Filing a Lawsuit After an Uber or Lyft Accident in Illinois
Yes, you can file a lawsuit after an Uber or Lyft accident, but the process is different from a standard car crash claim.
Your ability to recover compensation depends entirely on the driver’s status at the exact moment of the crash—were they offline, waiting for a ride request, or actively transporting a passenger?
Each scenario triggers a different layer of insurance, and rideshare companies and insurers will scrutinize every detail to minimize their payout. An experienced Uber and Lyft accident attorney in Palatine, Illinois, can help you navigate these complexities and fight for the compensation you deserve.
If you have a question about an accident involving a rideshare vehicle, call Vito & Dollenmaier Law for a straightforward conversation about your situation at (224)539-8821.
Why Are Uber and Lyft Accident Claims So Complicated?
The Core Issue: Are Drivers Employees or Independent Contractors?
Uber and Lyft classify their drivers as independent contractors, not employees. Simply put, this classification is the company’s primary legal shield. It allows them to argue they are not directly responsible for a driver’s negligence in the same way a trucking company would be for its employee driver. This concept of holding employers accountable is called vicarious liability.
This classification means drivers are not entitled to the same benefits and protections as employees, such as minimum wage, health insurance, or workers’ compensation. The legal battles over this classification are ongoing. Challenges in states like California and Massachusetts are ongoing, but as of yet, the status quo remains in effect.
A Puzzle of Insurance Policies
Unlike a typical car accident with one or two insurance policies, a rideshare accident may involve three or more. The driver’s personal auto insurance almost always denies claims if the driver was working for Uber or Lyft, as standard policies have a “business-use exclusion.”
Uber and Lyft provide their own corporate policies, but the amount of coverage available changes depending on what the driver was doing at the time of the crash. This system creates gaps and disputes where insurers may point fingers at each other, delaying your claim.
The Rise in Rideshare Accidents
The convenience of ridesharing has come at a cost. Research from the University of Chicago has linked the presence of Uber and Lyft vehicles to an approximate 3% increase in annual traffic fatalities, which equals about 987 deaths each year. Between 2017 and 2018, Uber vehicles were involved in 97 fatal crashes that resulted in 107 deaths.
Who Pays for Your Injuries? Unpacking the Three Insurance Scenarios
The amount of available insurance coverage hinges on one simple question: What was the driver’s status in the Uber or Lyft app when the accident happened? We will investigate the driver’s digital records to confirm their status and pinpoint which policy applies to you.
Scenario 1: The Driver’s App is Off (Offline)
What it means: The driver is not logged into the rideshare app and is driving for personal reasons.
Whose insurance applies: The driver’s own personal auto insurance policy is the primary source of coverage. In this situation, Uber or Lyft will deny any involvement or liability. The claim proceeds like a standard car accident case, but it’s important to confirm the driver was truly offline and not waiting for a ride request.
Scenario 2: The App is On, and the Driver is Waiting for a Request (Period 1)
What it means: The driver is logged in and available to accept a ride but has not yet been matched with a passenger.
Whose insurance applies: This is where it gets more complex. The driver’s personal insurance will likely deny the claim. Uber and Lyft are required by Illinois law to provide contingent liability coverage during this period.
The coverage limits: The Illinois Transportation Network Providers Act sets minimums for this period, which include:
- $50,000 per person for bodily injury.
- $100,000 per accident for bodily injury.
- $25,000 for property damage.
Our role: We ensure the rideshare company accepts responsibility for this period and doesn’t wrongfully push liability back onto the driver’s personal insurer.
Scenario 3: The Driver Has Accepted a Ride or is Transporting a Passenger (Periods 2 & 3)
What it means: The driver is on their way to pick you up or you are already in the vehicle.
Whose insurance applies: This is when the highest level of coverage is triggered. Both Uber and Lyft must provide a $1 million commercial liability policy.
What this policy covers:
- Bodily injury and property damage: Up to $1 million for all damages caused to others, including you (the passenger), pedestrians, or people in other vehicles.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: This policy also includes coverage if the at-fault driver was another vehicle that was uninsured or fled the scene (hit-and-run).
This $1 million policy is the primary source of compensation for your medical bills, lost income, and pain and suffering. We pursue the maximum compensation available under this policy.
What If the Rideshare Company’s Insurance Isn’t Enough?
A $1 million policy sounds like a lot of money. But what happens when multiple people are seriously injured?
In a multi-vehicle crash with severe injuries, that $1 million is exhausted quickly when divided among several victims. While average settlements can vary, cases with major injuries typically far exceed $100,000 per person. If three people have claims of $400,000 each, the $1 million policy limit won’t cover everyone’s losses.
