Motor Vehicle Accidents

What happens if you are injured in an Uber accident or car crash?

By LHD Lawyers

Whether you’re a Rideshare passenger or an Uber driver, you assume you’ll arrive at your destination safely. But of course, even after taking careful precautions, accidents can still happen. In such cases, you might wonder who is responsible for covering the injuries of those involved.

Here’s how the protections work, firstly for passengers and other road users, and then for Rideshare and Uber drivers:

Advice for passengers and riders in Rideshare and Uber accidents

It’s not your car, and it wasn’t you who had any direct influence on an accident you suddenly find yourself in. It’s a stressful, confusing, frightening situation to suddenly be dealing with, so below you’ll find answers to the most common questions we’ve been asked by Rideshare passengers who’ve been in that exact situation first hand.

What happens if my Uber driver crashes and I am injured?

Following an Uber accident, take all the same steps you would after an accident in your own vehicle.

  1. Assess the safety of the situation and check for injuries.
  2. Get as many details as you can at the scene, including photos and the other driver’s details.
  3. Report the incident to the police.
  4. Report the incident to Uber (or other Rideshare service) via their app or website. If you believe the driver of your Rideshare was at fault, you may wish to make a dangerous driving complaint too.
  5. Seek medical attention. Remember that some injuries may worsen weeks or months after the accident, so it’s important to attend even if you don’t believe you have been seriously injured.
  6. File a motor vehicle accident (MVA) claim if your injuries prevent you from working or medical treatment is expected or continuing.

Am I covered as a passenger if I’m injured while riding in an Uber vehicle?

Yes. Like all registered Australian vehicles, Rideshare cars are required to hold compulsory third party (CTP) insurance, which covers passengers in the event of an accident.

Are Uber drivers insured?

All Uber vehicles must hold CTP insurance, just like any other car on the road. A contingent liability policy also covers Uber drivers for up to $20 million, so there should be no financial barriers to compensation.

What do I do if I have been in an accident with an Uber driver?

Because Ubers are private vehicles owned by their drivers, the process is exactly the same as it would be for a crash with any other vehicle. Gather as much evidence as you can, file a police report, have your injuries assessed, and then file a CTP claim with the support of an experienced motor vehicle accident lawyer.

Advice for drivers in Rideshare and Uber accidents

There are plenty of pluses to look forward to as a driver for Uber or other Rideshare companies. But before you hit the open road as a Gig Worker, it’s wise to be aware of the protections you will and won’t have in case you’re ever involved in an accident. The following sections provide answers to some of the most common questions we get asked by Rideshare and Uber drivers.

Can Rideshare or Uber drivers claim workers compensation and car accident compensation?

Only workers classified as “employees” are covered by and can claim workers compensation. And currently, as ruled on by the Fair Work Ombudsman, Uber drivers are still classified as “independent contractors”, making them ineligible for workers compensation.

This may change over time, given there have been significant legal changes about this in Britain and America.

What does an Uber compensation claim cover?

The intent behind a claim is to receive sufficient compensation to cover all injury, loss and damage suffered as a result of an accident, and this could include:

  • The costs of hospital and medical treatment
  • Loss of income due to not being able to work
  • The costs of ongoing treatment and rehabilitation
  • The costs of other support provided to you after the accident

So even though Rideshare and Uber drivers are not currently able to make a claim through workers compensation, you may still be able to access compensation for the above injuries and losses in other ways:

  • With Uber, you’re covered for certain injuries that arise from on-trip accidents such as broken bones, permanent disability and accidental death, plus eligible for reimbursements or lump sum benefits if you’re hospitalised or have been assaulted. They’ll also provide inconvenience compensation of $150/day for up to 30 days if you’re accidentally injured while on-trip and a doctor certifies you’re unable to work because of it. Not all Rideshare platforms have driver injury support, but this may change as drivers demand better protections and the demand for drivers increases even more.
  • If you’re hurt and the accident is the fault of another driver, you will be able to make a claim through the mandatory Compulsory Third Party (CTP) policy they purchased when renewing the registration of their car.
  • If your injuries are severe and permanent, you may be able to make a claim through your superannuation fund’s personal insurance coverage for a Total and Permanent Disability benefit.

How are Rideshare and Uber injury settlements calculated?

The most common source of compensation from motor vehicle accidents is via the CTP insurer of the at-fault driver. Claims normally must be commenced within three years of an accident.

While every case is different, how much someone can claim for compensation is calculated by looking at how much their life before the accident has changed after and because of the accident, such as:

  • Their overall pain, suffering, and comparative decrease in enjoyment of life
  • How much their income has been affected by the accident, both now and in the future
  • How much they’ve had to pay for medical and surgical costs
  • Rehabilitation expenses including physiotherapy, exercise physiology, etc.
  • Ongoing support services
  • Modifications and additions to their home to suit the restrictions caused by their long-term injuries

Can you drive for Uber after an accident?

In most cases, yes of course. Accidents are a part of life on the road, and Rideshare companies do try to be as flexible and supportive of their drivers as possible.

For instance, if your car’s been damaged and you’re a Gold, Platinum or Diamond Uber Pro driver partner, they may give you access to a replacement car through their Accident Vehicle Replacement Program so you can keep on earning.

However, if you were judged to have been the primarily at-fault driver, Uber taking you back on might be less straightforward and require further negotiations.

Make a motor vehicle accident claim today

LHD Lawyers help everyday Australians receive the benefits they are entitled to for motor vehicle accident claims. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. Call 1800 455 725 to arrange a consultation.


Author: Phillip Scroupe

Original Publish Date: October 6, 2021

Last Updated: April 5, 2024

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