driver partner) with access to a car even if you have an accident through their Accident Vehicle Replacement Program.
Of course, if you were at fault and your driving or conduct was found to be the cause of your accident (if you were affected by drugs, alcohol, were speeding, using your phone or otherwise driving in an illegal or irresponsible manner) then Uber or a rideshare company may be less likely to take you on.
When looking to drive with Didi, you need to have held an unrestricted Australian driver licence for at least 12 months, which means that if your accident has resulted in any kind of disqualification you will not be able to drive for them.
Your priority is making sure that everyone is safe - yourself included. Get medical attention and call the police if needed, and then help your passenger report the incident to Uber or their rideshare partner through the app.
Even if you have injured people in your car, and the accident which occurred was your fault, your passengers will be able to claim for their injuries through your CTP so you will not personally be out of pocket.
When making a claim for a rideshare injury you will be looking to claim for any loss or damage suffered when your accident occurred. The following is potentially compensable as part of your accident injury claim:
A CTP insurance compensation claim can be complex and involve negotiation and a great deal of work which is done to ensure that any injury claim is comprehensive and includes all appropriate compensation. Our team at Murphy’s Law Accident Lawyers can help you to ensure you receive the right amount of compensation for your injuries.
Accident victims are eligible to make a claim for compensation through the CTP insurance of the driver who was at fault.
These claims are made through the driver’s insurance and are calculated by looking at your life as it was prior to the accident and calculating factors such as:
You typically have three (3) years from the date of the accident in which to commence your claim against the at fault driver’s insurance. It is important that you seek legal advice well in advance of making a claim to ensure you fall well within the time limits. There are certain exceptions such as hit and run incidents which can result in much shorter time limits.
At the time of the accident you may not be thinking about anything else other than moving on from the situation. Accidents are unpleasant and it is natural to try and forget about it and move on with your life.
However, if you have lasting injuries you may wish to make a claim — but do not leave it too long. Evidence such as CCTV, reliable witness statements and dash-cam footage can be harder to gather as time passes from the incident.
Speak to us today if you are thinking of making an injury claim and we can provide you with advice about where you stand and what your options are.
When making a claim for compensation you can expect it to take anywhere between 15- 18 months, and up to two years depending on the complexity of the case and the injuries suffered.
Our lawyers can help you understand the liability coverage contained within a CTP policy and then work with you to ensure your matter is completed in the most efficient amount of time possible, while still ensuring you receive what is appropriate given your injuries and any impact the accident has had on your life.