If you have ever considered using your vehicle for UberX, it is important to consider the insurance implications of this popular service. Most critically, if your vehicle is being used as part of the UberX program, please know that there is currently no protection available under a personal automobile insurance policy in Ontario. While the popularity of UberX cannot be denied, this lack of insurance protection can put UberX drivers and vehicle owners at significant financial risk.
In order for a private passenger vehicle to carry passengers for a fee (eg. Taxis, UberX, etc.), current legislation requires that the vehicle be licensed appropriately for that use. This does not apply to typical carpooling, where a driver carries fellow employees to or from work for compensation in the normal course of their commute.
If your vehicle does not have a special license to carry passengers for compensation (other than carpooling), then doing so constitutes a use of the vehicle that is not considered legal under Ontario auto legislation. Auto insurance policies do not respond to ‘illegal’ use of a vehicle, therefore, until legislation offers a licensing alternative for UberX, personal auto insurance policies are unable to accommodate UberX operations. If a vehicle has a special license to carry passengers for hire, then the vehicle may be insured for this operation under a commercial auto insurance policy.
Uber has confirmed that they carry an insurance policy, but the exact protection it provides is not clear and Uber does not make the coverage wording available to the public. While commenting that their policy provides contingent coverage for claims of bodily injury or property damage to third parties, Ian Black, General Manager of Uber Toronto, states: “Your personal insurance is primary coverage when driving uberX.” As noted above, a personal auto insurance policy is not applicable to UberX drivers, presenting potential coverage gaps when the Uber policy is based on the operator’s insurance as primary coverage.
We cannot emphasize enough that the use of your personal vehicle for UberX activity may lead to serious financial distress should an accident occur. Because your personal automobile insurance policy will not respond, any costs associated with vehicle damage, injury to yourself or passengers, or injury or damage to the property of a third party will likely be entirely the responsibility of the UberX vehicle owner or driver.
Passengers of UberX vehicles should also be aware – if the automobile they enter does not carry appropriate insurance, it is unclear what Accident Benefits coverage they can call upon if they are injured in the vehicle.
Despite its controversy, UberX and comparable services are here to stay. At least one major Insurer has already committed to working with Uber to create coverage to meet the needs of its drivers. However, until the government provides clarity with respect to licensing and insurance, please do not operate your vehicle as an UberX driver.
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