Can You Sue Uber If You Get in an Accident in Chicago?

Can you sue Uber if you get in an accident in Chicago? It’s a common question after a crash involving a rideshare vehicle—and the answer isn’t always straightforward.

While suing Uber directly is legally difficult due to how the company is structured, you still have clear paths to compensation. In most cases, those routes involve insurance policies rather than lawsuits against Uber itself.

Still, that doesn’t mean you’re without options. Understanding liability, the Uber driver’s status, and how the company’s insurance policy works can help you make informed decisions. In this guide, our Chicago Uber accident lawyers break down what you need to know about these accidents in Illinois and what steps to take if you’re considering a claim.

Understanding Uber Driver Employment Status: Independent Contractors and Liability

The first thing to understand is how Uber structures its business model. Uber classifies its drivers as independent contractors, not employees. This distinction plays a huge role in determining Uber’s liability in the event of a car accident.

Because Uber drivers are not technically employees, the company generally avoids vicarious liability—meaning it’s not automatically held responsible for the actions of its drivers. This shields the company from direct lawsuits in most cases, even if the Uber driver was clearly at fault.

However, that doesn’t mean you’re left without recourse. Uber provides liability insurance for passengers, third parties, and drivers, but the amount and source of that coverage depend entirely on the driver’s status at the time of the accident.

Determining Who is At Fault for the Car Accident

As with any personal injury matter, the first step is identifying who caused the accident. Liability is based on negligence, and depending on the circumstances, one or more of the following parties could be responsible:

• The Uber driver: If the Uber driver ran a red light, failed to yield, or was otherwise negligent, they may be liable.
• Another driver: If a third-party driver caused the crash, then your claim may be against that driver’s insurance policy instead.
• Uber itself: In rare cases, Uber may bear direct liability, particularly if the company failed to conduct proper background checks or ignored complaints about a driver’s conduct.

Determining fault is essential to figuring out what type of insurance claim you’ll file, who’s going to pay, and whether you can potentially pursue legal action.

Uber’s Insurance Coverage: What Applies and When?

Uber provides tiered liability insurance based on whether the Uber driver was actively engaged in transporting passengers at the time of the crash. These coverage levels are required under the Illinois Transportation Network Providers Act (625 ILCS 57/), which regulates rideshare operations in Chicago and across the state.

App Off: No Coverage from Uber

If the Uber driver is not logged into the app, Uber provides no coverage. In this scenario, any injuries or damages must be covered by the driver’s personal insurance policy.

App On, Waiting for Ride Request: Limited Coverage

When the Uber driver is logged into the app but hasn’t accepted a ride request, Uber provides limited liability insurance:

• $50,000 per person for bodily injury
• $100,000 per accident
• $25,000 for property damage

This coverage is contingent, meaning it only kicks in if the Uber driver’s insurance doesn’t apply or is insufficient.

En Route to Pick Up / During the Ride: Full Coverage

Once the Uber driver accepts a ride and is either en route to pick up a rider or actively transporting them, Uber’s full insurance policy applies:

• $1 million in third-party liability coverage
• Uninsured/underinsured motorist coverage (UM/UIM) if another driver was at fault and lacks adequate insurance
• Contingent comprehensive and collision coverage for the Uber driver (if they carry such coverage on their personal policy)

This coverage is vital for Uber accident victims who suffer serious injuries, medical expenses, or vehicle damage.

The Role of the Driver’s Personal Insurance Policy

When a rideshare accident occurs, and the Uber driver is not logged in, their personal insurance policy is the only available coverage. But here’s the catch: many personal policies exclude coverage if the driver was using their vehicle for commercial purposes, like ridesharing, without a specific endorsement.

If the driver doesn’t have this rideshare endorsement, their insurer may deny the claim. That’s why Uber’s tiered insurance policy is so important—it fills the gaps when personal coverage falls short.

When Can You Potentially Sue Uber Directly?

Although difficult, there are some situations where you may be able to sue Uber directly. This usually involves proving negligence on the part of the company, such as:

• Negligent hiring: If Uber failed to perform an adequate background check and hired a driver with a dangerous history.
• Negligent retention: If Uber received multiple complaints about a driver’s reckless or criminal behavior and allowed them to continue working.

These cases are challenging and require detailed investigations, often including access to Uber’s internal records. An experienced car accident attorney in Chicago may be able to uncover these issues and establish Uber’s liability in court.

Steps to File a Claim After an Uber Accident

If you were injured in a rideshare accident involving an Uber, here’s what you should do:

• Report the accident to the police and request a formal report.
• Seek medical attention immediately, even if injuries seem minor.
• Take photos of the scene, vehicle damage, and any visible injuries.
• Gather witness information if anyone saw the crash.
• Report the accident through the Uber app, which helps trigger the company’s internal investigation.
• File a claim with the appropriate insurance company—either Uber’s, the other driver’s, or your own, depending on fault and coverage.

Acting quickly protects your rights and preserves valuable evidence.

Dealing with Uber’s Insurance Claim Adjusters

Keep in mind that insurance adjusters—even those working for Uber’s policy—are not on your side. Their job is to limit payouts and protect the insurer’s bottom line.

Be cautious when speaking with adjusters. Don’t give recorded statements, speculate about your injuries, or accept early settlement offers. Often, the full value of your injuries isn’t known until days or weeks later. A premature settlement could leave you without enough funds to cover your medical bills or lost earnings.

What Compensation Can You Recover if Injured in an Accident?

If you were hurt in an Uber accident, you may be entitled to several types of financial compensation, including:

• Medical expenses, including emergency care, rehabilitation, and long-term treatment
• Lost wages and future lost earning potential
• Property damage to your car or personal belongings
• Pain and suffering, emotional distress, and reduced quality of life
• Permanent disability or disfigurement in more severe cases

Calculating these damages accurately requires an understanding of both medical evidence and how Chicago juries or insurers typically value such personal injury claims.

Why Hiring a Chicago Uber Accident Lawyer is Essential

Dealing with a rideshare company like Uber involves unique legal challenges—multiple layers of insurance coverage, disputed liability, and the complexities of independent contractor relationships. A skilled attorney can help by:

• Identifying which insurance policy applies based on the driver’s status
• Gathering evidence to prove negligence and liability
• Calculating the full scope of your personal injury damages
• Handling negotiations with Uber’s insurance company
• Filing a personal injury lawsuit if needed

A qualified personal injury lawyer in Chicago will know how to navigate Illinois law and pursue every available option to secure the fair compensation you deserve.

Book a Free Consultation & Take Legal Action Today!

If you’ve been in a rideshare accident involving an Uber vehicle in Chicago, don’t wait to get help. At Rosenfeld Injury Law, our legal team has handled hundreds of complex rideshare cases and knows how to hold Uber and Lyft accountable when an accident due to someone else’s negligence occurs.

We offer a free consultation to review your case, explain your options, and answer your questions. There’s no obligation, and you pay nothing unless we win. Call our legal team (888) 424-5757 or fill out our online form to book a free, no-obligation consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.