Can You Sue Uber in South Africa for Compensation If You’re Hijacked or Injured in an Uber Accident?

Can you sue Uber in South Africa? Uber vehicles may be hijacked. Uber passengers may also be attacked or injured in road accidents.

A number of these incidents have occurred in South Africa.

In this article, we cover:

• the legal right of users to sue Uber for damages if attacked or hijacked
• compensation for passengers injured in Uber accidents, including
  • Road Accident Fund compensation
  • compensation through Uber rider insurance
• injury insurance for Uber drivers
• legal steps to take if you’re seeking compensation.

Can I sue Uber if I’m hijacked or attacked?

It is possible to sue Uber for damages in South Africa.

This may include damages sustained as a result of criminal actions by Uber drivers.

In 2019, a number of Uber users pursued a class-action lawsuit against Uber. This after four drivers were separately accused of using the app to target female passengers, in order to rob and rape them.

Eleven passengers approached the High Court to pursue a damages claim against Uber. These passengers used the Uber app with the expectation that they would be safe.

According to the plaintiffs’ legal representative, Uber failed to supply a safe and reliable service, resulting in a case of vicarious liability.

Compensation if you’re injured in an Uber

Road Accident Fund claims for Uber accidents

If you’re injured in a road accident while riding in an Uber, you may be entitled to claim compensation from the Road Accident Fund (RAF).

This includes compensation for medical expenses, general damages and/or loss of income.

If you may have a RAF claim, it’s strongly recommended that you get assistance from a suitably qualified attorney.

Uber rider insurance

A passenger who’s injured in an Uber as a result of a hijacking or attack may qualify for compensation from Uber itself.  In South Africa, Uber is insured by Chubb Insurance South Africa Ltd and offers specific cover to passengers.

According to Uber, its rider insurance coverage includes:

• up to R50,000 for emergency medical expenses and an immediate lump-sum payment of R1,500
• an accidental death benefit of R200,000 and R15,000 to cover burial expenses
• permanent disability cover of up to R200,000 (the amount depends on the severity of the disability)
• daily confinement payment – a daily amount for each 24-hour period of hospital confinement up to a maximum period of 30 days (the first 24 hours is not covered)
• lost or damaged passenger goods up to R2,500.

Note that there may be loopholes – for example, if it turns out that your driver wasn’t the registered Uber driver. Some consumers have also reported issues in securing the specified cover from Uber.

Injury insurance for Uber drivers

Uber drivers and delivery partners, Uber Eats, are covered for injuries sustained while working for Uber.

Depending on the circumstances of the injury, drivers may be entitled to medical treatment costs and loss of income cover.

The insurance covers drivers from the moment they accept a trip or delivery request until the trip or delivery is completed.

The cover is subject to certain limitations and conditions but all Uber drivers and delivery partners are covered automatically.