What to do if you are injured in a motor vehicle accident in an Uber
One thing is for sure – rideshare vehicles are now prevalent on our roads and this increases the likelihood of a rideshare vehicle being involved in a motor vehicle accident.
Since Uber was introduced to Australia in October 2012, we have quickly seen rideshare become the preferred method of private passenger transport among Australians.
By 2018, fellow big players in the rideshare market Ola and Didi introduced their services to Australian consumers. By 2020, over 21% of the Australian population had used at least one of these rideshare services.
Some businesses (particularly those in large or major cities) even use rideshare as their preferred choice of travel for staff.
If you are involved in an accident whilst travelling as a passenger in a rideshare vehicle are you still able to make a claim for any injuries you sustain? Or are rideshare vehicle claims treated differently? These are very common questions and ones we can easily answer for you!
The starting point is to treat it like a regular private vehicle accident.
CTP Insurance is your friend
In Australia, every registered vehicle on the road has compulsory third party insurance (“CTP”).
CTP insurance provides cover for people who are injured in a motor vehicle accidence involving the registered vehicle and this includes rideshare vehicles. Claims can also be made in some circumstances by the family or dependents of a person who is killed in the accident. All registered rideshare drivers are required to ensure their CTP policy provides coverage for themselves, passengers, pedestrians, and fellow road users.
If you’re involved in an accident whilst on a rideshare trip, you can claim damages for injuries (whether physical or psychological) under the CTP insurance policy and may also be entitled to payment of expenses for reasonable and necessary medical treatment and rehabilitation.
In addition to CTP insurance, Uber is covered by CGU-issued vehicle liability insurance which provides coverage for Uber drivers against accident liabilities of up to $20 million.
Who do I bring a claim against?
Rideshare driver at fault
In the event your rideshare driver is at fault for the accident, a claim would be made against the rideshare driver’s CTP insurer. The insurer can easily be identified from the registration details of the vehicle.
If the rideshare driver is at fault but operating an unregistered vehicle, you can still claim for injuries through either the Nominal Defendant or vehicle liability insurer of the respective rideshare company.
We suggest you speak to a member of our legal team as soon as possible in the event the driver at fault is unregistered.
Other vehicle at fault
If the rideshare driver is not at fault, a claim would be made against the at fault driver’s CTP insurer. Again, the insurer can be identified using the vehicle’s registration details.
What if the at fault vehicle is unknown / unidentified?
If you have not been able to identify the at fault vehicle (for example, a hit and run accident) is it very important you take immediate steps to obtain legal advice as there are much shorter timeframes for commencing a claim in these circumstances.
There are also strict requirements on an injured person to undertake a proper search and enquiry to try and identify the at fault vehicle.
What do I need to do to make a claim?
If you are involved in a motor vehicle accident using a rideshare service, here are some simple steps you should consider taking:
Obtain the details of who was involved (names, addresses, and registration details of involved vehicles);
See a doctor or attend a hospital (your health is your priority);
Report the incident to the police (this can be done in person or online and must be completed to commence a CTP claim). If the police did not attend the scene of the accident refer to the FAQs on our Motor Vehicle Accidents page which includes information on what to do in that case https://www.southsidelegal.com.au/motor-vehicle-accidents);
Report the accident to the rideshare service engaged; and
Obtain legal advice to understand your rights, entitlements and (importantly) time limits to take action.
For further assistance
The team at Southside Legal are experienced in assisting people who have suffered injuries or lost a loved one as the result of a motor vehicle accident. Give us a call today for an obligation free discussion regarding your rights.
