CHICAGO, IL – Rideshare apps have grown exponentially over the past few years. Many riders use Uber or Lyft as their primary means of transportation. According to a report released by Forbes, in 2019 alone, there were more than 6.9 billion rides. Passengers that were injured in a rideshare accident, such as Uber or Lyft, are entitled to compensation for their injuries. The responsibility for any injuries or property damage is assigned to the at-fault driver who caused the accident.
Taking a Look at Uber’s Liability Coverage
Rideshare services have led to a 3% increase in overall car accident fatalities. Uber vehicles were involved in 97 fatal crashes between 2017 and 2018, according to the National Highway Traffic Safety Administration (NHTSA). A study by NHTSA findings reveal some disturbing statistics:
- Nearly 1,000 daily car accident deaths are due to the increasing number of rideshare vehicles on the road.
- Uber vehicles were involved in 97 fatal crashes between 2017 and 2018.
- Those crashes led to 107 deaths.
- 21% of those crash victims were riders.
- 21% of those crash victims were drivers.
- The remaining 58% of crash victims were third-party drivers or passengers.
Unlike taxi cabs, ride-share vehicles are not considered common carriers under the law, so they are not held to the same safety standards and financial liabilities.
State laws regulate ride-sharing services and may vary in different states. Depending on which state you live in, the law will look at state ride-share regulations, as well as who was at-fault for the accident. View Illinois Ridesharing Arrangements Act here.
Insurance Has an Impact on Injury Cases
Insurance plays a significant role in personal injury claims. If the Uber driver is at-fault, the passenger can file a personal injury claim for up to $1 million against Uber’s Liability Coverage. If another driver is at-fault, injury victims must rely on the driver’s bodily injury liability coverage with his/her own personal auto insurance provider. If the driver at-fault was uninsured or underinsured, injury victims may be able to file a claim against Uber’s uninsured/underinsured motorist coverage. THis coverage may also apply if the accident was a hit and run.
Uber drivers are covered under four major insurance companies in the United States: Allstate, Farmers, Liberty Mutual, and Progressive; however, this insurance will only pay out for injured when the Uber driver is logged into the Uber app at the time of the accident. This shows that the driver is fully on-duty and en route to pick up a passenger or delivering a passenger to designated location.
If the driver is logged into the app, bodily injury typically covers $100,000 per accident, $50,000 in bodily injury per person, and $25,000 in property damage per accident. If an Uber driver is en route to pick up a passenger or providing a trip, auto insurance limits are much higher. Specifically, they are: $1,000,000 third-party liability, $250,000 in uninsured motorist bodily injury, and contingent comprehensive and collision to actual cash value of the car).
If the driver is not logged into the app, Uber will not assume liability for injuries and any accident claims filed against the company’s insurance policy will likely be denied. To collect compensation for medical bills, lost wages, and pain and suffering, an Uber accident attorney can file a personal injury claim on your behalf to recover compensation from the at-fault party’s insurance company.
Filing a Claim: Drivers and Passengers
Since passengers are rarely at-fault for an accident, they are more likely to have a better chance of recovering compensation versus an Uber driver. Uber drivers may also be found partially at-fault for an accident, even if they were hit by another driver. Partial liability may be assigned to the Uber driver if the following conditions can be proven:
- Distracted driving
- Reckless driving
- Running a red light or stop sign
- Disobeying traffic laws
- Alcohol and/or drugs
Finding an Uber Accident Attorney in Illinois
If you were injured in a rideshare accident, the Uber accident attorneys at the Dinizulu Law Group are here to help you navigate the aftermath of filing a personal injury claim. To learn about what legal action you can take to seek compensation for your injuries, call our office at (312) 384-1920 for a free consultation today.