How to File an Uber Accident Lawsuit in Illinois

After a crash occurs on major Chicago streets like Lower Wacker or Wabash, you need a qualified personal injury attorney to help you file an Uber accident lawsuit.

Through careful investigation, we’ll determine Uber’s liability and which insurance company covers the claim based on the Uber driver’s status at the time of the crash.

We understand that Uber claims can be complex and overwhelming. Contact us today to schedule a free consultation with one of our experienced attorneys.

When to File an Uber Accident Lawsuit Instead of an Insurance Claim

Our personal injury lawyers typically begin with an Uber accident claim before filing a rideshare accident lawsuit. This is a negotiation with an insurance carrier, such as Allstate or Progressive, to seek a fair settlement for your damages.

However, insurers will fight to avoid paying fair compensation to rideshare accident injury victims. They may offer a lowball offer and refuse to negotiate. In other cases, they will argue that because Uber drivers are independent contractors, the driver’s personal auto insurance should pay damages.

These offers may not be sufficient to cover serious injuries, necessitating a personal injury lawsuit against Uber.

Our firm will sue Uber in the Circuit Court of Cook County, establishing negligence and Uber’s direct liability. Under HB 2231, rideshare companies such as Uber are classified as common carriers, making them legally equivalent to taxi or bus services. This means Uber’s legal counsel cannot argue that the company is merely a software or app.

What Are the Statutory Limits for Insurance Coverage in Illinois?

Because rideshare services are now classified as common carriers, Uber insurance coverage requirements are governed by the Transportation Network Providers Act (625 ILCS 57/).

There are three periods when Uber’s insurance covers its contractors.

Waiting for Request (Period 1): If the Uber driver is waiting for a ride request, then Uber is required to provide $50,000/person or $100,000/accident for bodily injury and $25,0000/accident in property damage.

Active Trip (Periods 2 and 3): When the driver is en route or actively transporting Uber passengers, then a $1,000,000 commercial liability policy covers Uber passengers and third parties.

When the app is off, then the Uber driver’s personal insurance must cover any damages. Given that personal auto insurance minimums are only $25,000/person or $50,000/accident for bodily injury, this is often not enough to cover a victim’s needs (625 ILCS 5/7-203).

Lawsuits are often necessary to establish the driver’s status at the time of the crash. Uber may refuse to share app records or Uber vehicle reports for a standard rideshare accident claim, but we can file subpoenas with the Circuit Court of Cook County to compel their production.

Are There Sources of Compensation Beyond Uber’s Insurance Policies?

Other forms of compensation depend on the circumstances of the crash. If someone else’s negligence contributed to the accident, you may be able to use their insurance to obtain full compensation.

The Illinois Joint Tortfeasor Act allows you to seek damages from more than one party if they had a significant level of liability (740 ILCS 100/2).

However, under the Illinois Supreme Court case Laue v. Leifheit, all these claims must be consolidated into a single lawsuit rather than pursued separately. This means you must work with a skilled attorney who can identify all liable parties before suing Uber and others.

What Damages Can Illinois Victims Recover Following a Car Accident Involving Uber?

Our team will work to secure a fair settlement that encompasses all your damages. These include both economic damages, for financial losses, and non-economic damages, for emotional and social losses.

Medical Expenses

It’s crucial to visit a hospital, such as UI Health or Rush University Medical Center, as soon as possible after an accident. This produces evidence connecting your injuries to the crash. An experienced attorney can use these medical records and expert testimony to help ensure your medical expenses are covered. These can include:

• Emergency room treatments
• Surgeries and outpatient procedures
• Inpatient hospital stays
• Doctor’s follow-up visits
• Out-of-pocket expenses like medications and copays
• Mobility aids like canes or walkers
• Outpatient treatments like physical therapy

Lost Wages

You should secure evidence of your time off work, like pay stubs and doctor’s notes, to verify your lost wages during your recovery period.

Some individuals suffer life-changing injuries after an Uber crash that make it impossible to return to their previous work. Our team will work with economists who can estimate your future lost income.

Property or Vehicle Damage

You may receive compensation for vehicle repair or replacement. If your car is considered totaled, then you can receive up to its actual cash value.

Expenses for personal property like phones, bags, laptops, and clothes can also be incorporated into a personal injury claim.

Non-Economic Damages

A traffic accident can be traumatic and painful in numerous ways. Our legal team will incorporate these costs into your demand letter, including pain and suffering and emotional distress. Personal narratives and expert testimony from life care planners can substantiate these claims.

Wrongful Death Damages

For fatal accidents, the next of kin can secure damages for funeral and burial expenses, grief, loss of companionship, and loss of consortium. The Illinois Survival Act allows estates to claim damages that the person could have recovered if they survived, such as medical costs or lost income (755 ILCS 5/27-6).

How Our Law Firm Can Help You Recover a Fair Uber Accident Settlement

Our Chicago Uber accident law firm will act promptly to file a lawsuit before the two-year personal injury statute of limitations expires (735 ILCS 5/13-202). We will thoroughly investigate your claim and prove Uber’s liability through evidence such as cell phone records, app history, and legal precedent.

As members of the Million Dollar Advocates Forum, we have secured multi-million-dollar settlements for rideshare accident claims, including Uber accident settlements. These are some of our most high-stakes claims.

$4,000,000: Mia was a passenger in a rideshare vehicle, on her way home to her Cicero Avenue apartment. The driver ran a red light and was T-boned by a large commercial truck, killing Mia instantly. We filed a wrongful death suit on behalf of her family.

$2,800,000: Albert was walking along Sheridan Avenue when a rideshare driver veered onto the sidewalk. He suffered significant orthopedic injuries and could not return to his job as a chef.

$1,680,000: John was a motorcyclist enjoying a summer day along Wabash Avenue when a driver working for a rideshare service was trying to drop off a customer. He slammed into the side of the car and suffered a mild traumatic brain injury.

Secure Expert Legal Representation

Our motor vehicle accident law firm has been recognized as a Super Lawyers®-rated firm thanks to our compassionate legal advocacy. With a perfect 10/10 AVVO rating, we have a 98% success rate and have secured over $450 million for our clients during the last 25 years.

We provide legal counsel on a contingency fee basis: no legal fees unless we win. Contact us today to schedule a free consultation with an experienced lawyer ready to protect your rights.