A BC Civil Resolution Tribunal case raised an interesting question regarding how car insurance works for Uber drivers.
The applicant in the case, Junjie Hu, is a driver for Uber Canada.
At some point during a trip with a passenger, a rock cracked his windshield, costing him around $1,956.22 for damages. He argued that Uber should be responsible for covering the repair cost.
On the contrary, Uber suggested that the company’s insurance policy does not cover damage, and drivers are responsible for their own repairs. Uber asked the tribunal to dismiss the case.
On July 15, 2023, Hu was giving a passenger a ride. While travelling down a BC highway, he heard a rock hit his windshield, leading to a crack. Hu reported the damage to Uber, which declined to cover it. He paid $1,956.22 out of pocket for the repair.
Hu tried to argue to the tribunal that Uber or its insurance should have covered the replacement cost.
Uber has a blanket commercial policy through ICBC, which says it does not cover comprehensive losses like windshield claims.
“Uber says that even if its policy did include comprehensive coverage, the windshield damage is below the $2,500 deductible,” the tribunal decision states.
After reviewing the insurance certificate, the tribunal agreed it did not cover comprehensive coverage. Uber added that under its agreement with Hu, it is not responsible for windshield coverage.
While Hu tried to argue that Uber breached their agreement, he couldn’t provide any evidence that windshield damage was part of the agreement. Ultimately, the case ended with the tribunal dismissing Hu’s claims against Uber.
Uber offers some information about how insurance works for drivers around Canada, with slight differences in every province. Here in BC, Uber says that a driver’s personal auto insurance will apply to a covered accident while using a vehicle for personal use and while driving on the Uber app “but prior to accepting a ride request.”
“Once you’ve accepted a ride request on the Uber app and you are en route to pick up the rider(s) or travelling with the rider(s), Uber maintains commercial auto insurance on your behalf. This Uber-purchased policy includes $2 million in third-party liability limits, as well as contingent physical damage coverage (subject to a $2,500 deductible).