Yes, in many cases you can. But rideshare claims work differently than typical car accident cases.
Whether you can sue, and who you sue, depends on what the driver was doing at the time of the crash.
- Were they waiting for a ride request?
- En route to pick someone up?
- Actively transporting a passenger?
Each scenario triggers different insurance coverage and liability rules.
Rideshare drivers are considered independent contractors, not employees. That affects whether the company (like Uber or Lyft) can be held responsible for the driver’s actions. And if you do file a lawsuit, it’s typically against the driver (not the rideshare company) unless specific legal thresholds are met.
Let’s demystify when you can sue a rideshare driver, what insurance policies apply, and how to build a case that holds the right party accountable. If you have a question about what happened in your rideshare accident, call us at (312) 767-7950.
Key Takeaways for Suing a Rideshare Driver for Negligence
- The driver's app status determines which insurance policy applies. This dictates whether you are filing a claim against the driver's personal insurance or the rideshare company's $1 million commercial policy.
- Proving negligence requires four specific elements: duty, breach, causation, and damages. You must show the driver had a duty of care, violated it, and that this violation directly caused your quantifiable losses.
- Illinois law allows you to recover damages even if you are partially at fault. Under the state's modified comparative negligence rule, you still receive compensation as long as you are less than 50% responsible for the accident.
What Does "Negligence" Actually Mean in a Rideshare Case?
Negligence is the legal foundation for almost every rideshare accident claim. It refers to a failure to be careful, not an act of malice.
To prove negligence, we must establish four specific elements:
- Duty: The rideshare driver had a legal obligation to operate their vehicle with reasonable care to keep others on the road—passengers, pedestrians, other drivers—safe. This is the standard of care.
- Breach: The driver violated that duty. This is the careless act itself. Examples include speeding to complete more rides, checking the app while driving, running a red light, or driving while fatigued. Economic pressures from the rideshare platforms sometimes encourage this kind of risky driving behavior.
- Causation: The driver's breach directly caused your injuries. We have to draw a clear line from their action (e.g., looking at their phone) to the collision and your resulting harm.
- Damages: You suffered actual losses as a result. This includes medical bills, property damage, lost wages, and physical pain.
Simply put, we must show that the driver did something an ordinary, prudent person would not have done, and that action led directly to your injuries. Documenting the driver's actions and your injuries is where we begin building your case.
Who Is Legally Responsible for Your Injuries: The Driver, the Company, or Both?
The answer depends on the driver’s status in the app. Here’s how Illinois law and company policies break it down:
- Case 1: The Driver Was Offline. If the driver was not logged into the app, your claim is against their personal auto insurance, just like any other car accident.
- Case 2: The Driver Was Logged In and Waiting for a Ride Request. Here, the rideshare company's limited liability coverage may apply, but only if the driver's personal insurance denies the claim or is insufficient. This typically includes $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
- Case 3: The Driver Was En Route to a Pickup or Transporting a Passenger. This is when the full rideshare insurance policy is active. Uber and Lyft typically provide $1 million or more in third-party liability coverage during this period.
Can We Pursue the Company Directly for Negligence?
In some cases, yes. We investigate whether the company itself was negligent. This is a different legal argument from holding them responsible for the driver's actions.
Examples include:
- Negligent Hiring: Did the company fail to conduct a proper background check that would have revealed a dangerous driving history?
- Failure to Supervise: Did the company ignore passenger complaints about a driver's reckless behavior?
Courts are showing increased judicial scrutiny of these practices, and lawsuits have been allowed to proceed against rideshare companies for their failure to monitor drivers, signaling a potential shift toward greater corporate accountability.
How Do You Prove a Rideshare Driver Was Negligent?
Proving negligence requires gathering specific, concrete evidence to build a narrative that leaves no doubt as to what happened. While you focus on recovery, our firm focuses on securing the proof needed to establish the driver’s breach of duty.
The process of building your case includes:
- Preserve Digital Evidence: The most important piece of evidence is the digital record from the rideshare app. We immediately send a preservation letter to the company to ensure they do not delete trip data, GPS logs, communication records, or the driver's history.
- Obtain Official Reports: We secure the police report, which provides an initial assessment of fault, witness information, and a diagram of the scene.
- Gather Witness Statements: Independent witnesses provide unbiased accounts of the driver's actions. We contact anyone who saw the accident to get their side of the story before memories fade.
- Document the Scene: If possible, we use photos and videos of the vehicles, skid marks, and surrounding area to reconstruct the moments before the crash.
- Subpoena Company Records: We legally compel rideshare companies to provide internal records, including passenger complaints against the driver and data on their driving habits, which establishes a pattern of recklessness. The increase in litigation, such as the Uber sexual assault MDL, shows that courts are requiring more transparency from these companies.
- Consult with Experts: In complex cases, we may work with accident reconstructionists who use physics and engineering to show exactly how the driver's negligence caused the collision.
What Compensation You Pursue in a Negligence Claim?
The goal of a negligence claim is to make you "whole" again in the eyes of the law by providing financial compensation for your losses. This compensation, called damages, is typically broken into two categories.
Economic Damages: The Tangible Costs
These are the specific, calculable financial losses you have incurred. Think of them as the bills and lost income you track on paper.
