Who Is Liable in an Uber or Lyft Accident in Illinois?

April 1, 2025 | By LegalRideshare Injury Lawyers
Who Is Liable in an Uber or Lyft Accident in Illinois?

Rideshare services have transformed the way we travel, offering convenience and accessibility to millions. However, accidents can still happen, and when they do, the aftermath can feel overwhelmingly confusing and frustrating. If you've been injured in an Uber or Lyft accident in Illinois, you may be wondering who is responsible for covering your losses. Consult a experienced rideshare accident lawyer in Chicago, Illinois to protect your rights and bring justice to your case.

Liability in these cases often involves multiple parties, insurance companies, and complicated policies. 

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Understanding Rideshare Accidents in Illinois

Who Is Liable? with inscription on the page

Before we explore liability, let's look at why rideshare accidents can be more complex than other motor vehicle crashes. Companies like Uber and Lyft operate differently from traditional taxi services. Their drivers are classified as independent contractors rather than employees, which impacts how liability is determined. Furthermore, insurance coverage depends on what the driver was doing at the time of the accident.

For example, was the Uber/Lyft driver actively transporting a passenger? Were they waiting for a ride request? Was the Uber or Lyft app completely off? Each of these scenarios can affect who will ultimately be held responsible.

Understanding what stage the driver was in during the accident can be crucial to identifying whose insurance policy applies and whether the rideshare company itself has any responsibility.

Types of Parties That May Be Liable

Rideshare accidents can involve many parties, and determining liability requires a thorough examination of what happened. Here are the most common parties that might bear responsibility:

  1. The Rideshare Driver
    If your Uber or Lyft driver caused the crash due to reckless driving, distraction, or another violation, they may be directly responsible for your injuries. However, since many drivers carry minimal personal insurance, rideshare companies step in to provide additional coverage—but only in certain situations.
  2. The Other Driver
    If another motorist caused the accident, their insurance policy would typically cover the damages. However, if that driver was uninsured or underinsured, you may need to explore whether Uber or Lyft's insurance policies apply under these circumstances.
  3. Uber or Lyft
    While rideshare companies argue that their drivers are independent contractors, they often provide substantial insurance policies to cover injuries or property damage caused by their drivers in specific situations. Understanding how and when these policies kick in is key to your claim.
  4. Third Parties
    Other entities, such as vehicle manufacturers or government bodies responsible for road conditions, can sometimes play a role. For example, if a mechanical issue or unsafe road contributed to the accident, liability may extend to these third parties.

Each case is different, and liability often rests on multiple factors and pieces of evidence. The next sections will break this down further.

Illinois Laws Around Rideshare Accident Liability

Ride sharing app on mobile phone

Illinois has specific laws and regulations that affect how responsibility is determined in rideshare accidents. 

Independent Contractor Classification

One thing to note is that Uber and Lyft classify their drivers as independent contractors—not employees. This distinction is important because it shields the companies from being directly sued for many accidents under Illinois law. Instead, the companies provide insurance that may apply in certain situations.

While you can't directly sue Uber or Lyft for an accident attributable to their driver, their insurance coverage kicks in depending on the driver's activity at the time. Let's take a closer look at these tiers.

Uber and Lyft Insurance Coverage

Uber and Lyft provide tiered insurance coverage that aligns with specific phases of the driver’s activity:

  1. App Off (Personal Driving)
    If the driver is not using the Uber or Lyft app at the time of the accident, then the company's insurance doesn’t apply. Only the driver’s personal auto insurance can be used to cover damages.
  2. App On (Waiting for a Ride Request)
    While the driver is logged into the rideshare app but not yet transporting a passenger or heading to a pickup, both Uber and Lyft provide limited coverage:
    • Up to $50,000 per person for bodily injury
    • Up to $100,000 per accident for bodily injury
    • Up to $25,000 for property damage
  3. En Route to Pickup or During a Trip
    The most comprehensive coverage applies when the driver is actively en route to pick up a passenger or transporting a passenger. During this time, Uber and Lyft provide:
    • $1 million in third-party liability coverage
    • Uninsured/underinsured motorist (UM/UIM) coverage, which applies if another driver causes the accident and lacks sufficient coverage
    • Contingent collision and comprehensive coverage (as long as the driver has their own applicable policy)

Knowing these coverage tiers can help you understand where to file a claim and what your rights are after a rideshare accident.

Comparative Negligence in Illinois

Illinois follows a modified comparative negligence rule. This means that if you share less than 50% of the blame for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault assigned to you.

For example, if you are found to be 10% responsible for the accident and are awarded $100,000 in damages, you would receive $90,000 after your portion of fault is deducted. This rule applies to all types of motor vehicle accidents in Illinois, including those involving rideshare vehicles.

