Dealing With An Auto Accident Claim Involving A Rideshare Driver In Antioch

Dealing With An Auto Accident Claim Involving A Rideshare Driver In Antioch

As personal injury attorneys representing clients across Antioch and the state of Illinois, we’ve handled an increasing number of cases involving rideshare services like Uber and Lyft. While these platforms have made transportation more accessible, they’ve also added complexity to car accident claims. If you’ve been involved in an accident with a rideshare driver—whether you were a passenger, another driver, or a pedestrian—it’s important to understand your rights under Illinois law and what steps to take to protect yourself.

Rideshare accident cases involve multiple parties, including the driver, the rideshare company, and potentially their insurance carriers. Determining who is responsible—and which policy applies—requires careful analysis. In some cases, there may be coverage from the rideshare company’s commercial policy. In others, the driver’s personal policy may be the only source of recovery. Each situation is different, and that’s why we encourage people to contact an experienced attorney early in the process.

Understanding Rideshare Insurance Coverage In Illinois

Rideshare companies are required by Illinois law to provide insurance coverage under specific conditions. According to the Illinois Transportation Network Providers Act (625 ILCS 57), coverage depends on the driver’s status at the time of the accident:

  • If the driver is logged into the app and available to accept rides, the company must provide contingent liability coverage of at least $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage.
  • If the driver has accepted a ride or has a passenger in the vehicle, the rideshare company must provide a commercial policy of up to $1 million in liability coverage.
  • If the driver is not logged into the app at the time of the crash, only their personal auto insurance applies.

These differences matter. We carefully examine whether the driver was actively working for the platform at the time of the accident, and we investigate how the rideshare company’s insurance policies apply based on your role—whether as a passenger, driver of another vehicle, or third party.

Determining Liability In Rideshare Collisions

Like all auto accident claims in Illinois, fault in rideshare cases is based on negligence. Under 735 ILCS 5/2-1116, Illinois follows a modified comparative fault system. This means that as long as you are less than 51% at fault, you can recover compensation. However, your total recovery may be reduced in proportion to your degree of fault.

In cases involving rideshare drivers, we gather all available evidence, including:

  • Police reports
  • Witness statements
  • Dash cam or traffic camera footage
  • App data showing driver status
  • Vehicle damage and accident scene photos

This evidence helps us determine who was negligent and build a case that maximizes your recovery. Whether it’s the rideshare driver, another motorist, or even the rideshare company itself, our job is to hold the responsible party accountable.

Injured While Working As A Rideshare Driver?

If you were driving for Uber or Lyft and were injured in an accident while working, you may be eligible for compensation through the rideshare company’s insurance or the at-fault driver’s liability policy. However, you are not typically covered under Illinois workers’ compensation laws because rideshare drivers are considered independent contractors, not employees.

That means you can’t file a workers’ compensation claim under the Illinois Workers’ Compensation Act (820 ILCS 305/), but you may still have the right to recover damages for medical bills, lost wages, and pain and suffering through a personal injury claim.

Why Legal Representation Matters In Rideshare Accidents

Insurance companies work quickly to minimize what they pay—especially in rideshare cases where multiple parties are involved. We’ve seen claimants misled about policy limits, pressured into quick settlements, or denied compensation altogether.

Our team protects your interests from day one. We help you avoid costly mistakes, deal with complex liability questions, and demand fair compensation for:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Future care costs
  • Property damage

We’ve recovered compensation for clients injured in rideshare accidents throughout Lake, McHenry, and Cook counties, and we understand how to handle the unique legal challenges these claims present.

Accident Claim Frequently Asked Questions

What Should I Do If I’m Hit By A Rideshare Driver In Antioch?

If you’re involved in an accident with a rideshare driver, call the police, seek medical attention, and gather contact information from everyone involved. Take pictures of the scene and vehicle damage. Document whether the driver was working at the time. Then, contact a personal injury lawyer familiar with rideshare claims to begin the investigation and protect your rights.

Does Uber Or Lyft Always Pay For Damages In A Crash?

Not always. Whether Uber or Lyft’s insurance applies depends on what the driver was doing at the time of the accident. If the driver was not logged into the app, the rideshare company may deny liability. We evaluate the driver’s app records and seek to apply the highest level of coverage available under Illinois law.

Can I Sue Uber Or Lyft Directly?

It’s difficult. Rideshare companies classify their drivers as independent contractors, not employees, which limits their liability. However, in some cases, we may still be able to hold the company accountable if they failed to properly screen drivers or violated safety regulations. Every case must be carefully reviewed.

What Happens If The Rideshare Driver Was At Fault But Had Little Or No Insurance?

If the driver was working when the crash occurred, Uber or Lyft’s commercial policy may cover up to $1 million in damages. If they were not working, we can seek compensation through your own uninsured/underinsured motorist (UM/UIM) policy. We help clients pursue all available options for financial recovery.

Can I File A Claim If I Was A Passenger In A Rideshare Vehicle?

Yes. As a passenger, you are almost never at fault. Whether the accident was caused by your rideshare driver or another vehicle, you have the right to file a personal injury claim. We work to identify which insurance policy applies and make sure your medical expenses, lost wages, and other damages are covered.

How Long Do I Have To File A Rideshare Accident Claim In Illinois?

Under 735 ILCS 5/13-202, Illinois gives you two years from the date of the accident to file a personal injury claim. While that may seem like plenty of time, it’s important to begin the process as early as possible so that evidence can be preserved and your claim remains strong.

What Damages Can I Recover In A Rideshare Accident Claim?

You may be entitled to compensation for medical bills, future medical care, lost income, pain and suffering, and other out-of-pocket expenses related to the accident. If the injuries are permanent or life-altering, we seek damages for long-term care and reduced earning capacity.

Call Our Antioch Rideshare Accident Lawyers Today

If you’ve been injured in an accident involving a rideshare driver in Illinois, we can help you understand your rights and take the next step toward compensation. At The Law Offices of Robert T. Edens, P.C., we represent injured clients in Antioch, Waukegan, Woodstock, and across the state of Illinois with honest advice and aggressive legal representation.

Contact our Antioch car accident attorney at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. We’re ready to help from our offices in Antioch (392 Lake St.), Waukegan (325 Washington St.), and Woodstock (1212 North Seminary Unit 1).

Call today for a free consultation

(847) 395-2200