Hiring a driver to attach a cab in Uber
I am hiring a driver to drive a tourist permit car attached with Uber (a taxi aggregator). As I have hired the driver through a local agent, I want to have a contract with the driver to ensure my limited liability in case of an accident (road) or a crime done by him.
How should I go about it?
Asked 2 years ago in Business Law from Mumbai, Maharashtra
If you are employing the driver you can have an employment terms and conditions with him or if you just want to have a contract with him for some specific purposes alone, you may draft an agreement on that lines. You may engage the services of a local lawyer to get an agreement drafted suiting your taste and legally tenable.
1) get police verification done of the driver
2) whether any criminal cases are pending against him?
3)if the vehicle is not insured owner would be liable to third party in case of accident
4) if the driver commits an offence of rash and negligent driving he would be liable
1. If the car is used to commit a crime the liability would fall squarely on the offender, but your car will be taken into custody.
2. You are at liberty to enter into an agreement with him to limit or extinguish your liability.
3. Get the contract drafted by a lawyer.
1. You can certainly enter into an agreement with the driver specifying his duties and responsibilities in consonance with the requirement of Uber,
2. You should also get an Indemnity Bond executed by the Driver indemnifying you from from any liabilities occurring due to accident and crime caused by him,
3. However, your liability towards the driver as your contractual employee will remain.