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 3. Insurance


INSURANCE COVERAGE CLARITY HELPING TO ADDRESS RIDESHARE-RELATED INJURY CASES,
SAYS JASMINE DAYA



Lack of clarity on coverage caused lawyers to avoid accident cases involving
rideshare apps

Jasmine Daya, Jasmine Daya & Co
BY Aidan Macnab 12 Feb 2024
Share


On March 15, Uber will have been in Toronto for 14 years. Jasmine Daya, a
personal injury and insurance law lawyer and managing principal of Jasmine Daya
& Co., says that when ridesharing apps first emerged, they were not properly
insured because their business model was a totally new concept.

Initially, when personal injury lawyers took on a case involving a rideshare
vehicle, it was not clear if the insurance company insuring the vehicle would
honour the policy if it knew the driver was using it for a rideshare service,
which would require special insurance. The lawyers also did not know which
insurance company insured which app and had to call the various insurers and ask
if they insured the vehicle.

“There would be hoops and hurdles for us to jump through,” she says.
“Oftentimes, we found that the insurance would not cover the driver of the
vehicle that our clients were injured in.”



The situation was so difficult that some lawyers would simply avoid cases
involving a rideshare vehicle because they did not want to “waste time and
energy on it,” says Daya. This left accident victims “in the wind,” she says.

“It was a very unfortunate situation because our job is to help those in their
time of greatest need, which is when they're involved in a motor vehicle
accident. That's why personal injury lawyers are supposed to be doing what they
do to protect those injured individuals.

“When I heard that there were lawyers out there that just did not want to deal
with it, it was quite upsetting. The trend that I've seen now, thankfully, is
that we don't see that anymore.”

In recent years, the Financial Services Regulatory Authority of Ontario (FSRA)
has approved an auto-insurance product for ride-sharing companies. While lawyers
did not previously know which insurer worked with which app, that information
can now be found easily on FSRA’s website. For example, if the accident involved
an Uber driver, Economical Mutual Insurance Company insures Uber. Aviva
Insurance Company of Canada insures Lyft. There are 13 different ridesharing
apps listed on FSRA’s website.

Daya says there is oversight from the companies to ensure drivers are signed up
for the proper insurance policy with the right company.


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She says there are two main components to a personal injury case when someone is
injured in a motor vehicle accident. The first is accident benefits. Ontario has
a no-fault system, so everyone is entitled to benefits regardless of who is at
fault. The “priority rule” dictates that the passenger will go through their own
insurance company first if they need treatment because of the accident, such as
chiropractic therapy, physiotherapy, or massage. If the passenger does not have
coverage, they use the rideshare company’s.

The second component is the tort action. If the passenger’s injuries are severe
and permanent, the required treatment is greater than that provided in the
accident benefits policy, and they have lost income above the income replacement
benefit, they can start a tort action against the person at fault for the
accident.

“It could be the Uber driver. It could be the other motor vehicle involved. It
could be both,” says Daya. “Now, thanks to proper oversight, we know that
there's proper coverage, and we know that there is adequate coverage for our
clients.”


RELATED STORIES

 * Uber’s pitch to provinces about eluding Employment Standards Act, say lawyers
 * Firm warns lawyers: Careful what you say using a rideshare


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