When your rideshare driver is at fault for an accident, their personal insurance is usually not the policy that covers you. Instead, you will likely file a claim against the rideshare company's (like Uber or Lyft) commercial insurance policy. These policies are substantial, typically providing at least $1 million in liability and uninsured/underinsured motorist coverage.
The process involves determining which insurance policy applies, documenting your injuries and losses, and formally filing a claim. Speaking with an experienced Lyft or Uber accident lawyer can help you understand your options and avoid mistakes during this process.
If you have a question about an accident you were in, call the LegalRideshare Injury Lawyers at (312) 767-7950.
Who Actually Pays for Your Injuries? Unpacking the Layers of Insurance
After the crash, you’re getting medical bills and might be unable to work. It’s not immediately clear who is supposed to pay for everything. Is it the driver? Uber? Lyft? Another driver’s insurance? The uncertainty is stressful as you are trying to recover from your injuries. Many passengers ask whether they can sue the rideshare driver directly, but liability usually depends on whether the company’s commercial insurance applies at the time of the crash.
The answer depends entirely on the driver's status at the exact moment of the crash. Rideshare companies have created a tiered system that is confusing. This system is designed to shield them from liability in certain situations, which could leave you unsure of where to turn as your expenses mount or how to handle an insurance dispute if policies overlap or deny coverage.
We handle the investigation to determine which policy applies. Here is how the insurance coverage generally works, based on laws like the Illinois Transportation Network Providers Act:
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When you are in the car (Period 3): This is the most straightforward scenario. From the moment you are picked up until you are dropped off, you are covered by the rideshare company's commercial insurance policy.
- This policy typically provides at least $1 million in third-party liability coverage. This is the insurance that would cover your injuries if your driver was at fault.
- It also includes at least $1 million in Uninsured/Underinsured Motorist (UM/UIM) coverage. This applies if your driver was at fault and the other driver involved had no insurance or not enough to cover your damages.
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When the driver is waiting for a ride request (Period 1): If the driver is logged into the app but has not yet accepted a ride, a lower level of coverage applies. This usually includes:
- $50,000 per person for bodily injury.
- $100,000 per accident for bodily injury.
- $25,000 for property damage.
- When the driver is offline: If the driver is not logged into the app, only their personal auto insurance applies. The rideshare company has no responsibility in this case.
What Kind of Compensation Can You Pursue?

The purpose of a claim is to seek compensation, helping you piece your life back together.
The compensation you pursue, legally known as ‘damages,’ includes both economic and non-economic losses. Our role is to build a strong case that ensures you receive fair compensation after a rideshare accident, fully accounting for every type of loss:
- Medical Expenses: This covers everything from the initial emergency room visit and ambulance ride to future surgeries, physical therapy, and prescription costs.
- Lost Wages: If your injuries prevent you from working, you pursue compensation for the income you've lost. This also includes loss of future earning capacity if your ability to work is permanently affected.
- Pain and Suffering: This is compensation for the physical pain and emotional distress caused by the accident and your injuries. Proving this requires detailed medical records and personal testimony about how the injuries have impacted your daily life.
- Property Damage: If any of your personal belongings were damaged in the crash (like a laptop or phone), the cost to repair or replace them is included in your claim.
To secure this compensation, we gather extensive documentation: medical records, employment statements, and expert opinions. Our role is to present a clear, evidence-based account of your total losses to the insurance company.
Why You Shouldn't Talk to the Insurance Adjuster Alone
Soon after the accident, you will likely receive a call from an insurance adjuster representing the rideshare company or the driver. They may sound friendly and helpful, expressing concern for your well-being.
Remember, the adjuster works for a business that must balance paying claims with making a profit. Their investigation will look for any information that could reduce the value of your claim. They may ask you to provide a recorded statement, which is used to find inconsistencies in your account or to argue you were partially at fault under comparative negligence rules. Simply put, this legal concept reduces your compensation if you are found to be even slightly to blame for the accident.
Imagine having someone else handle these conversations for you—someone who understands the tactics used and protects your rights. You wouldn't have to worry about saying the wrong thing or accepting an offer that doesn't cover your future medical needs. You could focus entirely on your recovery, which is the most important thing.
You are not required to give a recorded statement. Politely decline and state that your attorney will be in touch. Let us handle all communications with the insurance companies. It is our job to ensure no amount of blame is unjustly put on you.
What Is the Legal Process for a Rideshare Accident Claim?
You know you need to file a claim, but the legal system seems like a black box. What are the steps? How long does it take? What happens if the insurance company denies your claim or makes a low offer?
The claim process is long, tedious, and filled with paperwork. Deadlines are strict. It’s easy to get frustrated and feel pressured to accept a lower offer as bills pile up. According to Illinois law, you generally have two years from the date of the accident to file a lawsuit, but evidence disappears much faster. The Federal Motor Carrier Safety Administration (FMCSA) also has regulations that may apply, adding another layer of complexity.
