Uber Accidents and Passenger Injuries in South Africa: Can You Claim Compensation?

Uber vehicles can be hijacked, and passengers can be attacked or injured in road accidents. A number of such incidents have occurred in South Africa.

In this article, we cover:

• whether passengers can sue Uber for damages if attacked or hijacked
• compensation for passengers injured in Uber accidents, including:
  • Road Accident Fund compensation
  • Uber rider insurance
• injury insurance for Uber drivers
• steps to take if you’re involved in an Uber incident.

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

It is possible to sue Uber for damages in South Africa, including damages resulting from criminal actions by Uber drivers.

However, direct claims against the e-hailing service are relatively rare, and their success usually depends on whether negligence or contractual liability can be established.

In 2019, for example, a number of Uber users pursued a class-action lawsuit against Uber 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 seeking damages. Their legal representative argued that Uber had failed to provide a safe and reliable service, giving rise to a case of vicarious liability.

The fact that Uber drivers are independent contractors – not employees – adds complexity to any direct claim against the company.

While suing Uber has legal limitations, passengers may also have the option to lodge claims against the Road Accident Fund (RAF), the driver and/or relevant insurers.

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.

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

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

Uber rider insurance

A passenger injured in an Uber as a result of an accident, hijacking or attack may qualify for compensation under Uber’s insurance.  In South Africa, Uber is insured by AIG South Africa Limited and its Partner Injury Protection policy automatically covers passengers on-trip.

According to Uber, rider insurance coverage includes:

• up to R50,000 for emergency medical expenses, a maximum of R100,000 for ambulance costs 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 – R650 a day for each 24-hour period of hospital confinement up to a maximum period of 30 days.
• inconvenience payment of R1,500 for non-medical expenses following a period of more than 12 hours in hospital.

Note that there may be loopholes – for example, if it turns out that your driver wasn’t a registered Uber driver.

Injury insurance for Uber drivers

Uber delivery partners, including drivers for Uber and Uber Eats, are covered for injuries sustained while working for Uber through its Partner Injury Protection policy, underwritten by AIG Insurance.

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.

What should you do after an Uber accident?

1. Check for injuries and immediately seek medical treatment.
2. Report the incident in the Uber app and to the South African Police Service (SAPS).
3. Get the driver’s name and ID number, and the vehicle’s make, model and registration number.  
4. Take photos or videos of your injuries and the scene of the accident.
5. Consult a personal injury attorney for advice on submitting a RAF claim.

RAF time limits for claims

When the driver responsible for the accident is known, RAF claims must be lodged within 3 years of the date of the accident.

Claims involving hit-and-run accidents, where the identity of the driver is unknown, have a 2-year time limit.

Exceptions do exist. For more details, see our article on RAF claim periods.