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What Happens If an Uber Driver Gets in an Accident in Illinois
It depends on who caused the crash and what the Uber driver was doing in the app. If a ride was accepted or a passenger was on board, Uber’s $1 million liability coverage generally applies; if the app was off, the driver’s personal auto insurance is the primary policy to review.
Rideshare services are part of daily life across Illinois, but accidents involving Uber drivers raise questions that don’t come up in typical auto accidents. If you’re wondering what happens if an Uber driver gets in an accident, you’re not alone. Whether you were a passenger, another driver, or a pedestrian, the legal process can feel overwhelming. Our law firm helps people throughout Illinois hold negligent drivers and insurance companies accountable after an Uber crash. We handle rideshare accident claims with focus and experience, always fighting to recover compensation for medical expenses, lost income, and other damages.
Who Is Responsible When an Uber Driver Gets in an Accident in Illinois?
Responsibility after an Uber accident isn’t always clear-cut. In Illinois, fault is determined under the Comparative Negligence Law (735 ILCS 5/2-1116). This means more than one party can be held legally responsible, including the Uber driver and any other drivers involved.
If the Uber driver caused the crash, they may be considered at fault. If another driver’s actions caused the accident, that driver’s auto insurance may cover the resulting damages. If fault is shared, you can still recover compensation if you were at fault by 50% or less. Your compensation is reduced by your share of fault, and you cannot recover if you are found 51% or more at fault.
The Uber driver’s activity at the time of the accident also matters. Were they off the app, waiting for a ride request, or transporting a passenger? These details help determine which insurance policy applies. For more information, see our guide to Uber accident liability.
Whether you were a passenger, another driver, or a pedestrian, sorting out who pays for medical bills, lost wages, and other damages can be complicated. An experienced personal injury lawyer can help determine fault, gather insurance information, and hold the liable parties accountable.
What Happens After an Uber Driver Gets in a Crash?
Understanding what happens after an Uber driver gets in an accident helps you know what to expect as the claim moves forward. The process generally includes these steps:
- The crash is reported. The Uber driver reports the collision to Uber, and passengers or others involved can also report it through the app.
- A police report is prepared. When police respond, their report can document who was involved, statements, and other crash details.
- The driver’s app status is checked. Uber’s trip records can help establish whether the app was off, the driver was waiting for a request, or a trip was underway.
- Insurers investigate fault. More than one insurance company may be involved. You do not have to provide a recorded statement immediately, and it can help to seek legal advice first.
- Medical treatment is documented. Medical records help connect your injuries to the collision and establish the treatment and expenses involved. Some symptoms may appear later, so read about delayed injuries after a car accident.
- The claim moves toward resolution. Insurers review the evidence and may negotiate a settlement. If the parties cannot reach a fair resolution, a lawsuit may be necessary. Learn more about the Uber accident claim process and an Uber accident lawsuit.
When several people are injured, the available $1 million liability coverage may need to cover multiple claims arising from the crash. Speaking with a lawyer early can help you understand your options.
What If the Uber Driver Was the One Who Got Hurt?
An Uber driver injured in an accident may have options for recovering medical expenses and lost income, depending on who caused the crash and which insurance policies apply.
If another driver caused the collision, the Uber driver may pursue a claim against that driver’s auto insurance. If the at-fault driver has no insurance or insufficient coverage, uninsured motorist coverage or underinsured motorist coverage may be available during a qualifying trip. The applicable policy terms and circumstances matter.
If the Uber app was off, the driver’s personal auto policy is generally the primary policy to review. However, some personal policies exclude rideshare activity. Drivers may have optional injury protection or a rideshare endorsement, depending on their insurer and policy. Uber’s liability coverage is intended to cover others when the driver is at fault, not the driver’s own injuries.
How Uber’s Insurance Coverage Works
Uber’s insurance coverage depends on the driver’s activity at the time of the crash. These are the basic coverage tiers; review our full guide to Uber insurance requirements for more details.
