Rideshare services, such as Uber and Lyft, are gaining popularity in Alberta and are expected to continue growing in the years to come. The increase in the use of these services also comes with concerns about what happens if a passenger is injured in a motor vehicle accident while using a rideshare service.
Fortunately, both Uber and Lyft are required to carry commercial auto insurance to protect passengers. Understanding how this coverage works—and what steps to take if you’re injured—is key to protecting the rights of a passenger.
What Insurance Coverage Uber and Lyft Provide
Uber’s Coverage in Alberta
Uber has $2 million in third-party liability coverage that extends to the passenger injured in a motor vehicle accident during an accepted Uber trip.
In addition to this coverage, the injured passenger is also entitled to Section B benefits under the Uber driver’s policy.
Uninsured/unknown motorist coverage: The insurance policy of the Uber driver also includes $2 million in uninsured/underinsured motorist coverage, which applies if the passenger is injured in a hit-and-run accident or the at-fault driver is either uninsured or has insufficient insurance.
In Alberta, a victim in an accident where the at-fault driver is either uninsured or unidentified is entitled to claim compensation under the Motor Vehicle Accident Claims Program (MVAC); it is worth noting however that the maximum compensation from the MVAC fund per accident is $200,000, irrespective of the number of people injured in the collision, and the amount to be paid to each person shall be divided proportionately based on the severity of the bodily injury to each person.
When the compensation the passenger is entitled to exceeds the $200,000 MVAC cap, they can receive the remaining amount through Uber’s uninsured/underinsured motorist coverage.
Lyft’s Coverage in Alberta
Lyft provides automobile liability coverage of $2 million, which provides coverage for bodily injuries or losses that passengers may suffer in the event of an accident during an active trip. The injured passenger is also entitled to Section B benefits under the Uber driver’s policy.
Determining the liability
Like any other motor vehicle accident, it is important to determine who is at fault for the accident. This is vital because it helps determine who the compensation claim should be brought against; in other words, it helps determine whether the claim should be brought against a negligent rideshare driver, the company, or the third-party driver, as is appropriate.
Passengers are generally not liable; however, it is advisable to mitigate the effects of the accident by always wearing a seatbelt when using the services.
Making a claim
To ensure a compensation claim is successful, the injured passenger must take notes of the following:
- Exchange Information: You must exchange information with all drivers involved in the motor vehicle accident.
- Documentation: Take photographs of the scene, your injuries, and the testimony of witnesses. Getting information from the witnesses of the accident and their account of the event will also be helpful to your case. Also, ensure that you keep a copy of the receipt for the ride you were on at the time of the accident and that your information is recorded in the collision report.
- Contact the Rideshare company: Make sure you contact the rideshare company as soon as possible when you are injured in a car accident and give them the information they need to get access to the medical benefits to which you are entitled.
- Seek legal advice or assistance: Getting professional help from lawyers experienced in personal injury law is essential to protecting your rights and guiding you through the claim process.
- Getting medical treatment: Your health, both physical and mental, is of utmost importance. Therefore, it’s crucial to seek medical treatment when you are injured in a car accident.
Final Tips
• Always wear your seatbelt when using a rideshare service, even for short trips.
• Always book your ride with an account that has your information.
• Inform the rideshare company as soon as possible.
Lastly, if you are ever uncertain about what to do after being injured in a car accident, you can book a consultation with us at Watchmaker Law. Our team provide client-focused and empathetic services to help our clients who are injured in car accidents.
We are available 24/7 to review the facts of your specific case and provide you with information on the options available to you. We can be reached at 825-203-9801 or chat live with a member of our legal team now on our home page.
