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How Is Uber Accident Liability Established in Illinois
Is Uber liable for an accident in Illinois? Liability generally depends on the Uber driver’s status when the crash occurred, whether the app was off, on and waiting for a request, or the driver was actively transporting a passenger. Each period can involve different insurance coverage and affect who may be responsible for your losses.
With thousands of Uber drivers using major arterials such as Michigan Avenue and the Edens Expressway, crashes are common. Understanding who is liable for an Uber accident 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 and handle 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. If you are 50% or less responsible, you can still recover compensation, although your recovery is reduced by your percentage of fault.
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. Determining who is liable for an Uber accident requires looking at the driver’s conduct, the circumstances of the crash, and the insurance coverage available during the applicable period.
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 driver accident insurance 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 can pursue economic and non-economic damages in appropriate Uber accident claims, including medical expenses, lost income, property damage, and compensation for pain and suffering. The damages available in your case may depend on the circumstances of the crash, the parties responsible, and the applicable insurance coverage. For a full breakdown of recoverable damages, see our Uber accident lawsuit page.
Medical Expenses
Recoverable medical expenses may include the reasonable and necessary costs of treating injuries caused by an Uber accident. These can include:
- ER visits
- Surgeries
- Inpatient stays
- Outpatient appointments
- Out-of-pocket medical expenses
- Mobility aids and medication
- Mental health treatment
- Future medical care related to accident injuries
Depending on the circumstances, medical expenses may be covered through applicable insurance policies and other sources of compensation. Our attorneys can assess the available coverage and pursue compensation for qualifying past and future medical costs.
Lost Wages
If you had to take time off work because of your injuries, lost wages may be included in an Uber accident settlement or lawsuit. If your injuries prevent you from returning to your previous position or substantially reduce your ability to earn income, we can work with qualified economists and other professionals to calculate your past and future lost earning capacity.
Property Damage
You may be entitled to compensation for damage to your vehicle and other personal property involved in an Uber accident. If your vehicle is considered totaled, meaning the cost of repairing it exceeds its value or it is otherwise determined to be a total loss, compensation may be based on its actual cash value under the applicable coverage. If the vehicle can be repaired, you may be able to recover reasonable repair costs.
The amount and source of property damage coverage can depend on who was at fault, whether the Uber driver was transporting a passenger or available for a ride, and which insurance policy applies.
Non-Economic Damages
Illinois law allows injured victims to seek compensation for non-economic losses caused by an Uber accident. These damages may include physical pain and suffering, emotional distress, loss of normal life, loss of consortium for spouses, and mental anguish. The amount of compensation depends on the nature and severity of the injuries and their impact on the victim’s daily life.
Non-economic damages can include:
- Physical pain and suffering
- Emotional distress
- Loss of normal life
- Loss of consortium (for spouses)
- Mental anguish
Wrongful Death Claims
When an Uber accident results in a fatality, eligible surviving family members may pursue a wrongful death claim for damages allowed under Illinois law. Depending on the circumstances, compensation may include funeral and burial expenses, grief, mental anguish, and loss of companionship under the Illinois Wrongful Death Act (740 ILCS 180).
The deceased person’s estate may also pursue claims under the Illinois Survival Act for damages the person could have recovered had they survived, such as qualifying medical expenses and lost income under (755 ILCS 5/27-6). The available damages and applicable insurance coverage can depend on the specific facts of the Uber accident and the parties involved.
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 insurers such as Liberty Surplus Insurance Corporation, Uber’s Illinois insurer.
Understanding who is liable for an Uber accident can require reviewing the driver’s status, available Uber accident insurance, evidence of negligence, and the actions of other parties involved in the crash.
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.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld This page has been reviewed for legal accuracy by Jonathan Rosenfeld, a Chicago personal injury attorney with nearly 25 years of experience representing people injured in car, truck, motorcycle, pedestrian, and rideshare accidents. Jonathan has recovered more than $450 million in settlements and verdicts for injured clients and families in Chicago. He holds a 10/10 rating on Avvo, is a member of the Million Dollar Advocates Forum, and has been repeatedly recognized by Super Lawyers. Jonathan leads the firm’s approach to holding insurance carriers and corporate defendants accountable for serious traffic injuries.