Q2. Are Uber drivers and passengers insured?
Since a third party insurance would only cover passengers or other third parties, Uber drivers may not be insured.
Most motor vehicle drivers in Hong Kong have purchased third party insurances, since it is a legal requirement under Section 4(1) of the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272).
Despite the fact that Uber is not legal in Hong Kong, insurance company may nevertheless provide compensation to the victims injured in the accident pursuant to the third party insurance. However, whether the injured would ultimately be compensated depends on the terms of the insurance contract and the illegality of Uber might be a factor weight against the covering of insurance.
In the event that, the third party insurance does not cover the injury of the passengers of a Uber car, the passengers might only have a cause of action of negligence against the Uber driver.