Ridesharing is very popular in Chicago, as well as other parts of the State of Illinois, even though Uber and Lyft prices are skyrocketing in 2021 as a result of the pandemic. Read, “Uber, Lyft Riders Are Paying More And Waiting Longer,” written by Nina Molina and published by the Chicago Sun Times on June 22, 2021. Ridesharing in the Windy City is recognized today as an established alternative mode of transportation; long gone is the earlier reputation given to Uber and Lyft of ridesharing apps being a passing trend.
Accordingly, anyone considering ordering an Uber or Lyft rideshare in the Chicago metroplex should understand how their injury claims will be addressed, should that ridesharing trip end up in a serious or fatal motor vehicle accident.
Bodily Injury Claims After a Chicago Car Crash
Longstanding Illinois personal injury law provides protection for anyone who is injured in a motor vehicle accident within the state. Both statutes and court case precedent define not only who can pursue injury claims under Illinois law, but the different types of damages are identified as being available to the victim. These include:
1] Medical Care for Physical Injuries
Victims of motor vehicle accidents in the State of Illinois may be able to demand that those with legal responsibility for the incident pay their medical expenses, including not only their immediate treatment at the scene of the crash, but subsequent hospitalization(s), surgeries, physical therapy and rehabilitation, and other necessary medical care in the future.
2] Pain and Suffering
Motor vehicle accident victims may suffer debilitating, extensive physical harm with accompanying pain and suffering that can range from passing minor aches and discomfort to long-term excruciating agony. The law recognizes pain and suffering damages for motor vehicle accident victims. See, Chang, Yun‐chien, et al. “Pain and Suffering Damages in Personal Injury Cases: An Empirical Study.” Journal of Empirical Legal Studies 14.1 (2017): 199-237.
- For more on pain and suffering, read: Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
3] Lost Income and/or Earning Capacity
Other forms of damage resulting from a motor vehicle accident can also be sought by the accident victim in an injury claim presented to those with legal responsibility for the crash. These include compensation for the lost wages or income suffered by the accident victim because they have not been able to work after being hurt in the incident (“lost wages”). They can also include compensation for future lost wages or income, where the accident victim has suffered such extensive bodily injuries that they can no longer expect to earn a living in the same way in the future (“lost earning capacity”).
Chicago Ridesharing Crashes vs. Other Motor Vehicle Accidents
In a collision between two motor vehicles in Illinois, the general accident injury laws provide how the injured victim proceeds to establish the liability of the driver who is at fault and caused the crash. Legal claims based upon negligence law proceed with the victim investigating facts that confirm the driver breached his or her duty of care to the victim, and that this breach resulted in the victim being hurt in the collision.
However, when the collision involves a rideshare, the laws change. Ridesharing cases are treated differently under Illinois law than standard car accident cases. This is because of the complications involving the driver working as a ridesharing driver at the time of the incident; the involvement of the ridesharing company (i.e., Uber or Lyft) as potentially sharing liability for the accident and its aftermath; and specific laws and legislation that apply to the ridesharing operation.
1] In a Chicago Rideshare Accident, the Uber or Lyft Driver is Using Their Vehicle as a Business Gig
When someone decides to drive for Uber or Lyft in Chicago (or elsewhere in Illinois), then they may drive the same car or SUV they have for personal use but they are now operating that motor vehicle for business purposes. This may make a difference in how their auto insurance policy considers any accident claim that is filed by a victim after that driver has caused a crash. Personal use policies do not extend themselves to commercial use of the vehicle absent an “endorsement” or hybrid policy paid for by the policyholder. Read, “Rideshare Insurance for Drivers: Where to Buy It, What It Covers,” written by Kayda Norman and published by NerdWallet on June 1, 2020.
Therefore, the same policy that might cover a crash if the rideshare driver was on personal time may deny coverage if the driver was ridesharing for Uber or Lyft when the collision occurred and failed to extend the personal policy for ridesharing use of the vehicle.
2] Uber and Lyft Insurance Coverage in a Rideshare Crash
In a standard motor vehicle accident in Chicago, absent complexities like defective products or design failures involving product liability laws, there will be a negligence claim to advance against the driver who was in breach of his or her duty of care and caused the accident. The driver’s insurance policy will be looked to for coverage of the accident claim.
However, when the personal car of the negligent driver is being used for rideshare services, then the accident victim may also have a claim to file against the rideshare company who provided the software app that allowed the rideshare service to take place.
The State of Illinois has passed specific legislation that requires Uber, Lyft, and other rideshare companies to provide insurance coverage in the event of a rideshare accident. The Illinois Transportation Network Providers Act (2015)(625 ILCS 57/) and the Ridesharing Arrangements Act (2018)(625 ILCS 30/) work to protect victims of ridesharing motor vehicle accidents in the State of Illinois.
In the State of Illinois, rideshare companies must provide accident insurance coverage in the event of a motor vehicle accident involving a ridesharing vehicle operated by an Uber or Lyft driver.
Once the rideshare driver has accepted a passenger into his or her vehicle, then the ridesharing company’s insurance coverage takes over. Uber or Lyft policies cover any motor vehicle accident at this juncture. This is also true for the rideshare driver who has accepted the ride but is on the way to pick up the passenger at the time of the accident.
Insurance carriers summarize the relationship between the rideshare driver’s insurance coverage and the coverage provided by Uber or Lyft as four (4) periods:
- Period 0: The Uber or Lyft Driver is offline from the Rideshare App (Uber, Lyft) and any crash is covered by the driver’s personal auto insurance policy coverage;
- Period 1: The Uber or Lyft Driver is online to the rideshare app and ready to work, but has not received a ride request at the time of the motor vehicle accident; here, the driver’s insurance coverage and/or the Uber or Lyft policies may cover the accident claims;
- Period 2: The Uber or Lyft Driver is online, and has received a ride request through the rideshare app but has not picked up his or her passenger at the time of the accident; in these situations, the Uber or Lyft policies cover the accident injuries; and
- Period 3: The Uber or Lyft Driver has a passenger and is taking the rider to his or her destination at the time of the motor vehicle accident; here, the insurance coverage of Uber or Lyft applies to the incident.
For more detail, read “What Is Rideshare Insurance?” written by Ava Lynch and published by The Zebra on July 4, 2021 and the NerdWallet article (cited above).
Chicago Rideshare Crash Claims and Justice for Illinois Ridesharing Accident Victims
If you or a loved one are injured in a motor vehicle accident involving a rideshare vehicle, such as an Uber or Lyft ridesharing crash in Chicago, it is important to know that your injury claim is different from other motor vehicle accident cases.
Ridesharing accidents have specific laws and regulations that apply to the accident and its resulting liabilities including applicable liability insurance coverage.
Injured victims of a rideshare crash in Chicago or elsewhere in Illinois may find the assistance of an experienced ridesharing accident injury advocate to help them in their pursuit of justice as invaluable, particularly in the face of the historic aggressive denials of responsibility by Uber and Lyft in these matters.
For more, read:
- Lyft or Uber Driver Car Crash: Liability in Rideshare Driver Accidents
- Uber Accidents in Chicago: The Growing Danger of Serious Injury in an Uber Rideshare Car Crash
- Lyft Accidents in Chicago: Liability for Ridesharing Car Crash Injuries
- Ridesharing Accidents: Claims for Injuries during Uber or Lyft Ridesharing Car Crash
- Ridesharing Accidents in Indiana and Illinois: Uber and Lyft Injury Claims.
Ridesharing in Chicago or other parts of Illinois may be a practical alternative for you or a loved one but it is vital to know the consequences of this choice in the event of an accident. Please be careful out there!
