inDrive Terms Shift Liability for Drivers and Passengers

inDrive’s terms of service state that the company is not liable or accountable for incidents involving its drivers, riders, or goods, regardless of what happens before, during, or after a trip.

Platform users assume the risk

According to the document, which thousands of drivers and riders consent to, inDrive is not legally bound to address harm, injury, theft, or loss of property that occurs during a service. The text makes no exception, including for accidents or death.

Section 11 of the contract, titled “inDrive’s Liability,” limits the company’s responsibility to the maximum extent permitted by law. The provision states that in no event shall inDrive be liable for any direct, indirect, punitive, economic, future special, exemplary, incidental, or consequential damages. This includes personal injury, emotional distress, and loss of data, revenue, or profits. The clause covers claims arising from contract, tort, or negligence related to the platform.

Another subsection clarifies that no partnership or agency relationship exists between inDrive and its users. The company states it is not responsible for the acts or omissions of any driver or passenger. Users must also waive all liability claims against the company for disputes with other users.

Section 11, titled “Indemnity,” further requires users to defend, indemnify, and hold inDrive harmless from any claims arising from their use of the platform or a breach of the terms, including reasonable attorneys’ fees.

Legal experts question the clauses

Tobi Adebowale, a UK-based legal practitioner, said inDrive is essentially shifting all risk to the driver. He explained that if a rider sues inDrive and the driver, the driver would bear the legal costs and pay the company’s expenses. This approach denies responsibility for issues arising on the platform.

Most service providers typically accept liability for their own negligence or fraud, Adebowale noted. He contrasted this with the terms of Bolt, which caps liability at N700,000 and accepts responsibility for losses arising from the company’s negligence, including death and personal injury.

Courts often intervene to ensure fairness in contracts where one party drafts the terms and the other must accept them. A court is unlikely to uphold the indemnity provision in the event of death, especially where there is evidence the company had some responsibility, directly or indirectly, for the incident. Drivers and users of these platforms shouldn’t assume they have no rights just because the terms say so. It may be difficult to read the terms before using the services, but in the event of a dispute with the company, it is best to consult a lawyer before having a conversation with the company, Adebowale advised. Technext contacted an inDrive spokesperson but has not received a response as of publication.

Bolt’s liability limits and negligence acceptance

Bolt’s liability provisions differ from inDrive’s terms. The document caps the company’s maximum aggregate liability at Naira Seven Hundred Thousand. This cap applies regardless of the number of claims or events giving rise to liability. This includes death, personal injury, and other lawful harm.

Specific losses are covered under this negligence clause. Bolt takes liability for property damage, monetary loss, loss of profit, and business interruption. The platform also assumes responsibility for loss of revenue, contracts, goodwill, reputation, and anticipated savings. The terms expressly cover any loss arising from the interruption or use of its Platform.

Implications for users

The implications of inDrive’s terms of use are significant for users, who may be left with limited recourse in the event of an incident. However, the terms do not preclude liability imposed by law.