Liability clause: AUATON demands accountability from inDrive or risk mass driver exit

Following reports that inDrive is not liable for driver and rider safety, the Lagos State Council of the Amalgamated Union of App-based Transporters of Nigeria (AUATON) has demanded that inDrive explain what responsibility it takes or risk mass driver exit from the platform.

Read also: inDrive’s terms say it cannot be liable for the safety of drivers, riders and goods

In a statement signed by its Chairman, Comrade Jaiyesimi Azeez, the union said drivers deserve a clear explanation of the protections available to them when using the platform.

“inDrive should explain what responsibility it accepts when incidents arise in connection with its platform, including where its own conduct may be involved. This is a demand for clarification and accountability, not a statement that liability has already been legally established,” the union said.

inDrive accused of taking no risks but reaping all the benefits

Technext examined inDrive’s Terms of Use and discovered that regardless of whatever happens before, during or after a trip, the company will not be liable or accountable to either its drivers or passengers. The terms, written by its legal team, have already been consented to by the thousands of drivers and riders who use the platform.

In other words, if any incident happens during the trip, even if it leads to theft, loss of property, harm, injury or even death, the company is not legally bound to be concerned.

The union wondered why a company that doesn’t provide vehicles or bear any operational costs or physical risk could still extricate itself from liability in any form. It also wondered about the extent of protection and support available to drivers if they suffer vehicle damage or injury, if they are robbed, or if a dispute arises from a trip arranged through the app.

“The big question is: does the platform want the benefits of our participation without accepting a fair share of responsibility? A ride-hailing platform cannot build its business on the daily activities of drivers and then expect drivers to remain silent about accountability, safety, welfare and fair treatment,” the statement reads.

The union went on to demand effective emergency response from the company, meaningful incident investigation, and appropriate cooperation with law enforcement. It also said inDrive must engage legitimate driver representatives and listen to concerns about safety, earnings, working conditions and welfare.

Finally, it warned drivers against accepting sweeping contractual provisions without understanding their implications and available remedies. It further pointed out that a disclaimer in a company’s terms does not automatically erase every legal responsibility it may have under Nigerian law, nor does the existence of such a clause establish that the company has no liability.

“The enforceability and effect of any clause depend on the applicable law, the contract, the circumstances and the facts of each case. Drivers should seek advice from a qualified Nigerian lawyer who can review the applicable terms and the specific facts of their situation,” the union said.