INJURED IN An UBER or LYFT ACCIDENT?
Being injured in a car accident involving a Lyft or Uber, whether as a passenger, Uber or Lyft driver, third-party driver, third-party passenger, or simply a pedestrian, is more complex than your average car accident case. Being that there are multiple players, possibly at-fault, as well as important contractual relationships to take into account in navigating the law, it is best to retain an experienced lawyer who regularly navigates the law in regard to Uber and other ridesharing companies like Lyft in Illinois.
If you were injured in an Uber or Lyft accident in Chicago as a (1) Passenger ; (2) Driver ; or (3) Third Person as a result of negligence, you may have legal recourse to file a lawsuit against Uber to seek compensation for damages, including pain and suffering, medical cost reimbursement, and wage loss, etc., as a result of your injuries.
Otherwise, you may have a valid legal claim against the personal automobile insurance policy of an involved driver. Alternatively, if you were injured due to the negligence of a third-party driver while a passenger in an Uber or Lyft, you may have a personal injury lawsuit against the driver’s personal automobile policy.
An experienced Chicago Rideshare Accident Attorneys will walk you through your options during your phone call to properly evaluate your potential lawsuit. It is important to have a copy of the police report (if you have it) and any documentation having to do with your medical assistance prior to making the call. Our legal team prosecutes Uber and Lyft cases day in and day out. Don’t take our word for it; see what our clients have to say.
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Can I File a Case Against Uber oR LYFT for my Accident?
Assuming that your Uber or Lyft driver’s negligence caused an accident leading your injury, you may have a legal right against Uber. It is important to speak to our rideshare accident lawyers to evaluate your potential claim to determine how to get the maximum recovery your case deserves.
As a Passenger in an Uber or lyft Accident
If an Uber or Lyft driver causes an accident, the victim is entitled to bring a negligence claim against the driver’s insurer, and collect an amount subject to the insurance coverage. In Illinois, Uber and Lyft are obligated to carry a primary insurance policy to cover any accidents during your ride. During your rideshare ride in Chicago, the policy covers $1,000,000 for death, personal injury, and property damage, that of which may be satisfied by either the Uber or Lyft policy, the driver’s personal policy, or a combination of both.
It may be necessary to not only file a lawsuit against Uber or Lyft, but also against a third party driver’s insurance company, depending on the circumstances.
As a Driver in an Uber or lyft Accident
As an Uber or Lyft driver, you have specific rights under Illinois law that are in place to protect you in the event of an accident. In Illinois, the Transportation Network Providers Act (625 ILCS 57) requires Uber and Lyft to insure you even without a passenger in your vehicle in the amount of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $25,000 for property damage. If you choose to sue Uber, make sure you are aware of the other insurance mandates required under the law in Chicago.
Can I File a Lawsuit against the Driver for my rideshare Accident?
You may be able to pursue a personal injury claim to sue the driver of the Lyft or Uber vehicle if the driver was negligent in the operation of the car, leading to your injuries. You may be entitled to compensation if you were injured whether you were a passenger of the Uber or Lyft or a third person driver or passenger involved in the car accident.
As a driver or passenger of a rideshare vehicle, you hold rights legislated by your state that come into play when you are injured or suffer property damage in an Uber accident. In addition to those rights, Uber and Lyft has made assurances for your benefit in the event of an accident.
If negligence played a part in your injury in your Uber or Lyft accident, you may be entitled to compensation for pain and suffering, medical expenses, wage loss, and more. It is of paramount importance that if you involved in an Uber accident to seek out an experienced Chicago Uber and Lyft Accident Lawyer that can assist you in being compensated to the maximum extent allowable under the law. Ridesharing law is an area of personal injury law that is constantly changing due to the evolving nature of the industry. Here at Rideshare Accident Attorneys, we pride ourselves in dedicating ourselves solely to Uber and Lyft rideshare accidents.
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Can I Sue a Third Party in my rideshare Accident?
Depending on the facts of your case, a third party may have caused the collision while you were in the Uber or Lyft vehicle. In this case, you would file a claim against the third party and the third party’s insurance company. It is vital to get this right at the outset, so that you are not out of luck if there is a notice period associated with the third party insurance company. Call Rideshare Accident Attorneys to determine who exactly you should file a claim against.
Can I Sue Uber or lyft as a Passenger in the vehicle?
