After a rideshare crash, one fact can determine which insurance policy applies: what the driver was doing in the app at the moment of impact. Illinois law sets different coverage requirements when a driver is offline, waiting for a request, or transporting a passenger.
No single policy limit applies to every collision involving Uber or Lyft. We represent injured people throughout Northern Illinois, and attorneys Rick Turner and Margie Komes Putzler examine app records, policies, and evidence of crash-related losses.
How Driver Activity Determines Rideshare Coverage
Illinois classifies a rideshare company as a transportation network company under the Illinois Transportation Network Providers Act. Its insurance requirements depend on the driver’s activity at the time of the crash:
- Driver Is Offline: If the driver isn’t logged in, personal automobile insurance is generally the starting point. Rideshare coverage requirements don’t apply simply because the vehicle is used for that purpose at other times.
- Driver Is Logged On and Waiting: From log-on until the driver accepts a request, Illinois requires at least $50,000 for one person’s injuries, $100,000 per incident for injuries, and $25,000 for property damage. These limits also apply between rides.
- Driver Has Accepted a Request or Is Completing a Ride: From acceptance through completion of the ride, Illinois requires $1,000,000 in primary automobile liability coverage for injury and property damage.
The distinction matters to everyone involved, not only the passenger. A motorist struck by a rideshare driver needs to know whether the driver had accepted a request or was still waiting for one, and the crash report alone might not provide that answer.
Which Policy Applies After a Rideshare Crash?
More than one policy may be involved, depending on the coverage period and who caused the collision. A passenger’s claim may follow a different path from one filed by a pedestrian, cyclist, or occupant of another vehicle.
Passengers During an Active Ride
Once a driver accepts a request and until the ride ends, the required active-ride policy provides primary coverage. It doesn’t depend on the personal auto insurer denying the claim first.
For a passenger, this tier also includes uninsured motorist coverage and underinsured motorist coverage of $50,000 from entry into the vehicle until exit. These coverages matter when another driver caused the crash but has no insurance or too little insurance to cover the passenger’s losses.
People Outside the Rideshare Vehicle
Another driver, a pedestrian, or a cyclist may pursue a claim against the at-fault party’s applicable policy. If the rideshare driver was logged on but waiting for a request, the company must maintain contingent liability coverage at the $50,000/$100,000/$25,000 limits when the personal policy excludes rideshare use or doesn’t meet those limits.
Fault still must be established. A collision may involve allegations against the rideshare driver, another motorist, or multiple parties, so policy limits alone don’t determine whether a claim will be paid.
Records That Establish the Coverage Period
Preserving records early is often as important as identifying the insurer. A driver may say they were waiting for a request when trip data shows they had already accepted one, or the records may establish the opposite.
Useful records to preserve include:
- Trip confirmations and ride receipts showing the pickup, drop-off, and trip time.
- Screenshots of activity, route information, driver details, and messages.
- The police report, photos of the vehicles and crash scene, and witness contact information.
- Medical records, bills, work-loss information, and insurer communications.
Passengers should report the collision through the rideshare app to create a record with the company. Don’t assume an insurer’s first statement about coverage is final before the trip data and timeline have been reviewed.
In our investigation, we review police reports, available platform data, insurance information, and witness accounts. This evidence helps establish both the applicable coverage period and how the collision happened.
How Fault & Filing Deadlines Affect a Claim
Even the highest coverage tier doesn’t override Illinois fault rules. Under modified comparative fault, an injured person who’s more than 50 percent responsible for a crash can’t recover damages. When that person’s share of fault is 50 percent or less, damages are reduced by the same percentage.
Illinois generally gives an injured person two years from the date of injury to file a personal injury lawsuit. The statute of limitations can be shorter when a public entity or government agency is involved, including claims subject to a one-year limitation period. Delaying an investigation can also make it harder to obtain records and identify the responsible parties before the deadline.
How We Evaluate Rideshare Injury Claims
We handle claims involving passengers, motorists hit by rideshare vehicles, and pedestrians or cyclists struck by rideshare drivers. Our process begins with a thorough consultation and investigation. We then review the applicable policies, communicate with adjusters and company representatives, and assess the collision’s full impact.
Depending on the facts, recoverable losses may include:
- Medical expenses
- Lost income
- Pain and suffering
- Transportation costs for medical appointments
- Other collision-related losses
The evidence, available policies, allocation of fault, and nature of the injury all affect the claim. Preserve the trip information, keep records of treatment and expenses, and don’t treat the driver’s activity in the app as a minor detail.
If you need guidance on these issues, Turner Law Group can review your rideshare accident claim and explain the next steps. Reach our team at (800) 653-0198.