What Happens If an Uber Driver Hits Your Car in Chicago?

Our Chicago ridesharing accident lawyer team is here to help you understand what happens if an Uber driver hits your car, explain the insurance coverage rules based on the driver’s status, and break down your legal rights and options to recover compensation in Illinois.

The Immediate Steps After a Rideshare Accident

If you’ve been involved in an accident with an Uber driver, what you do in the first few moments can significantly impact your ability to file a successful insurance claim. First, check yourself and any passengers for injuries. If anyone is hurt, call 911 right away. Your health always comes first. If it’s safe to do so, move your vehicle out of traffic to avoid further danger.

Next, call the police. Even if the damage seems minor, having an official police report can strengthen your claim later.

Under Illinois law (625 ILCS 5/11-406), any motor vehicle accident resulting in death, injury, or property damage exceeding $1,500 must be reported to law enforcement. If the vehicle is uninsured, the threshold drops to $500. Reporting is not only smart — it’s mandatory.

Exchange information with the rideshare driver. You’ll need their full name, phone number, driver’s license details, and both their personal auto insurance information and any insurance provided by Uber. It’s important to collect both, as coverage may shift depending on their status in the app at the time of the crash.

Document the accident scene thoroughly. Take photos of the vehicles, damage, skid marks, street signs, traffic signals, and any visible injuries. If there are witnesses nearby, ask for their contact information and a brief description of what they saw. Their account can help clarify fault, especially if liability is contested later.

Understanding Rideshare Insurance Coverage

Uber drivers are classified as independent contractors in Illinois, which limits direct liability against the rideshare companies. However, Illinois law (625 ILCS 57/1), also known as the Transportation Network Providers Act, requires these companies to provide minimum liability coverage while a driver is logged into the app.

Scenario 1: Driver Offline (App Off)

If the driver was not logged into the app when the crash occurred, they are considered to be driving their personal vehicle for private use. In this case, their own auto insurance (personal policy) applies, just as in any other car accident.

You would file your insurance claim against the driver’s personal insurance, not Uber.

Scenario 2: Driver Online, Waiting for a Ride Request

If the rideshare driver was logged into the app but had not yet accepted a ride, limited contingent liability insurance kicks in:

According to Uber’s policies and Illinois law, this typically includes:

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

However, this coverage is secondary to the driver’s personal insurance and only applies if that coverage is insufficient or denied.

Scenario 3: Driver En Route to Pick Up or Has a Passenger

If the Uber driver was on the way to pick up a rider or had a passenger in the car, Uber provides $1 million in third-party liability insurance coverage.

Reporting the Accident to Uber/Lyft

You should also report the accident through Uber’s platform, even if you aren’t sure whether the driver was actively working. You can report an accident through their Help section in the app or at help.uber.com.

This triggers an internal review and puts their insurance company on notice. Don’t assume the driver has done this on your behalf.

Don’t Talk to the Insurance Company Without a Lawyer

You may be contacted by:

• The rideshare driver’s personal insurer
• The rideshare company’s insurance company
• Your own auto insurance policy provider

Do not give a recorded statement, sign anything, or agree to a settlement without talking to a lawyer. These companies are skilled at minimizing payouts and may try to use your words against you. The more serious the injuries or damages, the more essential legal protection becomes.

Why You Need a Chicago Car Accident Lawyer After a Rideshare Accident

Rideshare crashes aren’t like standard motor vehicle accidents. There are multiple insurance policies involved, blurry lines between employment and independent contracting, and often delayed liability determinations.

A skilled Chicago rideshare accident lawyer can:

• Determine which insurance policies apply
• Identify all liable parties
• Gather evidence and documentation (dashcams, traffic cameras, police report, witness statements)
• Handle all communication with the insurance company
• Negotiate for maximum compensation
• File a personal injury lawsuit if needed to protect your rights

What Damages Can You Recover After an Uber or Lyft Accident?

If you’ve been injured or suffered losses in a crash involving a rideshare vehicle, you may be eligible to recover compensation for:

• Medical expenses (emergency care, surgeries, rehab, follow-up visits)
• Future medical treatment for long-term injuries
• Lost wages if you missed work or can’t return to your job
• Property damage to your car or belongings
• Pain and suffering
• Emotional distress
• Other out-of-pocket costs

Your attorney will calculate both economic and non-economic damages as part of your total claim.

Proving Fault in a Rideshare Car Accident After an Uber or Lyft Driver Hits Another Vehicle

Fault is typically determined by:

• The police report
• Eyewitness accounts
• Photos and video footage
• Statements from both drivers
• Vehicle damage location
• In serious cases, accident reconstruction experts

Even if you’re confident the rideshare driver caused the crash, the insurance company may try to shift blame. That’s why a lawyer’s investigation is crucial.

Are Rideshare Drivers Considered Employees in Illinois?

Rideshare drivers in Illinois are considered independent contractors, not employees, a distinction that matters for liability purposes. This classification, backed by court precedent and reinforced under state guidelines, generally shields Uber from direct negligence claims unless gross misconduct or failure in hiring/supervision is involved.

Statute of Limitations for Rideshare Accident Claims in Illinois

Under 735 ILCS 5/13-202, you have two years from the date of the accident to file a personal injury lawsuit in Illinois. If you’re seeking compensation for property damage only, the statute of limitations is five years. These deadlines apply whether the at-fault party was a traditional driver or a rideshare driver logged into the Uber platform.

Lawsuits related to Uber accidents occurring in Chicago are typically filed in the Circuit Court of Cook County, which handles civil claims arising within the city. All legal filings must comply with the Illinois Code of Civil Procedure, including proper service, venue, and pleading requirements.

Failing to act before the statute of limitations expires can permanently bar your right to recover compensation.

How Can a Lawyer Maximize Compensation?

An attorney can make a substantial difference in how much you recover after a rideshare crash. Here’s how:

• Accurately assess all losses, including future expenses and emotional damages
• Handle all insurance negotiations, pushing back against low offers
• Avoid costly mistakes, such as missed deadlines or misstatements
• File a lawsuit when necessary to secure full and fair compensation

Most importantly, your lawyer works in your best interest, not the insurance company’s.

Book a Free Consultation

If you’ve been injured in an accident involving an Uber driver in Chicago, getting experienced legal guidance can make all the difference. Our Chicago car accident attorneys understand the complexities of rideshare insurance, driver classifications, and how to hold all liable parties accountable.

We offer free, no-obligation consultations and handle all rideshare accident cases on a contingency fee basis, meaning you pay nothing unless we win. Contact our team today to discuss your case and take the first step toward securing the compensation you deserve.

Call our legal team at (888) 424-5757 or fill out our online form to book a free 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.