Our firm manages this entire process for you. From the start, our investigation focuses on how to prove fault in a rideshare accident, gathering records, digital data, and expert reports to establish liability. Here’s what to expect from us:
- Investigation and Evidence Gathering: We immediately begin collecting all evidence related to your case. This includes the police report, photos of the scene, witness statements, and digital data from the rideshare app. We may also hire accident reconstruction professionals to establish exactly what happened if the rideshare driver was at fault.
- Filing the Claim: We formally notify all relevant insurance companies of your claim and handle all correspondence. We ensure all paperwork is filed correctly and on time, so you don't have to worry about missing a deadline.
- Calculating Your Damages: As mentioned earlier, we compile a comprehensive demand package that details all of your economic and non-economic damages, supported by medical records and expert reports. This paints a full picture of your losses.
- Negotiation: We present this package to the insurance company and negotiate for the maximum compensation available under the law. We will keep you informed at every stage and advise you on any settlement offers, but the final decision is always yours.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we will not hesitate to file a lawsuit and present your case in court. Most cases settle before trial, but we prepare every case as if it will go before a judge and jury.
What Should You Do at Home After a Rideshare Accident?
Your instinct might be to just try to forget the crash once you’re back home, but what you do in the days after matters for both your health and your claim. Here’s how to protect yourself, step by step.
1. Prioritize Your Health
- Get a full medical evaluation. Even if you walked away, injuries like concussions, whiplash, or soft tissue damage might not show symptoms right away. If you’re hurting, don’t ignore it. Follow every doctor’s order and keep every follow-up appointment.
- Start a recovery log. Each day, jot down your symptoms, pain levels, and any ways your daily life is disrupted. Even a simple notebook works. This shows the real impact of your injuries.
2. Document Everything You Can
- Save all accident-related records. Keep your discharge papers, doctor’s notes, medical bills, prescriptions, and insurance letters in one place.
- Create a photo record. Take pictures of your injuries as they appear and heal. If your phone or belongings were damaged, photograph those, too.
- Write out what happened while it’s fresh. In your own words, describe the accident: where you were sitting, what you remember before and after the crash, and any conversations with your driver or others at the scene.
3. Preserve Evidence and Financial Records
- Hold onto damaged items. Don’t repair or replace anything just yet, like clothes, electronics, even eyeglasses. These items are evidence.
- Track lost work and expenses. Save pay stubs, time-off forms, or emails showing missed work. Start a running list of every out-of-pocket expense, from rides to the doctor to extra childcare costs.
4. Avoid Common Pitfalls
- Don’t post about the accident online. Insurance adjusters and opposing lawyers sometimes check social media. Avoid sharing anything about the crash, your injuries, or your recovery.
- Don’t give a recorded statement to the rideshare or any insurance company before talking to a lawyer. Adjusters might sound friendly, but their job is to minimize payouts. If you’re contacted, just say: “I’m not ready to make a statement. My attorney will be in touch.”
5. Connect With a Lawyer Early
- Contact a rideshare injury attorney. You might think you don’t need help yet, but early legal advice means you don’t miss key deadlines or lose important evidence. An attorney can explain what to do next and handle insurance communications for you.
- Write down your questions. Jot down any concerns or confusion. Bring these to your first call or meeting. No question is too small.
Frequently Asked Questions About Rideshare Accidents
What if another driver was at fault, not my rideshare driver?
In that case, you would first file a claim against the at-fault driver's insurance. If that driver is uninsured or their policy limits are too low to cover your injuries, you then use the Uninsured/Underinsured Motorist (UM/UIM) coverage provided by the rideshare company's policy.
Can I sue Uber or Lyft directly?
Suing the company itself is difficult because they classify their drivers as independent contractors, which limits their vicarious liability. This legal term means an employer is responsible for the actions of their employee. However, a lawsuit may be possible if the company was negligent in its own right, for example, by hiring a driver with a known dangerous driving record.
Do I have to go to court?
Most personal injury claims, including those from rideshare accidents, are settled out of court. We handle all the negotiations, and a lawsuit is only filed if a fair settlement is not reached. Our goal is to resolve your case efficiently while ensuring you are properly compensated.
How much does it cost to hire a lawyer?
At LegalRideshare Injury Lawyers, we handle cases on a contingency fee basis. This means you pay us nothing unless and until we win your case. Our fee is a percentage of the final settlement or verdict. There are no upfront costs for you.
Are there special rules for rideshare accidents in Chicago?
Yes, Chicago has its own regulations for rideshare companies overseen by the Department of Business Affairs and Consumer Protection (BACP). These rules work in tandem with state laws like the Illinois Vehicle Code to ensure driver and vehicle safety standards. We are familiar with these local requirements and how they may apply to your case.
Let Us Handle the Details, So You Can Focus on Healing

Bryant Greening, Rideshare Accident Lawyer in Chicago
Your energy should be focused on one thing: your recovery. Let our team at LegalRideshare Injury Lawyers manage your accident claim. We have years of experience holding rideshare companies and their insurers accountable. We will pursue the maximum compensation the law allows for you.
For a free, no-obligation consultation about your case, call us today at (312) 767-7950.