How to File a Claim with Uber or Lyft

Uber car accident

After a rideshare accident, filing a claim with Uber or Lyft can feel like navigating uncharted waters. However, taking clear steps can help ensure your case is properly documented and considered. Here’s a step-by-step guide to help you through the process:

  1. Report the Accident in the App
    Both Uber and Lyft have features built into their apps where riders and drivers can report accidents. For Uber, you can go to the “Trip Issues and Refunds” section to report your incident. Lyft’s app allows you to log the accident under “Ride History” by selecting the specific ride where the accident occurred.
  2. Provide Detailed Information
    Be thorough when describing the accident in the app. Include details about where and when the accident occurred, the parties involved, and any injuries or damages sustained. If possible, include photos of the accident scene for added clarity.
  3. Contact Support Teams
    Both companies have specialized customer support teams for handling incidents like accidents. After submitting your initial report, you can expect a representative to contact you for additional information or to guide you on next steps.
  4. Submit Any Requested Documents
    Uber and Lyft may ask for supporting documents such as medical reports, repair estimates, or a copy of the police report. Keep this paperwork organized and submit it promptly to avoid delays in processing your claim.
  5. Follow Up Regularly
    Rideshare companies handle high volumes of claims, so it’s important to regularly follow up to ensure that your case is moving forward. There’s no harm in being persistent, especially when your health and financial recovery depend on it.
  6. Consult an Attorney If You’re Unsure
    If the claims process becomes complicated or you encounter delays, contacting a legal professional can make a world of difference. Attorneys who are familiar with rideshare accidents can help you present your case effectively and manage any disputes with the rideshare company or their insurer.

Taking these steps not only ensures your claim is properly filed but also lays the groundwork for advocating for your rights if complications arise.

How Rideshare Companies Handle Accident Investigations

A passenger in car using Lyft rideshare application

When an accident involves an Uber or Lyft vehicle, the companies initiate an investigation to determine the circumstances of the crash and how to handle the claim. Understanding how this process works can help you manage your expectations and prepare for what’s ahead.

  1. Initial Report Review
    After an accident is reported, a representative from Uber or Lyft’s support team will review the initial claim. This includes looking at any details submitted by the rider, driver, or other involved parties through the app.
  2. Driver Account Review
    The company will access the rideshare driver’s account to verify whether they were logged into the app, the phase of the ride they were in (waiting, en route, or transporting a passenger), and whether they followed safety guidelines.
  3. Communication with Insurance Adjusters
    Uber and Lyft partner with third-party insurers to handle accident claims. The investigation often involves communicating with these insurers, who may request additional evidence or documents, such as photos, witness statements, or a police report.
  4. Determination of Coverage
    The rideshare company’s insurance team will determine the applicable coverage based on the driver’s activity at the time of the crash. For instance, if the driver was actively transporting passengers, the $1 million policy would likely apply.
  5. Driver and Passenger Background
    During the investigation, the rideshare company may check the history of the driver and rider for any potential red flags. This can include past accidents, complaints, or policy breaches.
  6. Settlement Offers
    Once their investigation is complete, the insurance company may propose a settlement if the rideshare company’s policy is triggered. However, these offers may not always reflect the full extent of your damages, which is why legal assistance can be crucial.

Rideshare accident investigations are methodical but can feel impersonal. Victims often benefit from having their own advocates who can push for fairness and clarity throughout the process.

Common Challenges with Rideshare Accident Claims

Pursuing a claim after a rideshare accident isn’t always straightforward. Here are some common hurdles victims face:

  1. Insurance Companies Denying Liability
    Insurers may argue about who is responsible or attempt to deny your claim outright. Understanding how rideshare insurance policies work can help you counter these tactics.
  2. Delayed Settlements
    Insurance companies often try to delay settlements, especially when dealing with high-value claims. This only adds stress when you’re trying to recover from your injuries.
  3. Multiple Policies at Play
    Determining which insurance policy applies (personal auto, rideshare company, or third-party) can be complex. Every case is unique, and the liability may shift depending on the facts.
  4. Underestimating Damages
    It’s not uncommon for rideshare accident victims to receive low settlement offers that don’t reflect the full scope of their injuries, lost income, or pain and suffering.

By anticipating these challenges, you can be better prepared to stand your ground and ensure you receive fair compensation.

Why Determining Liability Matters

Determining liability in a rideshare accident isn’t just about knowing who’s responsible; it’s about ensuring that the responsible party pays for the damages caused. From medical bills and lost wages to pain, suffering, and future complications, the financial impact of an accident can be devastating. That’s why it’s so important to know your rights and the laws that protect you.

Getting the Help You Need

Rideshare accidents leave victims physically, emotionally, and financially strained. Sorting through policies, state laws, and insurance jargon doesn’t have to fall entirely on your shoulders. If you’re feeling overwhelmed or unsure about your next steps, legal professionals with experience handling rideshare accident claims can prove beneficial.

At LegalRideshare Injury Lawyers, we’re dedicated to ensuring that injured rideshare drivers, passengers, and others get the justice they deserve. With a focus on Illinois law, we’ve helped thousands of clients pursue claims against Uber, Lyft, and other negligent parties. We’re here for you 24/7 to provide skilled guidance and compassionate support during one of the most challenging times in your life.

If you’ve been injured in an Uber or Lyft accident, contact us at  (312) 767-7950 or through our online form for a free, no-obligation case consultation to learn how we can help you secure the compensation you deserve.

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