As the government works to establish a risdeshare policy, industry players say insurance must be a major component, citing passengers who have suffered serious injury while using the services.

“It’s a startling reality, I don’t think people understand the risk, and people need to take caution when they’re travelling and are using these ride-sharing apps,” said Managing Director of Complete Accident Support Limited, Deandra Chung Jones.

A certified occupational health and safety specialist and paralegal with over a decade of experience, Chung Jones cited a recent case of a woman who sustained neck injuries after her rideshare vehicle crashed and both front airbags deployed.

“When she reached out to that driver, he said, ‘do not call my phone’, and she was blocked. So just imagine, all she has is an image and perhaps the first name and her destination map. That’s all,” Chung Jones told Observer Online.

One of Chung Jones’ main concerns is that some international rideshare apps that are accessible in Jamaica do not have offices on the ground, making it difficult for injured parties to even make claims in the event of an accident.

“If you are to say, okay, you want to explore the option of making a claim to their overseas based company… now you’re forced to retain an overseas attorney, and what may come into play is jurisdiction issues… if you have to engage an attorney in the States to offer your service or for consultation, you’re looking at a couple of hundred thousand Jamaican dollars converted to US just for consultation,” she explained.

Even if travellers make a claim with rideshare companies, private carriers who suffer loss while providing the service could find themselves out of local insurance.

“When you’re insuring your vehicle, you have to state the purpose for which you are using the vehicle. If you use the vehicle outside of that purpose, it voids the insurance,” a representative of the Insurance Association of Jamaica (IAJ) told Observer Online. “So, if you take a private vehicle and use it for commercial reasons, that voids the insurance on it, and there is no claim that can be made under that.”

The IAJ representative maintained that carrying a friend or picking up someone on the side of the road out of goodwill did not violate insurance clauses in the same way.

“You’re allowed to take persons with you, that’s not a restriction. As long as it’s not for profit, then that’s covered, and usually at the very minimum, you’re required to have third-party coverage, which would cover persons outside of yourself,” she said.

Both women agree that some of the onus should be on international rideshare companies to ensure that their drivers and riders are covered with some level of insurance.

“Of course, they should have a policy here, and it’s not limited to those international [rideshare] companies. There are many nationals that come to Jamaica and set up shop and operate, and the moment something happens, they disappear. And too often, Jamaicans are left with the burden to pick up the pieces,” Chung Jones said. “I implore the government, insurance is a must and should be top priority. Or those international bodies can collaborate with local insurance companies to have a separate arrangement, you know, for persons who sign on to these apps.”

A 2021 partnership between Guardian Group and Uber provides coverage for lessor partners [Uber drivers] using the app in Jamaica. According to Uber, this covers passengers and third parties who may have been affected in an accident caused by a lessor partner [uber driver] subject to the applicable policy limit.

It also covers occupants of the vehicle during a leasing taking place via Uber’s app, to include death, permanent loss of a limb, and medical expenses, subject to the applicable policy limits.

This differs from taxi drivers using Uber, who must use the local insurance covering their vehicles.

When Observer Online queried the process for making a claim after an accident, representatives at Guardian Group indicated that they were unauthorised to speak on the matter.

Rideshare app inDrive says it provides coverage internally via MIC global.

Currently the government maintains that it is illegal for private carriers to use their vehicles to operate as rideshare drivers, however the practice continues and has become interwoven in the transport landscape.

The government has not confirmed whether it will create a special licence designation for rideshare drivers, which has been proposed by many stakeholders. Should the government decide to do so insurance adjustments would have to be made.

It’s the hope of the IAJ that the government will consult with insurance companies as they continue to draft the rideshare policy.

“I certainly hope that they [consult with us] because our companies would be a major part of this, so I am hoping that they see it as such and invite us to the table for this kind of conversation; it’s important,” the IAJ representative said.

In the meantime, citing the complicated insurance process for overseas companies, Chung Jones says Jamaicans may want to consider just using local carriers.

“The ride-sharing companies in Jamaica, you could give them the benefit of the doubt that they have their house in order [so] that should an unfortunate situation happen, at least you have somewhere to turn to.”

Added Chung Jones: “You know, with the advent of these ride-sharing apps and the use of private vehicles, it is an indication or a call on these existing companies to expand their fleet and perhaps a type of vehicle so it would encourage people more to want to use their services and to travel in luxury and comfort.

“So the question is, are ride-sharing apps safe in Jamaica… many [drivers] are saying we’re not PPV vehicles, in addition to that, they’re saying, oh, the government wants a piece of the pie…We understand that. But we have to understand that there are risks that come with unregulated businesses and serious risks too, not only for the passenger, but for the driver themselves, anything can happen in the line of offering your service, and it’s very challenging in terms of the next step to get up and running,” she added.

When Observer Online spoke to rideshare drivers who operate private vehicles, they indicated overwhelming willingness to register, as long as they could do so under a designation specific to rideshare drivers, without having to convert their vehicles to Public Passenger Vehicles or ‘red plates’.