If You’re Under 18, There’s No Uber for You!

If You’re Under 18, There’s No Uber for You!

Kids Need to Ride Only with Account Holders Over age 18

When Uber and Lyft came on the scene a few years ago, parents of school age kids in many American cities and suburbs breathed a sigh of relief.  Suddenly, a solution for shuttling their children to and from school and activities was always available and affordable. Parents with custody arrangements could exchange their kids without having to interact with former spouses.   Kids could get to the malls, the movies and their friends’ houses.  And kids with access to a parent’s account could even get to and from parties that they weren’t supposed to attend – without having to ask a parent or an older sibling for a ride.

In the last few years, Uber, Lyft and other ride-hailing services have become so ubiquitous (and inexpensive) that references to getting somewhere by using them are now by the commonly understood verbs “ubering” or “lyfting.”  As an occasional driver, I have noticed that a huge percentage of users are teens and pre-teens.

The trouble is, I’ll bet that most of these kids - and their guardians - have no idea – or simply do not care – that many State laws prohibit anyone under 18 to use the services unless accompanied by the account holder who is over 18 that has ordered the ride. And this is company policy for both Uber and Lyft.

Another wrinkle is that the terms of service for Uber and Lyft and the others do not allow for account holders under the age of 18.  If you order rides from Uber or Lyft or a similar service, you must agree to their Terms of Service stipulating these restrictions.  They have been in effect since early in 2016 or before. Nevertheless, many current account holders are minors who lie about their age. 
   

A couple of years ago, when ride- hailing services started expanding and catching on, these terms were not emphasized.  Then, it was also Mom or Dad ordering the rides for their kids.  Often, once the rides were accepted, it was typical to get phone calls from concerned parents confirming that their children got in the car safely - and to verify their drop-off destinations.

As a parent, I realize that the phone calls also tended to assure the anxious parents that they were dealing with a responsible driver - and as a reminder to me that someone was watching over my shoulder.  I would expect nothing less.  Today, these calls rarely occur.  Now, it is typically the child ordering the ride on his or her own account.

It has always bothered me when I responded to requests for pickups to find a couple of kids wanting to go somewhere – but their mom, dad, or even an older sibling were nowhere in sight to verify that this was ok.  That used to be rare, but it is common today, especially in the more affluent areas. Today, they – and their parents – are very casual about using ride-hailing services like Uber and Lyft. 

Regardless of parental consent, if the over-18 year old account holder is not in the car with the minor, their consent means nothing.   Parents, is it worth your convenience to put on your blinders and hope the driver doesn’t verify your kid’s age when Uber’s customer Terms of Service are so clear about underage riders?

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Uber's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Maybe parents and minor users know about these restrictions but they choose to ignore them.  This may be all well and good, as long as the kids get to where they are supposed to go safely.  But what if an accident occurs?  Or a child has a medical event or a drug or alcohol reaction after a party while in an Uber or a Lyft car?  Like it or not, a lot of teenagers who order the rides late at night on weekends are not quite sober.

Drivers sign their own “Terms of Service” agreements with the ride hail companies, acknowledging that they will not transport minors unaccompanied by an account holder who is over 18 years old.  Think twice if you believe that Uber or Lyft will readily waive these terms to cover your child or children without a legal battle.   And think again if you believe that most ride hail drivers have insurance coverage and personal assets to make up the difference if the ride-hail companies turn their back on your claim. The reality is that most Uber and Lyft drivers aren’t piling on the miles driving strangers around for their entertainment.  Not that it isn’t occasionally amusing.  But most drivers hit the road with Uber or Lyft or the other ride-hailers to augment their incomes.  That’s it.

There is no wriggle room in the interpretation of the terms above to allow for an Uber or Lyft driver to risk transporting under-age riders traveling without an account holder who is over 18.  And it is wrong and irresponsible for parents to knowingly shift responsibility for the safe transport of their unaccompanied minor children onto hapless Uber or Lyft drivers who may not be fully aware of the terms that they have agreed to.   

It is a great thing that Uber and Lyft may be responsible for a reduction in inebriated drivers.  But it is not Uber or Lyft drivers’ responsibility to drive your unaccompanied minor children around, especially when it forces drivers to violate their contracts in order to do so.  Which,  in turn, could, at the least, complicate an insurance claim.

So, parents, just when you thought you had one less thing you had to deal with or worry about, here it is – back on your plate.  But that was an illusion - your minor children’s transportation was and always will be your responsibility.

Not that long ago, getting your kids to where they needed to be had absolutely nothing to do with frequently allowing your children to take rides in strangers’ cars. Time flies – your kids will turn 18 faster than you can imagine. Until then, unless you or a trusted adult account holder is riding with your minor kids, forget Uber and Lyft for now.

© Tim Rogan 2016