- App off: The driver’s personal auto insurance is the primary policy to review.
- App on, no ride accepted: Contingent coverage may provide up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage if the driver’s personal insurance does not cover the claim.
- Ride accepted or passenger on board: Up to $1 million in liability coverage generally applies, along with uninsured/underinsured motorist coverage where applicable.
Optional Coverage for Personal Injury
Uber drivers may be able to purchase optional injury protection or rideshare coverage through their insurer. Availability and benefits depend on the policy. Reviewing this coverage can help drivers understand what protection they may have for their own injuries.
How We Can Help You Recover Fair Compensation
If you were hurt in a rideshare crash, we can help you understand your options and navigate the insurance process. Our team can:
- Review the police report, medical records, witness statements, photos, and relevant Uber app or trip data.
- Investigate fault and determine which insurance policies may apply.
- Handle communications and documentation for the Uber accident claim.
- Negotiate with insurers and evaluate settlement offers.
- Represent you in court if we can’t reach a fair resolution, including in an Uber accident lawsuit.
We offer a free consultation, and you pay no attorney’s fees unless we win your case.
How to Protect Your Claim After an Uber Crash
If you are involved in an Uber accident in Illinois, seek medical care promptly, file a crash report when appropriate, and take photos of the vehicles, visible injuries, and scene if you can do so safely. Keep relevant records, and avoid giving a recorded statement to an insurer until you understand your rights. Our guide explains what to do after an Uber accident in more detail.
FAQs
Who pays if an Uber driver causes an accident in Illinois?
It depends on the driver’s app status. If the app was off, the driver’s personal auto insurance is the primary policy to review. If the driver was waiting for a ride request, Uber’s contingent coverage may apply. If a ride was accepted or a passenger was on board, Uber’s $1 million liability coverage generally applies. See our Uber insurance requirements guide for details.
What if I was a passenger and the Uber driver was at fault?
Uber’s liability coverage of up to $1 million generally applies when a ride is in progress. We can review the circumstances and policy details to help explain what coverage may apply to your injuries.
What if another driver caused the crash?
The other driver’s auto insurance is usually the first policy to consider. If that driver has little or no insurance, uninsured or underinsured motorist coverage may be available through Uber during a qualifying trip. Learn more about uninsured motorist claims and underinsured motorist claims.
Who covers an Uber driver’s own medical bills after a crash?
It depends on who caused the crash and what coverage the driver has. If another driver was at fault, that driver’s insurance may cover the Uber driver’s medical expenses, lost income, and property damage. If the Uber driver caused the crash, their personal policy or optional injury coverage may be relevant. Uber’s liability coverage pays for other people’s injuries, not the at-fault driver’s own injuries.
Does Uber’s insurance apply if the app was off?
No. When the app is off, the driver’s personal auto insurance is the primary policy to review. Policy exclusions and the circumstances of the crash may affect coverage.
Should I report the crash to Uber?
Yes. Reporting the crash through the Uber app notifies Uber and helps start its reporting process. Stick to the basic facts and consider speaking with a lawyer before providing a recorded statement.
Can I still recover if I was partly at fault?
Yes, as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault, and you cannot recover if you are found 51% or more at fault under 735 ILCS 5/2-1116.
How long do I have to file a claim after an Uber crash in Illinois?
Most Illinois personal injury claims must be filed within two years of the date the claim accrues, often the crash date. Wrongful death claims generally must be filed within two years of the date of death. See 735 ILCS 5/13-202 and the Illinois Wrongful Death Act for the applicable rules. Exceptions may apply, so seek legal advice promptly.
Book a Free Consultation
If you were injured in a rideshare crash, our Chicago car accident legal team can help you understand your rights and options. We offer a free consultation to review your case, answer your questions, and explain possible paths to recovery. Contact us to discuss your situation. There is no upfront cost to speak with our team.
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.