Your Own Auto Insurance Policy Might Provide a Lifeline
This is where your own car insurance policy may become a source of recovery, even if your car was parked at home. We will review your personal auto insurance policy for two specific types of coverage:
- Underinsured Motorist (UIM) Coverage: If your damages exceed the at-fault driver’s policy limits (including the $1 million rideshare policy), your own UIM coverage may pay the difference, up to your policy limit.
- Medical Payments (MedPay) Coverage: In Illinois, MedPay coverage might help pay for your initial medical bills regardless of who was at fault, providing immediate financial relief while the larger liability claim is pending.
Don’t Assume You Have No Other Options
Before you speak with any insurance company, let us review all applicable policies—the rideshare company’s, the other driver’s, and your own. We look for all possible sources of recovery to ensure you are not left with unpaid bills.
What Steps Should You Take From Home to Build Your Case?
1. Preserve All Digital Evidence
- Do: Take a screenshot of the ride details in the Uber or Lyft app immediately. This includes the driver’s name, vehicle information, and the trip route.
- Don’t: Delete the app or your account.
2. Document Your Injuries and Their Impact
Pain isn’t always immediate. Some injuries, like whiplash or a concussion, may have delayed symptoms that appear hours or even days later.
- Seek medical attention: Even if you feel okay, get a medical evaluation. This creates a record connecting your injuries to the accident.
- Keep a simple journal: Note your pain levels, medical appointments, and any days you missed from work. Describe how the injuries affect your daily life—from struggling to lift groceries to being unable to sit at your desk. This narrative helps demonstrate the full extent of your suffering.
3. Report the Accident to Uber or Lyft
Use the app’s help or support feature to officially report the accident, but be mindful of a few things:
- Be factual and brief. State that you were in an accident and were injured.
- Do not give a recorded statement or accept any small, immediate settlement offers from their insurance representatives. These early offers are an attempt to close your claim for a fraction of its true value.
4. Understand the Deadlines
Every state has a deadline for filing a personal injury lawsuit, known as the statute of limitations. In Illinois, you generally have two years from the date of the accident to file a lawsuit for personal injuries under 735 ILCS 5/13-202. If you miss this deadline, you lose your right to pursue compensation forever.
Beyond the Crash: Can You Sue Uber or Lyft for an Assault by a Driver?
Physical and sexual assaults by rideshare drivers are a disturbing and growing problem. Uber’s safety reports revealed 5,981 allegations of sexual assault in one two-year period, and another 3,824 reports in a later two-year period. These cases are legally challenging because the driver’s act is intentional, not accidental negligence. Uber and Lyft typically argue they are not responsible for the criminal acts of independent contractors. This leaves victims feeling like they have no recourse against the company that connected them with the attacker.
However, a lawsuit may be possible by arguing that the company itself was negligent. This involves investigating whether the company failed in its duties, for example:
- Negligent Hiring and Supervision: Did the company conduct a proper background check? Did they ignore previous complaints or red flags about the driver?
- Failure to Provide a Safe Environment: Did the company fail to implement reasonable safety features in its app or policies that could have prevented the assault?
Data transparency is another ongoing issue. For instance, California regulators have had to push for more public access to safety reports that companies previously sought to keep confidential.
Frequently Asked Questions About Filing a Rideshare Accident Lawsuit
What if the Uber/Lyft driver wasn’t at fault?
If another driver was at fault, you would file a claim against that driver’s insurance policy first. However, if that driver is uninsured or underinsured, the $1 million UM/UIM policy provided by Uber or Lyft during an active ride should apply to cover your damages.
How much is my rideshare accident case worth?
The value depends on several factors: the severity of your injuries, the total of your medical bills and lost wages, and the long-term impact on your life. While there are averages, every case is unique. We’ll give you a clearer picture after reviewing the details of your accident.
What is the Illinois “modified comparative negligence” rule?
This rule, found in 735 ILCS 5/2-1116, means your compensation can be reduced by your percentage of fault. If you are found to be more than 50% at fault for the accident, you cannot recover any damages in Illinois. Insurance companies investigate for any evidence to argue you were partially at fault; our role is to ensure no blame is unjustly assigned to you.
Do I have to go to court?
Most personal injury cases, including those involving rideshare accidents, are settled out of court. However, we prepare every case as if it will go to trial. This positions us to negotiate from a position of strength and be ready to litigate if a fair settlement cannot be reached.
Take Control of Your Recovery with Vito & Dollenmaier Law
The moments after a rideshare accident are confusing. You’re focused on healing, but the pressure of dealing with powerful corporations and their insurers is intense. You do not have to handle it alone.
Understanding your rights is the beginning of regaining control. Let our firm, guided by an experienced personal injury attorney in Palatine, Illinois, handle the hassles of the legal process, from investigating the accident to pursuing the maximum compensation available under the law.
Focus on your recovery. We’ll focus on everything else.
Call Vito & Dollenmaier Law today for a no-obligation consultation at (224)539-8821.