Our Thoughts On Ride Share Apps For Claimant Transport

There has been talk lately about the utilization of ride share apps such as Lyft and Uber. It is the opinion of Comp-X as well as colleagues in risk management and the legal community that these programs should be avoided at all costs. Although these apps have many short term advantages, they pose a risk to both the insurance carrier and the claimant. Below are our major concerns with these applications.

  • Lack of control – over the driver, who does the transport, the type of vehicle or its maintenance.
  • Questionable insurance coverage
  • Questionable background checks
  • No HIPAA privacy training – a new trend in lawsuits involves HIPAA noncompliance & release of PHI. No
  • Medical Training – Especially important when working with claimants suffering from a TBI or other physical or cognitive limitations.

In an article written by Tom Kirshner of the Associated Press –

“When you catch a ride using Uber or Lyft, you do so at your own risk.

Under terms and conditions that riders agree to – but few read – at sign up, the app-based ride-hailing companies say they aren’t legally liable for the safety of their drivers or the quality of their services. That’s because the drivers are independent contractors, not employees.”

“Uber ‘does not guarantee the quality, suitability, safety or ability of third-party providers (drivers),’ its terms say. Riders also agree that the “entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you.”

For the AP article in full click here

Check out Uber’s Terms of Use here
Check out Lyft’s Terms of use here

We at Comp-X find this disturbing! These companies are selling a product with no responsibility as to the safety of the client or the quality of the service. Would you buy anything under these terms? That leaves the insurance carrier, its employees and contractors liable for any injuries, incidents or worse committed by the ride share drivers.

Click here for a list of reported incidents

The management of Comp-X has had a long standing policy of refraining from utilizing taxi cabs for transport. Comp-X will never engage independent contractors or use of ride share apps. Comp-X only contracts with fully insured and properly credentialed transportation companies.

We take full responsibility for the quality of our service, the safety of those in our care and if there should be a problem or incident, we will take full responsibility. That’s our pledge to you!

Food for thought.