Rideshare services like Uber and Lyft are common in Chicago. They make it easy to get around, but accidents can and do still occur. When they do, it’s not always obvious who is responsible.
What the driver was doing at the time of the accident can affect who is responsible in a rideshare crash. It can also depend on who was at fault for the crash and what kind of insurance you have.
Talking to a Chicago rideshare accident attorney and learning how this works can help you know what to expect after a crash.
Why Rideshare Accidents Are Different
Rideshare accidents are different from regular car accidents because more than one party may be involved. In a normal crash, you usually look at the drivers and their insurance. In a rideshare crash, there may also be a large company involved.
Rideshare companies provide insurance coverage for their drivers, but that coverage changes depending on whether the driver is using the app, so figuring out liability can take more time.
The Three Stages of Rideshare Accidents
What the rideshare driver was doing at the time of the crash is one of the most important things to think about. The law looks at each case in a different way.
These are the three main situations:
- If the driver wasn’t logged into the rideshare app, their personal car insurance usually applies.
- If the driver is logged into the rideshare app and waiting for a ride request, Illinois law requires liability coverage of at least $50,000 per person, $100,000 per crash, and $25,000 for property damage.
- Once the driver takes a ride request, and until the trip ends, Illinois law requires $1,000,000 in primary liability coverage. Once the passenger enters the vehicle, uninsured and underinsured motorist coverage of $50,000 also applies.
In each of these cases, the amount of insurance coverage and who is responsible for paying damages may be different.
Who Can Be Held Liable?
Who caused the accident will determine who is responsible in a rideshare crash. In a lot of cases, more than one person may be to blame.
If the rideshare driver was speeding, not paying attention, or not following traffic laws, they may be to blame. If another driver caused the crash, they could also be to blame.
In some cases, the rideshare company’s insurance may kick in if the driver was actively using the app. Rideshare companies often call their drivers “independent contractors,” which can change the way some legal arguments about company responsibility are made. But Illinois law does not automatically shield a rideshare company from liability beyond its required insurance coverage.
Because of this, figuring out who is at fault can be harder than in a normal accident.
What If You Were a Passenger?
If you were a passenger in a rideshare car, you probably weren’t to blame for the crash. But you might still have to deal with more than one insurance company.
You might be able to make a claim against the rideshare driver, another driver, or both, depending on what happened. If the driver was on an active trip, the rideshare company’s insurance might also cover them.
Passengers often have strong cases, but the process can still take a long time.
How Insurance Works in Rideshare Accidents
There can be different levels of insurance coverage for rideshare accidents. This means that more than one policy might be in effect.
For instance, in some cases, a driver’s own insurance may be the first to kick in. In some cases, the rideshare company’s policy may cover more.
It can be hard to figure out which policy applies and in what order. Insurance companies might also try to limit how much they pay.
This is one reason why many people choose to speak with a Chicago rideshare accident attorney after a crash.
Call Fabbrini Law for Help
Rideshare accident cases often involve multiple parties and different types of insurance coverage. This can make the process harder to handle on your own. Fabbrini Law can help you understand your rights and what you can do if you were hurt in a rideshare accident in Chicago.
Our Chicago rideshare accident attorneys have experience handling these types of cases and know how to deal with rideshare companies and insurance claims. To talk about your situation, call Fabbrini Law at (312) 494-3131 or fill out our online contact form.