This includes:
- Current and Future Medical Expenses: Everything from the initial emergency room visit to ongoing physical therapy, medications, and any future surgeries.
- Lost Wages: The income you've lost from being unable to work.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income in the future.
- Property Damage: The cost to repair or replace your vehicle or any other property damaged in the accident.
Non-Economic Damages: The Human Costs
These damages compensate you for the intangible, personal losses that don't come with a price tag but rewrite every aspect of your life.
This includes:
- Pain and Suffering: The physical pain and emotional distress caused by your injuries.
- Emotional Anguish: Compensation for anxiety, depression, or post-traumatic stress resulting from the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or family life as you once did.
Insurance companies are businesses; they must balance paying claims with making a profit. Their initial offer may not account for the full scope of your future needs or non-economic losses. Our role is to build a case that documents every loss to pursue the maximum compensation available under the law.
How Do Illinois Laws Specifically Affect Your Rideshare Claim?
While rideshare is a national business, your claim is governed by Illinois state law. Two key pieces of legislation are particularly relevant.
The Illinois Transportation Network Providers Act
This law sets the rules for rideshare companies operating in Illinois.
It mandates the specific insurance coverage amounts we discussed earlier, creating a clear framework for when company insurance applies. It also requires companies to conduct background checks on their drivers, which is a key point in a negligent hiring claim.
Illinois's Modified Comparative Negligence Rule
What if the insurance company argues you were partially at fault for the accident? Illinois follows a "modified comparative negligence" standard.
This is a legal concept that simply means you still recover damages as long as you are not found to be 50% or more at fault.
If you are found partially at fault (for example, 10%), your final compensation award is reduced by your percentage of fault. Insurance companies conduct a thorough investigation to look for any evidence to argue you were at fault. Our job is to ensure no amount of blame is unjustly put on you.
What You Should Do Right After a Rideshare Crash to Protect Your Claim
Step 1: Immediate Medical Care (Day 0–3)
Get medical treatment right away, even if injuries seem minor. This creates the initial documentation linking the accident to your injuries. Delays in treatment are used by insurance companies to argue that you weren’t really hurt.
Step 2: Report the Crash (Day 0–7)
- To the rideshare app (e.g., Uber or Lyft): Use the app’s incident reporting feature.
- To the police: File a report if not already done at the scene.
- To your insurance: If you have auto or health insurance, notify your provider in case coverage is triggered.
Step 3: Hire a Rideshare Injury Lawyer (Week 1–2)
The sooner you hire counsel, the sooner evidence preservation letters are sent and communications with insurers are taken off your plate. Early legal intervention also prevents common mistakes that hurt case value.
Step 4: Investigation Phase (Weeks 1–8)
Your legal team collects:
- The official police report
- Medical records
- App data (trip logs, GPS)
- Witness statements
- Vehicle damage assessments
- Potential surveillance or dashcam footage
If necessary, we’ll retain experts to reconstruct the crash or assess long-term medical needs.
Step 5: Insurance Claims and Negotiations (Weeks 4–16)
Once evidence is gathered, your lawyer files claims against all relevant insurance policies (driver’s personal, rideshare company’s UM/UIM, etc.). Insurers conduct their own review, and negotiations begin.
In many cases, multiple rounds of negotiations take place over several weeks or months.
Step 6: Filing a Lawsuit (if necessary) (Month 3–6)
If negotiations stall or the insurer undervalues your injuries, your attorney may file a lawsuit. Filing does not mean the case will go to trial; it often strengthens your settlement leverage.
Step 7: Litigation Phase (Months 6–24)
- Discovery: Both sides exchange evidence and take depositions.
- Motions: Lawyers may challenge evidence or argue for dismissal.
- Mediation: A neutral third party may try to help both sides reach a settlement.
- Trial (rare): If no agreement is reached, the case proceeds to trial.
Most rideshare accident cases settle out of court, usually between months 6–12, but some can take longer depending on complexity, medical recovery timelines, and insurance company tactics.
Frequently Asked Questions About Rideshare Negligence Lawsuits
How long do I have to file a lawsuit in Illinois?
In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. There are some exceptions, but missing this deadline prevents you from ever recovering compensation.
What if I was a pedestrian or cyclist hit by a rideshare driver?
Your rights are just as strong. You are considered a third party, and you file a claim against the driver and the applicable insurance policy. In fact, studies show that a significant percentage of those killed in fatal rideshare crashes are third parties like pedestrians and people in other cars.
What if the rideshare driver was also hit by another car?
This creates a more complex liability situation involving multiple insurance companies. We would investigate to determine the percentage of fault for each driver and pursue claims against all responsible parties to ensure you are fully compensated.
Do I have to go to court?
The vast majority of personal injury claims are settled out of court through negotiation. However, we prepare every case as if it will go to trial. This shows the insurance company we are serious and leads to a better settlement offer.
How much does it cost to hire a lawyer?
We handle rideshare accident cases on a contingency fee basis. This means you pay no upfront fees. We only get paid if we successfully recover compensation for you.
Take the First Step Toward Clarity
You didn't ask for this to happen, but you don't have to sort through the confusion alone.
Our practice focuses on handling cases just like yours in Chicago and throughout Illinois. We are familiar with the courts, the companies, and the challenges you face.
To get your questions answered in a free consultation, call LegalRideshare Injury Lawyers today at (312) 767-7950.