What Should I Do If I was in an Uber or Lyft Accident?
The first thing you want to do if you were involved in an Uber car accident is call 911 and seek medical attention. Never let the driver of another vehicle talk you out of calling the police. Having a police report is essential in pursuing a personal injury claim. The report will typically include details of the car accident, including statements from the Uber driver and other witnesses.
If possible, request the other driver’s license and insurance information, in the event that the police officer doesn’t make the information available to you in his report.
If possible, stand in a safe area away from traffic and photograph the vehicles before they are moved as well as the immediate vicinity to provide pertinent evidence in your potential lawsuit.
After you have dealt with the police, if you were not taken to the hospital already, it is important to be seen by a doctor to examine yourself and document your injuries. Your medical records will be requested by a rideshare accident lawyer to be used as evidence in your Uber accident claim.
An Uber Hit Me as a Pedestrian. Can I Sue Uber?
Yes, you may hold a valid claim against Uber if you were hit as a pedestrian by a Uber vehicle. The unclear answer, though, is which policy would be in effect at the time you were hit. Contact Rideshare Accident Attorneys to determine which insurance policy would apply, and how to proceed in your claim.
How Does Illinois' Fault-Based System Apply to Uber Accidents?
As opposed to no-fault states such as Michigan, Illinois is a fault-based state, which means that courts use modified comparative negligence. This simply means that Uber or the driver is liable up to a certain percentage that they are deemed legally at fault for the accident. Given comparative nature of fault in Illinois, it is important to call an experienced rideshare injury lawyer in Chicago to represent you.
What is Uber and lyft's Insurance Policy in an Uber Accident?
Uber and LYFT Law in Chicago - 625 ILCS 57
Are Passengers Insured in an Uber or lyft Accident?
I was injured in an Uber accident. Can I file a lawsuit against Uber or lyft?
If you were injured in an Uber or Lyft accident, you hold a legal right to sue the rideshare driver under Illinois law if your injuries resulted from the carelessness or negligence of the rideshare driver. Many times, the Uber driver gets into an accident as a result of being distracted by using the app to pick up the next passenger. Damages for a rideshare car accident lawsuit can include economic damages, including lost wages, medical costs, rehabilitation, and property damages, as well as non-economic damages, comprised of pain and suffering, loss of leading a normal life, disability, and disfigurement. Punitive damages or exemplary damages are also available in certain scenarios, like drunk driving and speeding.f
An Uber or lyft accident in Chicago led to the death of a family member. What are the damages available?
If an accident in Chicago causes a death, the decedent’s family may pursue a wrongful death lawsuit against Uber or Lyft and the Uber or Lyft driver. Damages for a wrongful death Uber accident may include loss of income, loss of services, and loss of companionship.
In addition, if a car accident fatality occurs in Chicago due to the negligence of a third-party non-rideshare driver, only the third-party driver and her/his insurer can be sued. However, under Illinois’s comparative negligence system, if it can be proved that the Uber driver was at fault, even if 1%, then you may bring a claim against the Uber driver and his insurer. Uber also carries Illinois-mandated insurance policies depending on the stage of the Uber ride that are also available in the case of an accident.
What kind of insurance covers me as a passenger in an Uber or Lyft accident in Chicago?
Illinois has codified the applicable insurance periods in its Transportation Network Providers Act.
Period 1 (App open/Ride not matched) – Contingent $100K contingent liability.
Period 2 (App open/Passenger in vehicle) – $1 million liability.
Period 3 – (App off/No ride) – Driver’s Personal Insurance Policy applies.
What are Chicago's Uber & LYFT Safety Requirements?
In Illinois, Uber is obligated to conduct background checks of their drivers. Moreover, Uber cannot employ drivers who (1) has had more than 3 moving violations in the prior three-year period, or one major violation in the prior three-year period including attempting to evade the police, reckless driving, or driving on a suspended or revoked license; (2) has been convicted, within the past 7 years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence, or acts of terror; (3) is a match in the National Sex Offenders Registry database; (4) does not possess a valid driver’s license; (5) does not possess proof of registration for the motor vehicle used to provide TNC services; (6) does not possess proof of automobile liability insurance for the motor vehicle used to provide TNC services; or (7) is under 19 years of age.
Illinois law also spells out a zero-tolerance policy on the use of drugs or alcohol for Uber drivers while either carrying Uber passengers or while the app is turned on.
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