How Is Uber Accident Liability Established in Illinois

With thousands of Uber drivers using major arterials such as Michigan Avenue and the Edens Expressway, crashes are common. Understanding Uber accident liability is essential to securing insurance coverage for your pressing financial needs.

Our attorneys will negotiate with all parties involved in an accident to secure a fair settlement, handling third-party communications so you can focus on healing. Contact us today for a free consultation about legal representation.

What Are the Challenges of Determining Liability for a Car Accident Involving Uber?

Illinois uses modified comparative negligence to determine liability in personal injury claims (735 ILCS 5/2-1116). This means that everyone involved in an accident is assigned a percentage of blame. If you are less than 50% responsible, you can make a legal claim, but you will not receive maximum compensation.

Because of this fault-based system and Uber drivers’ independent contractor status, Uber’s insurance company will attempt to shift blame. They may claim that other drivers were liable, or that the accident occurred when the Uber app was off.

However, the Illinois legal system has worked to remove these loopholes and hold Uber accountable for accidents caused by its drivers. A recent bill, HB 2231 (2023), removed the common carrier exemption for rideshare companies, meaning they owe passengers the highest degree of care.

How Does the Uber Driver’s Status Impact Claims?

An off-duty Uber driver’s personal insurance covers anything that occurs when the Uber app is off. Minimum third-party liability coverage in Illinois is $25,000/person or $50,000/accident for bodily injury and $20,000/accident for property damage (625 ILCS 5/7-203).

There are varying degrees of Uber insurance coverage depending on the driver’s status at the time of the crash.

Period 1 (App On, No Request)

When the app is on but there is no ride request, Uber’s insurance policy provides limited third-party liability coverage of $50,000/person or $100,000/accident for bodily injury and $25,000/accident for property damage.

Period 2 (Accepted a Ride, En Route to Pick Up a Passenger)

When the rideshare driver is en route to fulfill a ride request, Uber maintains a $1,000,000 third-party liability insurance policy that covers passengers and other drivers. If the driver has comprehensive collision coverage on their personal auto policy, it also covers up to the car’s actual cash value for vehicle damage, with a $2,500 deductible.

Period 3 (Passenger in Vehicle)

This period also includes $1,000,000 in commercial insurance coverage. Uber’s insurance coverage includes uninsured/underinsured motorist coverage for if an uninsured or underinsured driver’s negligence caused the crash.

What to Do If You Get Involved in an Accident With an Uber Driver

The steps to take after an accident involving Uber are meant to protect your legal rights while also proving liability. Once you have exited the vehicle safely and are out of the way of traffic, follow these steps.

Report the Accident

You must report the rideshare accident to Uber as soon as possible. This can be done on the app, typically under “I’ve been in an accident.” Take a screenshot of the rideshare driver status to prove that the accident occurred during a ride.

All drivers and passengers are required to stay on the scene if there are any injuries (625 ILCS 5/11-401). Chicago requires that any accident involving more than $250 in damage must be reported to the police (9-56-010). Call the police and provide a statement.

Gather Evidence

Get the rideshare driver’s contact details and insurance information. If other parties were present, then request their information as well. Take pictures of the accident scene and your injuries.

Seek Medical Attention

Visit the closest emergency room, such as Northwestern Memorial Hospital or UChicago Medicine, as soon as possible. This proves that your injuries are connected to the Uber accident and justifies your later medical bills.

Secure Legal Representation

You should not speak to insurance companies without an Uber accident attorney present, as anything you say may be used against you. Contact an experienced attorney from our firm for a free consultation about your rights.

The personal injury statute of limitations is two years from the accident date (735 ILCS 5/13-202), and the wrongful death statute of limitations is two years from the death date (740 ILCS 180/)

What Damages Can Illinois Victims Recover Following an Uber Accident?

Our personal injury attorneys will negotiate to have your needs covered in Uber accident claims. This can include both economic and non-economic damages depending on the circumstances.

Medical Expenses

Your medical bills should be covered by the insurance policy. These can include:

• ER visits
• Surgeries
• Inpatient stays
• Outpatient appointments
• Out-of-pocket medical expenses
• Mobility aids and medication
• Mental health treatment

Lost Wages

If you had to take time off work, these lost wages should be incorporated into a settlement. If you were severely injured and cannot return to your previous position, we can work with economists to calculate your lost income.

Property Damage

You may receive up to the actual cash value of your vehicle in a rideshare accident if the vehicle is considered totaled, meaning it would cost more to repair than replace. Otherwise, you can have vehicle repairs covered.

Non-Economic Damages

The Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital removed the statutory cap on non-economic damages, meaning a court can award whatever it feels is appropriate. This can include:

• Physical pain and suffering
• Emotional distress
• Loss of normal life
• Loss of consortium (for spouses)
• Mental anguish

Wrongful Death Claims

For a fatal Uber accident, the surviving next of kin can recover funeral and burial expenses, grief, mental anguish, and loss of companionship (740 ILCS 180/). A deceased person’s state can also sue under the Illinois Survival Act for expenses that they could have recovered if they had survived, such as medical costs and lost income (755 ILCS 5/27-6).

We Can Help You Recover Fair Compensation

Uber accident liability is complex, as there are multiple parties and insurance companies involved. A traffic accident attorney from our firm will gather strong evidence to prove liability, including witness statements, dashcam footage, police reports, and medical records.

With our strong knowledge of local traffic laws, we can prove the driver’s negligence, such as exceeding Chicago’s 30 mph speed limit (9-12-070) or failing to exercise due care (9-40-160). This provides us with a strong negotiating position against major insurance companies like Liberty Surplus Insurance Corporation, which is Uber’s Illinois insurer.

Our personal injury attorneys are Super Lawyers® and work on a contingency fee basis: no legal fees unless we win. Contact us today to schedule your free consultation about a rideshare crash.