If you were injured as an Uber or Lyft passenger, or were struck by a rideshare driver, calling what happened an “accident” may not tell the whole story. Many of these crashes are preventable and happen because someone made an unsafe choice. If another person caused the crash, you may be able to recover compensation for your medical bills, lost income, pain and suffering, and other losses.
Rideshare cases can also involve complicated insurance questions because the coverage available may depend on what the driver was doing in the app at the time. An attorney can help determine what happened, which insurance applies, and where to pursue compensation.
Power Rogers, LLP is a Chicago personal injury trial firm that has recovered more than $6 billion for our clients. We represent people who have been seriously injured in motor vehicle and transportation crashes and offer free consultations on a contingency-fee basis.
Click here to schedule a confidential consultation or call our office at (312) 236-9381.
Key Takeaways
- Victims of Uber and Lyft accidents in Chicago may pursue compensation when a rideshare driver, another motorist, or a third party causes a crash through negligence, with recoverable damages potentially including medical expenses, lost wages, pain and suffering, and future care costs.
- Illinois rideshare insurance requirements depend on the driver’s app status, with at least $50,000 per person in bodily injury coverage while waiting for a ride request and at least $1 million in primary liability coverage after accepting a ride until the trip ends.
- Illinois generally allows two years from the accident date to file a rideshare personal injury lawsuit, although exceptions may apply, making it important to preserve trip records, app data, accident evidence, and insurance information as soon as possible.
Who Can Be Held Liable for an Uber or Lyft Accident in Chicago?
Uber and Lyft accidents can involve more than just the rideshare driver and the passenger. A rideshare vehicle may hit another car, be struck by another driver, or collide with a pedestrian or cyclist. In some crashes, more than one person or company may share responsibility.
Depending on what happened, potentially responsible parties can include:
- The rideshare driver, if speeding, distracted driving, an unsafe turn, failure to yield, or another driving error caused the crash.
- Another driver, if that motorist caused or contributed to the collision.
- Uber or Lyft, when the company’s own negligence contributed to the harm. For example, a claim may involve allowing a driver onto the platform despite a disqualifying driving history, failing to conduct required screening, or failing to act appropriately after receiving information that a driver posed a safety risk.
- Another third party, such as a vehicle manufacturer, government entity, or roadway contractor, when a defective vehicle or dangerous road condition played a role.
Determining who caused the crash is only part of the picture in a rideshare claim. The next question is which insurance coverage applies, and that can depend heavily on what the Uber or Lyft driver was doing in the app at the time.
How Rideshare Insurance Coverage Works in Illinois
If the Uber or Lyft driver caused the accident, the insurance available depends heavily on what the driver was doing in the app at the time. Illinois requires different levels of coverage depending on whether the driver was offline, waiting for a ride, or had already accepted one.
- The driver is offline. If the driver is not logged into the rideshare app, Uber or Lyft coverage does not apply. A claim against that driver would generally be made through the driver’s personal auto insurance policy.
- The driver is logged in and waiting for a ride request. During this period, at least $50,000 in bodily injury coverage per person, $100,000 per accident, and $25,000 in property damage coverage must be available. The driver’s own auto policy may provide that coverage. If it excludes rideshare activity or does not provide the required limits, the rideshare company must maintain contingent insurance at those amounts.
- The driver has accepted a ride. From the time the driver accepts a ride request until the trip is completed, at least $1 million in primary liability coverage must be in place. That coverage may be provided through a qualifying policy maintained by the rideshare driver, insurance maintained by Uber or Lyft, or a combination of the two.
Passengers also receive additional protection if another driver causes the crash. While a passenger is in the rideshare vehicle, the required coverage includes at least $50,000 in uninsured and underinsured motorist coverage, which may apply if the at-fault driver has no insurance or not enough insurance to cover the passenger’s losses.
These distinctions can directly affect how a rideshare accident claim is pursued and how much insurance may be available to pay it.
Why Choose Power Rogers, LLP for Your Chicago Rideshare Accident Case?
Rideshare accident cases can involve questions that do not come up in an ordinary car accident claim, including which driver was responsible, what the Uber or Lyft driver was doing in the app, and which insurance policy applies. Sorting through those issues early can make a significant difference in how the case is pursued.
Power Rogers, LLP has recovered more than $6 billion in verdicts and settlements for our clients since 1993. Our attorneys bring extensive experience handling serious motor vehicle and transportation cases, including cases that require substantial investigation, multiple insurance policies, and litigation when a fair settlement is not offered.
