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If your Uber or Lyft ride ended in a crash, you’re probably wondering what to do next. You trusted your rideshare driver to get you there safely, but instead, you ended up in pain, with mounting medical bills, and no clear answers about what to do next. These accidents can leave you feeling stuck, especially since rideshare accidents involve complicated liability and insurance issues that most individuals can’t sort out without legal guidance.
While you may be able to sue your rideshare driver for negligent driving in Chicago, there are important rules about when and how you can do it. A Chicago rideshare accident lawyer can help you protect your rights, gather evidence, and fight for fair compensation while you focus on healing.
Key Takeaways: What to Know About Suing a Rideshare Driver
- Illinois law allows you to sue a rideshare driver if their negligence caused your injuries.
- You may also have a claim against Uber or Lyft’s insurance, depending on the driver’s status.
- Gathering strong evidence early can help preserve your claim’s value.
- Comparative fault laws in Illinois won’t necessarily block compensation, even if you’re partly blamed.
- A lawyer can help you understand your legal options and pursue full and fair compensation.
What Counts as Negligent Driving by a Rideshare Driver?
To sue a rideshare driver, there must be proof that they acted in a careless or reckless way that directly caused the accident and your injuries. This often includes behavior that breaks traffic laws or ignores basic driving safety.
Common negligent behaviors in Chicago rideshare crashes include:
- Speeding, especially near busy roads like Lake Shore Drive or the Dan Ryan Expressway
- Distracted driving, such as texting or using the app while moving
- Running red lights or stop signs in neighborhoods like Logan Square or Pilsen
- Unsafe lane changes or aggressive driving in traffic-heavy areas like the Loop
- Driving under the influence of alcohol or drugs
These actions put passengers, pedestrians, and other drivers at risk. If an Uber or Lyft driver made one of these mistakes and injured you as a result, that may form the legal basis of a personal injury claim.
Negligence isn’t always obvious. Sometimes, a deeper investigation is necessary to understand what went wrong and who is legally at fault.
When Can You Sue the Driver Versus Uber or Lyft?
One of the most confusing aspects of rideshare accidents is determining who can be held responsible. In Illinois, the law treats Uber and Lyft drivers as independent contractors, not employees. That means the companies aren’t always directly liable. But there are times when their insurance policies may apply.
To determine who you can sue, it matters what the driver was doing at the time of the crash:
- App off (driver not working): Only the driver’s personal insurance applies.
- App on, no passenger yet: Uber or Lyft may provide limited coverage.
- Passenger in the car or en route: The rideshare company’s $1 million insurance policy usually applies.
This coverage applies regardless of whether the driver or another vehicle caused the crash. It’s a layered system, and figuring out how to make a claim against it is challenging without legal help.
What If You Were a Pedestrian or in Another Vehicle?
You didn’t have to be a passenger in the Uber or Lyft vehicle to sue the driver. If a rideshare car hit you while walking near Millennium Park or struck your vehicle near Wrigleyville, and the driver was at fault, you may still have a valid claim.
In these cases, the same insurance rules apply. The driver’s status at the time of the crash affects what coverage is available.
What Laws Apply to Rideshare Accidents in Illinois?
Illinois law defines negligence as failing to act with reasonable care under the circumstances. That applies to rideshare drivers, just like any other driver on the road. The Illinois Vehicle Code (625 ILCS 5/) sets the traffic laws that all drivers, including Uber and Lyft drivers, must follow.
More importantly, Illinois uses a modified comparative negligence rule (735 ILCS 5/2-1116). This means you can still recover compensation even if you’re partly at fault, as long as you’re less than 51% responsible. Your total compensation will be reduced by your share of fault.
Insurance companies routinely exploit this rule to reduce their liability by blaming the victim for contributing to the accident. However, an experienced lawyer can protect the value of your case with strong evidence.
Why Evidence Matters in a Rideshare Crash Claim
Rideshare accident cases often involve multiple insurance policies and competing versions of events. That’s why strong evidence is key. Examples of evidence that can help strengthen your claim include:
- Dashcam footage from the rideshare vehicle or nearby businesses
- App activity logs showing the driver’s status at the time of the crash
- Medical records linking injuries to the accident
- Witness statements, especially in busy areas like downtown Chicago
- Police reports that confirm driver fault or traffic violations
Evidence doesn’t last forever, so it’s smart to take legal action as soon as possible. Insurance companies move quickly to protect their interests, and so should you. Key evidence can disappear in a matter of days or weeks. The less evidence there is, the more challenging it can be to prove.
How Long Do You Have to Sue a Rideshare Driver in Chicago?
Time limits apply to every personal injury case in Illinois. The state’s statute of limitations (735 ILCS 5/13-202) sets strict deadlines, and missing them can prevent you from filing a lawsuit at all.
