Jessika Nilsson is suing Uber in the Netherlands after receiving a paltry R43 refund from the e-hailing giant after suffering life-threatening injuries in a Cape Town accident on 5 March 2019.
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Nilsson, who spent a week in an intensive care unit (ICU), claims that Uber committed ‘gross company negligence’ for which it should apologise.
An Uber spokesperson told News24 that the company ‘deeply regrets this incident’ and has spoken with Nilsson and her family several times, pointing out compensation options through Uber’s insurer.
The incident occurred in Cape Town, where Nilsson’s Uber driver missed a red light by a few seconds. She stated that the driver was unable to produce a driver’s licence and was operating a vehicle that did not meet Uber’s vehicle age requirements.
Nilsson, who has business interests in South Africa but was born in Germany and now lives there, said she took a quick Uber ride in early March of this year because her car needed to be serviced.
When the vehicle arrived, she stated that she had completed all of the checks that Uber encourages riders to perform. The driver was the same person as shown on the app, the number plate matched the plate displayed on Uber, and the vehicle was a Volkswagen, as described in the application.
She stated that the seatbelt did not immediately buckle because it had been used frequently.
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On the way, the Uber vehicle collided with a Nissan Nevara bakkie on Buitenkant Street. Nilsson claims the Uber driver ran a red light for several seconds, resulting in the accident.
She stated that the accident resulted in five broken vertebrae, a broken sternum that put pressure on her heart, and internal bleeding. Nilsson was taken to the intensive care unit, where she remained for a week. She spent a further week in a general ward.
Nilsson stated that she had a good medical aid policy that covered some of her medical expenses but not all of them, so she had to pay for some of the procedures herself. While she is currently undergoing physiotherapy, she admits that she may face a lifetime of medical expenses.
Nilsson’s brother contacted Uber via Jessika’s profile to report the incident while she was in ICU. The Uber representative informed him that the matter was being escalated. The following message apologised for the incident and stated that ‘Uber would not expect you to pay for an experience like the one you have described here.’
Uber refunded Nilsson’s R43 trip fare.
In response to a complaint about the vehicle’s condition, an Uber support agent stated that they were ‘disappointed to hear that this vehicle did not meet the quality standards you have come to expect from Uber.’
While still in the ICU, Nilsson organised a team to investigate the incident.
They were able to determine that the vehicle was a 2012 Volkswagen owned by an individual who had a large fleet of other vehicles.
Uber implemented a new rule in South Africa in recent months requiring all vehicles on its platform to be less than three years old.
In other words, according to Uber’s official rules in South Africa, only vehicles manufactured in 2021 or later will be eligible to drive on the platform in 2024.
In addition, Nilsson claims that the vehicle did not have a valid e-hailing permit and was not insured.
Nilsson also expressed concern about the thoroughness of Uber’s background checks on the driver.
She claimed that Uber’s failure to prevent a driver who did not meet so many requirements from operating on the platform demonstrated ‘gross company negligence’ on the part of Uber.
Nilsson said she is taking Uber to court in the Netherlands over the incident.
Uber B.V. is a Netherlands-based Uber company that owns and operates the Uber app in South Africa. Uber South Africa handles some of Uber’s marketing and administrative duties in the country.
She explained that Uber is currently being given time to try to resolve the matter internally, as Dutch courts prefer to see that attempts to reach an agreement between parties have been exhausted before filing suits.
Nilsson stated that she believes Uber should be held accountable for the accident in order to prevent similar incidents in the future.
She said that Uber can’t get away with making promises to its users about the quality of its vehicles and then not live up to them.
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In response to questions from News24 about the incident, an Uber spokesperson said they deeply regretted the handling of the incident and expressed heartfelt sympathy for the victim.
The statement said that the company won’t comment further on the matter in the media given the impending legal action.
Uber has argued numerous times around the world that drivers on its platform are independent contractors, not employees. This has helped the company avoid responsibility for its drivers’ actions.
Nilsson denied that Uber had spoken to her family. She stated that she was called back by an Uber representative a few weeks after leaving the hospital, who laughed when she mentioned that she was preparing legal action.
Nilsson stated that she did not attempt to file a claim with Uber’s insurance partner because she believes she will not receive a payout due to her health insurance claim. She also stated that it would be a ‘concession’ to Uber to fight for an insurance claim capped at R50 000 after her life had been destroyed.
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Picture: Misha Jordaan / Gallo Images