If another driver caused your rideshare crash, their personal auto insurance is the primary source for your compensation.
Should that driver be uninsured or their policy limits are too low to cover your injuries, you may then file a claim against the rideshare company’s Uninsured/Underinsured Motorist (UM/UIM) coverage.
The process involves dealing with the at-fault driver’s insurer, who will conduct an investigation to minimize their payout, and potentially the rideshare company's insurer, which has its own team of lawyers. The process is confusing, but don’t worry—with the right legal assistance, you can get the finances you need to make a recovery.
If you have a question about your rideshare crash, call our team at (312) 767-7950.
Key Takeaways for Your Rideshare Injury Claim
- The at-fault driver's insurance is the primary source of compensation. Your first claim is against the driver who caused the crash, but their policy limits may be insufficient to cover all your damages.
- Rideshare companies provide a crucial insurance safety net. If the at-fault driver is uninsured or underinsured, the rideshare company's UM/UIM coverage, often with limits of $1 million, is available to cover your injuries.
- Promptly documenting your injuries and the crash is vital. Reporting the incident in the rideshare app and keeping a detailed journal of your injuries creates the official record and evidence needed to justify your claim's full value.
Who Pays? Understanding the Three Layers of Insurance
When multiple drivers are involved, the law follows a specific order of operations. Think of it as a waterfall: we start at the top, and if that source runs dry, we move to the next level down.
The At-Fault Driver's Insurance Is Primary
The person who caused the harm is legally responsible. In legal terms, this is based on the concept of negligence, which is a failure to exercise the level of care that a reasonable person would under similar circumstances. The at-fault driver's Bodily Injury (BI) liability insurance is the first place we look for compensation for your medical bills, lost wages, and pain and suffering.
The Challenge: Illinois minimum liability coverage is low. A serious injury quickly burns through this limit, potentially leaving you with unpaid bills. We investigate the at-fault driver’s policy limits right away to determine if we need to prepare for the next step.
The Rideshare Company's Insurance Is Your Safety Net
This is typically the most confusing part for passengers, so let’s simplify it.
As soon as you are in the rideshare vehicle, you are protected by the company’s commercial insurance policy. Specifically, we look to their Uninsured/Underinsured Motorist (UM/UIM) coverage. This is what applies when the at-fault driver has no insurance or not enough insurance to cover the full extent of your injuries.
In Illinois, rideshare companies are required by the Transportation Network Providers Act to carry substantial UM/UIM coverage for passengers. While the statute specifies a minimum of $50,000, major companies like Uber and Lyft carry policies with limits of at least $1 million. This is a significant policy designed to protect you in these exact situations.
To get this coverage, we must first make a claim against and exhaust the at-fault driver’s policy before we make a claim against the rideshare company's UIM coverage. This process establishes that the initial source of compensation was insufficient.
What About Your Own Car Insurance?
If you own a car and have your own auto insurance policy with UIM coverage, it may apply in some rare circumstances. This usually happens after all other sources of compensation have been exhausted.
Think of this as a final backstop. Our firm investigates this possibility, so you don't have to worry about the details. We look at every possible source of recovery to ensure you are fully compensated.
What If the Process Isn't Straightforward?
In a perfect world, the at-fault driver would have sufficient insurance, and their provider would promptly pay your claim. Reality, however, is messier. Let's address some of the most common worries passengers face after a rideshare crash caused by another driver.
The Other Driver Fled the Scene (Hit-and-Run)
You might not know who the at-fault driver is, making it impossible to file a claim against their insurance. This makes it feel like you have no options and are left to cover your own medical bills.
This is precisely why rideshare companies are required to carry Uninsured Motorist (UM) coverage. A hit-and-run driver is treated as an uninsured driver under the law. We would immediately open a claim with the rideshare company's insurance to access their policy to cover your injuries.
The Insurance Company Is Disputing Fault
The at-fault driver’s insurer may try to argue their driver wasn't responsible, or that your rideshare driver shared some of the blame. They conduct a thorough investigation, looking for any evidence to argue that your injuries aren't as severe as you claim or that someone else is liable.
Our role is to build a case that leaves no room for doubt. We gather evidence like the police report, witness statements, traffic camera footage, and data from the rideshare app itself to establish exactly what happened. We handle all communications with the adjusters to ensure no amount of blame is unjustly placed on your rideshare driver or you.
The Rideshare Company Is Denying the UIM Claim
This is where a law firm that handles these specific types of cases provides a distinct advantage. We understand the evidence rideshare insurers need to see. We package your medical records, proof of lost income, and expert reports to build a comprehensive demand that justifies the full value of your claim under their policy.
What If You’re the Rideshare Driver and Another Driver Caused the Crash?
So far, we’ve focused on injured passengers, but what if you were behind the wheel?
If you drive for Uber or Lyft and a third-party driver hits you, you’re still entitled to compensation. But your path is different. And more complicated. As an independent contractor, you don’t get workers’ comp, but you do have some protection. The challenge is knowing when it applies and how to access it.
Are You Covered by Uber or Lyft’s Driver Injury Protection?
Both Uber and Lyft offer an optional program called Driver Injury Protection—a kind of substitute for traditional workers' compensation. It’s underwritten by third-party insurers like OneBeacon and Aon. You pay for it by turning it on in the app and accepting a small per-mile fee while on trip.
If you opted in before the crash and were actively engaged in a ride (either en route to a rider or transporting one), this coverage helps with:
- Medical expenses (up to $1 million, depending on the policy)
- Disability payments for lost income (typically based on average weekly earnings)
- Survivor benefits for family members in the event of a fatal crash
This policy only applies during active rides. If you were offline or waiting for a ride request, you’re not covered.