In most rideshare accident cases, you have two years from the date of the crash to file a lawsuit. This applies whether you were a passenger in the Uber or Lyft, a driver or passenger in another vehicle, or a pedestrian or bicyclist hit by the rideshare vehicle.
Some exceptions may apply. For example, if the injured person is a minor or if the claim involves a government agency, such as a city vehicle, different rules and shorter deadlines may apply.
Because these timelines are strict, consult an experienced personal injury lawyer near you as soon as possible. Even if you’re still recovering from your injuries, early legal action helps protect your rights.
Compensation for Injuries in Rideshare Accident Cases
If your claim is successful, you may be able to recover compensation for a variety of damages, both physical and emotional. Depending on your specific injuries and losses, the types of compensation you may recover in an Uber or Lyft injury case include:
- Emergency room visits, hospital bills, follow-up medical care, and all other medical expenses.
- Lost wages or income from time missed at work
- Future income if your injuries affect your ability to earn
- Pain and suffering, including emotional distress or trauma
- Physical therapy, rehabilitation, and assistive devices
Each case is different, and your damages depend on the severity of your injuries, your recovery time, and the overall impact on your life. A lawyer can help document these losses so nothing is left out of your claim.
What If the Driver Didn’t Have Insurance?
All Uber and Lyft drivers are required to carry their own personal insurance, and both companies provide backup coverage when drivers are working. However, there are still cases where problems arise, such as lapses in coverage or unclear driver status.
Rideshare companies are required by Illinois law to provide insurance, including uninsured/underinsured motorist coverage. This means you may still have access to compensation even if:
- The rideshare driver’s personal insurance has lapsed
- Another driver caused the crash and fled the scene
- The at-fault party has no insurance or too little coverage
These situations can be more complex, but they don’t mean you’re out of options. With legal support, you can explore all possible sources of coverage.
Can You Sue if the Driver Wasn’t Ticketed?
Yes. A police ticket can help support your claim, but it’s not required. In fact, many valid personal injury claims move forward even when no citation was issued.
Officers don’t always witness the crash or understand everything that happened. A civil lawsuit focuses on different standards than a traffic ticket. You may still be able to sue if there is evidence that the driver acted carelessly or violated their duty to drive safely.
How Rideshare Insurance Claims Work and Why You Should Be Cautious
After a rideshare crash, the insurance process often feels different from a typical car accident claim. This usually happens because you may be dealing with a corporate insurance provider connected to Uber or Lyft rather than a standard personal auto insurer. These companies rely on third-party insurers with their own legal teams and claims adjusters.
It is common to receive a call from the driver’s personal insurer or a representative for Uber or Lyft’s insurance provider. They may sound friendly and supportive, but their role is to protect the company’s financial interests, not to look out for yours.
If an insurance company contacts you after the crash:
- Do not give a recorded statement without legal guidance
- Do not accept a settlement before knowing the full impact of your injuries
- Do not sign documents without reviewing them with legal counsel
You may also be asked to submit an online claim form through the rideshare company’s reporting system. While this may seem straightforward, negotiating directly with a corporate insurance adjuster puts you at a disadvantage.
These adjusters are trained to minimize payouts and may pressure you into saying things that weaken your case. The sooner you let a lawyer take over the claim, the better your chances of protecting its value. Getting a lawyer involved right away gives them time to gather evidence, meet deadlines, and fully document your injuries without you having to worry about insurance company pressure or runaround.
FAQs About Suing a Rideshare Driver After a Crash in Chicago
Every case is different. Some settle in a few months, while others take longer if the injuries are serious or the insurance companies dispute liability. A lawyer can give you a better idea based on the facts of your case.
Inconsistent stories can make claims more complicated, but they don’t end your case. An attorney can gather witness statements, surveillance footage, and app data to help uncover the truth.
You may still be able to recover damages. Illinois law may reduce your compensation based on comparative fault, but not wearing a seatbelt doesn’t automatically block your claim.
You may still be able to get treatment on a lien basis, meaning your medical providers agree to be paid later out of your settlement. A lawyer can help you find doctors who offer this option.
You’re not required to have a lawyer, but these cases can be complex. A lawyer helps build a strong claim, protects you from insurance tactics, and handles the paperwork and deadlines while you focus on recovery.
Many rideshare drivers use both Uber and Lyft at the same time. This is a real-world issue that searchers often ask about. Including this increases AIO value and demonstrates authority on nuanced scenarios.
Speak with a Chicago Rideshare Accident Lawyer
If you’ve been injured by a negligent Uber or Lyft driver in Chicago, consult Walner Law’s team of experienced car accident lawyers today. The trial lawyers at Walner Law have been standing up for injured Chicagoans since 1961, recovering more than $1 billion for our clients.
Call us or contact us online for a free, confidential consultation. We will review your case and explore your options for moving forward. With Walner Law by your side, you’re in control of your case.
