How to File an Uber Accident Claim in Illinois

With around 85,000 rideshare drivers in Chicago, Uber car accidents are unfortunately common. Our attorneys are here to help you file an Uber accident claim, whether that is through Uber’s insurance or the driver’s personal insurance.

Contact us today to schedule a free consultation about the Uber accident claims process.

Notify Uber of the Car Accident

The steps to take after an Uber accident are similar to those that you should take after any car accident, though there are a few additional components.

Notify Uber: You can do this on the Uber app, typically under “I was in an accident.” Follow the prompts, which may include sharing the date, time, location, and ride request invoice.

Screenshot the Trip Screen: As rideshare drivers are independent contractors, Uber’s insurance coverage applies only when the driver app shows they were waiting for a ride request or actively transporting a customer. Take a screenshot of the driver status or trip screen on the Uber app to show that this occurred during a trip.

Call the Police: Drivers are legally required to inform the authorities of any accident that results in a certain amount of property damage, causes a death, or results in serious injuries (625 ILCS 5/11-408). In Chicago, they must notify the police if a crash causes more than $250 in damage (9-56-010). Additionally, insurance companies will need proof to process your Uber accident claim. Call 911 and file a police report.

Gather Evidence: Take photos of the scene and your injuries. Request insurance information for all parties involved, including the rideshare driver. Get contact details for any witnesses so that your Uber accident attorney can follow up with them.

Seek Medical Attention: Insurers will attempt to claim that your injuries were not connected to the crash, and you may be seriously hurt without recognizing it. Visit the closest emergency room, such as UChicago or Rush University Medical Center, for a full evaluation. Request copies of your medical records.

Document Expenses: Track medical expenses and lost wages so that we can request fair compensation from the relevant insurance policy.

Track Your Recovery: To secure disability payments, you must show how your serious injuries have impacted your daily life. Document your pain levels, treatment plans, and difficulties you experience, such as trouble going down the stairs or engaging in physical activities.

Do Not Speak to Insurance Adjusters: Insurance companies do not have your best interest at heart, even if they ask questions about how you’re feeling. Rather, they are trying to diminish your claim or show that you were at fault.

How Does Uber Driver Status Impact Insurance Coverage?

Uber insurance coverage depends on the driving status at the time of the accident. These drivers are independent contractors, so accident claims are only covered when they are actively engaged in rideshare services.

Offline

Uber’s insurance policy applies when an Uber driver causes an accident while they are waiting for a ride or en route. If the app is off, then the driver’s personal auto insurance coverage applies.

Rideshare service drivers must carry the minimum liability coverage on their personal auto insurance. In Illinois, this is $25,000 per person or $50,000 per accident in bodily injury and $20,000 in property damage (625 ILCS 5/7-203).

Like all Illinois motorists, the driver’s personal auto insurance policy must include uninsured/underinsured motorist coverage (215 ILCS 5/143a-2). This is helpful if another driver was at fault but did not have personal auto insurance.

Accepted a Ride

Once a driver accepts a ride request, Uber’s insurance will offer $50,000 per person or $100,000 per accident in bodily injury and $25,000 per accident in property damage.

En Route With a Passenger

If the Uber driver was responsible for the accident, then Uber’s insurance provides up to $1,000,000 in third-party liability coverage. This is meant to cover property damage, medical expenses, survivor benefits, and lost income for passengers and other third parties involved.

Additional Coverage for Uber Drivers

Uber provides contingent, comprehensive, and collision coverage if the driver has these policies on their personal insurance. This will cover vehicle repairs up to the vehicle’s actual cash value, subject to a $2,500 deductible.

Some drivers choose to secure additional coverage, including optional personal injury protection that will cover medical expenses and lost income for themselves and their passengers.

What Damages Can Chicago Victims Recover in an Uber Accident Claim?

While Uber’s insurance is unlikely to provide the maximum compensation of $1,000,000, we will work to ensure all your needs are covered.

Medical Expenses

These are included in bodily injury liability coverage, and encompass:

• Emergency room visits
• Surgery
• Out-of-pocket expenses
• Insurance copays
• Medications
• Mobility aids
• Therapy

While you may have to pay some of these out of pocket, the insurance claims process typically involves subrogation. This means your health insurance will request reimbursement from the auto insurance company.

Lost Wages

The time you spend off work recovering can be included in your compensation. Additionally, if you experience future lost income due to disability, economists can assess this and estimate your damages.

Property Damage

This includes both vehicle damage and lost personal property, like broken phones or damaged clothing.

Physical Pain and Suffering

The Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital removed caps on non-economic damages in personal injury claims. We can use your personal testimony and expert witness testimony to address how the accident has affected your life.

Emotional Distress

Motor vehicle accidents often cause post-traumatic stress disorder, including fear of driving or flashbacks to the crash. By working with mental health professionals and psychologists, we can estimate your emotional distress and incorporate this into your compensation.

Wrongful Death and Survivor Benefits

In fatal Uber accident claims, the next of kin can secure wrongful death and survivor benefits. Wrongful death covers aspects like funeral and burial expenses, grief, and loss of companionship.

The Illinois Survival Act notes that a person’s estate can sue for compensation that a person would have been able to secure if they had not passed away (755 ILCS 5/27-6). This includes medical bills, lost wages, property damage, and pain and suffering.

How Long Do Victims Have to File an Uber Accident Claim in Illinois?

In general, victims have two years to file an Uber accident claim (735 ILCS 5/13-202). Fatal Uber accident claims also have two years (740 ILCS 180/).

How We Can Help Throughout the Uber Accident Claims Process

Chicago Uber accident lawyer is here to protect your best interests and negotiate with all parties involved so that you can focus on healing. Using evidence such as medical records, police reports, app data, and witness statements, we will establish liability. We’ll also show that the Uber driver was actively working at the time, which can force Uber’s insurance coverage to compensate you.

Given the multiple insurance policies at play, these claims may not be settled through negotiation. Uber’s insurer will push to avoid liability, while the personal insurer may claim the driver wasn’t covered because they were engaged in rideshare services.

We are members of the Illinois Trial Lawyers Association with a distinguished track record in the Circuit Court of Cook County. Through our strong evidence and skillful case representation, we can provide you with a better chance at receiving a fair verdict.

Book a Free Consultation

A Chicago motor vehicle accident lawyer is here to help you explore your legal options and understand your rights. Having secured over $450 million in favorable verdicts and settlements over the past 25 years, we have earned membership in the Million Dollar Advocates Forum, a prestigious community of high-stakes litigators who have won multi-million-dollar settlements.

We work on a contingency fee basis: no legal fees unless we win. Contact us today for a free case review of your Uber accident claim.