Our Chicago rideshare accident attorneys can help:
- Determine who is responsible and which insurance applies. We investigate how the crash happened, identify every potentially liable party, determine the rideshare driver’s app status, and evaluate the personal, rideshare, and other insurance policies that may provide coverage.
- Preserve and develop the evidence needed to support the claim. This may include trip records, app data, driver information, photographs, video, witness accounts, and other evidence that can help establish what happened.
- Document the full extent of your losses and pursue compensation. We gather the medical and financial evidence needed to show how the accident has affected you, negotiate with the insurers involved, and prepare the case for trial when necessary.
Our goal is to take the uncertainty out of the process by identifying where the claim should be directed, building the evidence needed to support it, and pursuing compensation that reflects the full impact of your injuries.
Click here to schedule a confidential consultation or call our office at (312) 236-9381.
What Damages Can You Recover Through a Rideshare Accident Claim?
Illinois law allows people injured through another’s negligence to pursue several categories of compensation, and a rideshare accident claim is no different in this respect.
Depending on the facts of your case, recoverable damages may include:
- Medical expenses, including future treatment and rehabilitation.
- Lost wages from time away from work during recovery.
- Reduced future earning capacity if your injuries affect your ability to work going forward.
- Pain and suffering.
- Disability, disfigurement, or loss of a normal life.
- Property damage to your vehicle or other personal property, where applicable.
- Wrongful death damages for surviving family members in cases involving a fatal crash.
The value of a claim depends on the severity and expected duration of your injuries, your future medical and financial needs, how the crash has affected your work and daily life, the insurance coverage actually available, and other losses specific to your situation.
What Should You Do After a Lyft or Uber Accident in Chicago?
The steps you take after an Uber or Lyft crash can affect both your health and your ability to pursue a claim. In addition to the usual steps after any serious crash, it can be helpful to preserve information showing that an Uber or Lyft driver was involved and what that driver was doing at the time.
Consider taking the following steps:
- Call 911 and seek medical attention, even if your injuries seem minor at first.
- Get the names, contact information, insurance details, and vehicle information for the drivers involved.
- Take photos or video of the vehicles, accident scene, visible injuries, license plates, and any Uber or Lyft identifying information.
- Collect contact information from witnesses if possible.
- If you were a rideshare passenger, screenshot your trip details, driver information, receipt, and any other relevant information shown in the app.
- Report the crash to Uber or Lyft if you were a passenger or otherwise have access to the trip through the platform.
- Keep copies of medical records, bills, and communications from insurance companies.
- Be cautious about giving recorded statements or accepting a settlement before you understand the extent of your injuries and which insurance coverage applies.
- Consider speaking with a Lyft and Uber accident attorney in Chicago if you suffered significant injuries, fault is disputed, or there are questions about which insurance policy should cover the accident.
Preserving this information early can make it easier to determine who was responsible and what insurance coverage may be available.
FAQs About Chicago Rideshare Accidents
Generally, Illinois law gives you two years from the date of the accident to file a personal injury lawsuit. Different deadlines can apply in certain circumstances, particularly if a government entity is involved in the crash, so it’s worth confirming your specific deadline with one of our attorneys rather than assuming the standard two-year period applies.
You don’t need to determine fault at the scene of the accident. An investigation may later show that the rideshare driver, another motorist, or multiple drivers share responsibility for what happened. Which insurance company ultimately pays your claim follows from that investigation and from the coverage actually available under the circumstances, not from an on-the-spot determination made at the scene.
Pedestrians and cyclists can also pursue claims when a rideshare driver’s negligence causes an accident, even though they were never inside the vehicle. The driver’s app status at the time of the crash can still affect which insurance coverage applies, so the same analysis used in passenger and other-driver cases generally applies here as well.
Power Rogers, LLP is located at 70 West Madison Street, Suite 5500, Chicago, IL 60602, inside Three First National Plaza in the heart of Chicago’s business and financial district. Our office is easily accessible for clients throughout Chicago and the surrounding area, and we’re available to meet with you to discuss your rideshare accident case.
Speak With a Chicago Rideshare Accident Lawyer at Power Rogers, LLP
Sorting out who caused your rideshare accident and which insurance policy applies shouldn’t fall entirely on your shoulders while you’re also trying to recover from your injuries. Power Rogers, LLP can investigate how the crash happened, determine what coverage is available under the circumstances, and pursue the compensation you may be owed for your injuries and other losses. Contact our firm today for a free consultation. We handle rideshare accident cases on a contingency fee basis, so there’s no upfront cost to find out where you stand.