What If You Didn’t Opt In or Were Between Rides?
If you didn’t purchase Uber or Lyft’s Driver Injury Protection, you’ll need to rely on a mix of:
- Your personal auto insurance, if it includes Medical Payments (MedPay) or Personal Injury Protection (PIP)
The at-fault driver’s insurance, as your primary source of compensation - Your health insurance, for medical bills not covered by auto policies
If the at-fault driver was uninsured or had low limits, you may also be able to tap into:
- Uber or Lyft’s UM/UIM coverage, but this depends on whether you were “on trip” or just logged in
Simply being logged in and waiting for a ride doesn’t always trigger the full $1 million in UM/UIM coverage. For Uber, for example:
- If you’re off the app: no coverage
- If you’re online but no ride accepted: limited coverage ($50,000 per person, $100,000 per crash)
- If you’re en route to a rider or mid-trip: full coverage applies
What Makes These Claims Harder for Rideshare Drivers?
You’re both the victim and the business. That means:
- You have to prove lost income, and rideshare companies don’t issue pay stubs. You’ll need to provide weekly earning summaries, bank deposits, and tax returns to show what you’ve lost.
- You may have pre-existing injuries from long hours on the road. The insurance company may argue your back pain wasn’t caused by the crash but by years of driving.
- They may challenge your “on-app” status. If there’s any question about whether you were logged in, in-between rides, or on a personal trip, expect scrutiny. We gather ride logs, GPS data, and app screenshots to prove your coverage applies.
We Handle This for You
You shouldn’t have to fight your own platform’s insurance carrier for coverage, especially after someone else caused the crash.
Our team has handled dozens of claims for injured Uber and Lyft drivers across Illinois. We understand what evidence matters, what timelines apply, and how to prove both medical injuries and economic losses down to the last ride you missed.
If you were working when it happened, we’ll build your case like it’s our own business on the line; because for gig drivers, it is.
Three Things You Can Do From Home to Protect Your Claim
While you focus on recovery, there are a few simple and productive steps you take from home. These actions strengthen your claim and provide valuable information down the line.
1. Document Everything About Your Injuries
- Don't: Just say "my back hurts."
- Do: Keep a simple daily journal. Note your pain level on a scale of 1-10. Write down how the injury rewrites aspects of your daily life: trouble sleeping, difficulty lifting groceries, inability to sit at your desk for long periods. This detailed record shows the true impact of the crash.
2. Organize Your Paperwork
- Create a dedicated folder (physical or digital) for everything related to the crash.
- This includes: the police report number, medical bills, receipts for prescriptions, emails from insurance adjusters, and any letters you receive.
- This helps because: Having everything in one place saves time and prevents important documents from getting lost. When you decide to speak with a lawyer, you will have everything ready.
3. Report the Crash in the Rideshare App
- Both Uber and Lyft have a feature in the app to report a safety issue or crash for a specific trip.
- Go to your trip history, select the ride, and follow the prompts to report the incident.
- This is a key step because: It creates an official record with the rideshare company and triggers their internal incident response process. It is a key first step in formally documenting that you were injured while using their service.
How Our Firm Manages Your Case
Our approach is methodical and focused on building a strong foundation for your claim.
- We Conduct an Independent Investigation: We don’t just rely on the police report. We secure evidence like black box data from the vehicles, cell phone records (if necessary), and surveillance footage to build the strongest possible case for who was at fault.
- We Handle All Insurance Communications: You stop taking calls from adjusters. You forward everything to us. Your only job is to focus on your medical treatment and recovery. We manage the paperwork, deadlines, and negotiations.
- We Accurately Value Your Claim. We work with medical and financial professionals to understand the full cost of your injuries, including future medical needs and lost earning capacity. This ensures we are pursuing the maximum compensation available under the law, not just what the insurance company initially offers. Our practice focuses on rideshare injury cases, giving us deep experience in this area.
Frequently Asked Questions About Rideshare Crashes
Do I have to pay my medical bills while the case is ongoing?
In most cases, we arrange for your medical providers to be paid from the final settlement through a process known as a medical lien. This arrangement means you don't have to pay out-of-pocket while you're unable to work, allowing you to get the care you need without the immediate financial stress.
How long do I have to file a claim in Illinois?
In Illinois, the statute of limitations for a personal injury claim is generally two years from the date of the crash. However, investigating and building a claim takes time, so it is best to start the process much sooner to preserve evidence and meet all necessary deadlines.
Will my case have to go to court?
The vast majority of personal injury cases are settled out of court through negotiation. We prepare every case as if it will go to trial, which puts us in the strongest position to negotiate a fair settlement for you. This thorough preparation convinces the insurance company to offer a reasonable settlement without the need for a lawsuit.
What if I was a pedestrian or cyclist hit in a rideshare crash?
The same principles apply. If another driver caused the crash that injured you, their insurance is primary. Rideshare insurance may also be a factor depending on the circumstances. A study from the University of Chicago found that the introduction of ridesharing is associated with an increase in traffic fatalities, including those involving pedestrians and cyclists.
Can I still get compensation if I wasn't wearing a seatbelt?
Yes. Under Illinois's comparative fault rule, your compensation might be reduced by your percentage of fault, but it does not prevent you from recovering damages. As long as you are found to be 50% or less at fault for your injuries, you still pursue a claim.
Let Our Team Take It From Here
You didn’t ask to be put in this situation, and you don’t have to handle the insurance companies alone. We handle rideshare injury claims for people in Chicago and across Illinois every day. We’re familiar with the roads, the insurance policies, and the challenges you face.
If you were hurt in a rideshare crash, call LegalRideshare Injury Lawyers for a free review of your case at (312) 767-7950.