Chicago Workers’ Compensation Lawyers & Illinois Injury Lawyers

How Do I Go About Seeking Insurance Claim Payments if I Was Hit by an Uber or Lyft Driver?

| Jul 9, 2019 | Automobile Accidents, Uber/Lyft |

If you’re hurt in an accident where the at-fault driver was an Uber or Lyft driver, you may be concerned about getting a proper and full payout for your claim. Fortunately, rideshare companies like these offer liability insurance for their drivers. That coverage only applies in certain situations and, even if it does, it may require strenuous effort (just like in many other insurance situations) to get the insurer to pay up. To be sure that you are pursuing your claims in the right way, and getting the full payout that you deserve, be sure you have a knowledgeable Chicago injury attorney guiding you throughout the process.

As it now stands, Uber and Lyft drivers in Illinois are generally considered independent contractors. As a result of that, if your injuries were the result of an Uber or Lyft driver’s negligence, the rideshare company may try to get the driver’s personal insurance to pay. Many drivers’ personal insurers, however, will refuse claims resulting from the driver’s Uber/Lyft activities unless the policy includes commercial coverage. That’s because most personal policies say that the driver must use the vehicle only for personal use and, if she/he doesn’t, then the insurer isn’t liable for paying claims based on that non-personal-use accident.

Fortunately, there is the insurance coverage held by Uber or Lyft. The amount of compensation that you may be able to seek depends on what the driver was doing when the accident took place. If the driver was not logged into the Uber or Lyft app at the time of the accident, then Uber or Lyft’s insurance will say that the driver was not operating as a rideshare driver at the time and will deny coverage. (Of course, if that happens, then you may be able to assert successfully that the driver was using the vehicle for personal use in that moment and pursue a successful claim against the driver’s personal insurance.)

If the driver is logged in but has accepted no ride request at the time of the accident, the Uber/Lyft insurance coverage limit is 50/100/25, meaning $50,000 per injured person, $100,000 per accident (total) and $25,000 of property damage coverage.

If the driver has accepted a ride request but has not yet picked up his/her passenger, then the coverage limit is $1 million. If the passenger is in the vehicle, the coverage limit is still $1 million.

Of course, if the extent of your damages exceed what the insurance coverage limits are, you may possibly be able to pursue a successful claim with your own insurance company assuming that you have underinsured/uninsured motorist coverage.

If someone who is liable to pay for your harm does not, it may be necessary to go to court. Whether it is seeking insurance claim payouts or pursuing civil litigation, you need an experienced advocate who can show you the best path forward. Count on the skilled Chicago injury attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. Our attorneys have been helping injured drivers, passengers and pedestrians for many years and are here to discuss your Uber or Lyft accident case with you. To set up a free case evaluation, contact us at 312-724-5846 or through our website.