Lyft and Uber are popular rideshare companies in Chicago. Most passengers like rideshare companies because of their competitive rates and ease of scheduling. However, rideshare drivers can get into accidents, like all other drivers. When that happens, rideshare passengers can be severely injured. Our Chicago personal injury attorney discusses rideshare accidents and passenger rights in this blog.
Who Is Liable for Damages From a Rideshare Accident in Chicago?
In Illinois, the person who caused the car accident can be held financially liable for damages. Depending on the circumstances, two or more parties could share liability for causing the accident. Generally, passengers are not liable for accidents unless they intentionally or negligently contribute to the cause of the crash.
Therefore, you must determine who is responsible for causing the rideshare accident. The parties involved will likely blame each other to avoid liability. Therefore, as a passenger, you may want to hire an attorney to handle your claim. Your lawyer investigates the rideshare accident to gather evidence proving how the crash occurred and who is responsible.
The rideshare driver could be liable if they caused the accident. However, motorists, bicyclists, pedestrians, and other third parties could be liable if they caused the accident.
Additionally, if you are injured in a rideshare vehicle, the driver is not responsible, and the responsible party flees or does not have enough insurance coverage, you may be covered under the rideshare company’s underinsured or uninsured motorist coverage. It is very important to reach out to an experienced attorney who understands your options for the complicated coverage issues that may exist when riding in a rideshare vehicle.
Can Uber and Lyft Be Responsible for a Passenger’s Injuries?
Rideshare drivers may be considered independent contractors, as they use their personal vehicles to transport passengers. A rideshare company will only be responsible for the negligence of an independent contractor where it can be shown that the rideshare company had the right to control the actions of the driver. Therefore, you need an experienced lawyer to help navigate the complexities of establishing that the rideshare company exerted sufficient control over the driver to establish liability and thus coverage from the rideshare company’s insurance policies.
Uber and Lyft provide insurance for their drivers. The insurance coverage depends on the driver’s status. When the app is off, the driver’s personal car insurance coverage may only apply in an accident. When the app is online and the driver is available for a trip, the insurance policy provides limited insurance coverage of $50,000 per person and $100,000 per accident for injuries. When drivers are en route to pick up passengers or have a passenger, the insurance increases to $1 million. Additionally, there may be additional funds beyond the insurance policies available, depending on the facts surrounding the accident and the amount of injuries caused.
What Should I Do if I’m Injured as a Passenger in a Rideshare Accident?
Always call 911 to report the crash, even if the drivers hesitate to report the accident. Wait at the accident scene for the police to arrive. Most rideshare apps make it easy to report the crash to the company.
If possible, gather evidence at the accident scene. Take photographs of the vehicles and the area. Ask witnesses for their contact information and names. Take screenshots of the app that you are using and the ride that you are on.
See a doctor as soon as possible after a rideshare accident. Even if you feel “okay,” you may have sustained injuries. Documenting your injuries with medical records is a critical step in the claims process.
Because you are dealing with multiple parties and large rideshare companies, seeking legal advice from an experienced rideshare accident lawyer as soon as possible is wise.
Get More Information by Calling Our Chicago Personal Injury Attorneys
Filing accident claims with Lyft, Uber, and other rideshare companies can be frustrating. Their insurance companies are more interested in limiting liability than paying a fair settlement amount. Contact Hale & Monico to meet with a Chicago personal injury attorney to discuss how we can help you get the compensation you deserve after a rideshare accident in Illinois.