Although pursuing legal claims after a car accident in Chicago can prove challenging, getting into a crash involving a rideshare vehicle can add complexities to your case. Five of the most important differences between regular car accidents and rideshare accidents in Chicago include:
The Case May Involve a Corporation
Most car accidents solely involve the liability of the drivers involved in the crash. However, rideshare accidents can involve liability for companies like Uber and Lyft. Although rideshare accident victims may not have the right to impose employer liability against a rideshare company since most rideshare companies classify their drivers as independent contractors, Illinois law requires rideshare companies and their drivers to carry minimum levels of insurance. Thus, a rideshare company may become liable for an accident through its liability insurance coverage for its drivers.
Insurance Coverage Has Tiers and Conditions
State law requires rideshare companies and drivers to carry liability insurance. The minimum coverage required depends on the rideshare driver’s activity during an accident. Between the time a rideshare driver logs into the mobile application to make themselves available for ride and the time the driver accepts a ride request, their insurance must provide at least $50,000 per person, $100,000 per accident of bodily injury/death liability coverage and $25,000 per accident of property damage liability coverage. Once a driver accepts a ride request from a passenger, until the driver completes the request, their insurance must provide at least $1 million of combined liability coverage.
When drivers log off the rideshare company’s network, their auto insurance coverage goes into effect.
Additional Reporting and Documentation Procedures
Following rideshare accidents, injured crash victims can protect their rights by reporting the accident to the rideshare company to notify it of potential insurance or legal claims. Rideshare passengers can report an accident through the trip screen on the mobile application, and other accident victims can report crashes on the rideshare company’s website.
Accident victims should also report crashes involving rideshare vehicles to law enforcement and, when appropriate, to their auto insurance providers.
Rideshare accidents may include other evidence not available in typical car accident cases. For example, rideshare applications can keep track of GPS data and time logs that can help parties reconstruct the events leading to the crash.
Potential for More Complex Legal Claims
Rideshare accidents tend to involve more complicated legal issues than standard car accident claims due to the involvement of rideshare companies and the significant regulations on the rideshare industry. First, rideshare accident claims may involve disputes over the drivers’ status as an independent contractor or an employee/agent of the rideshare company. Third-party liability, such as that of other drivers involved in the collision, can make recovering compensation more complex for rideshare passengers.
Passenger Rights
The law generally considers rideshare passengers “innocent” parties in rideshare accidents, giving them a robust claim against the rideshare company’s insurer or other at-fault parties in the accident. Rideshare passengers may recover from the rideshare company when its driver causes a crash, or from another driver who collides with the rideshare vehicle. However, passengers in other vehicles involved in a rideshare accident may face more challenges in recovering compensation, especially if the driver of their car bears some responsibility for the crash.
Contact a Motor Vehicle Accident Attorney Today
After getting hurt in a rideshare accident in Chicago, an experienced automobile accident attorney can help you understand the differences between rideshare accident cases and other auto accident claims. Contact Saperstein Law Group today for a free, no-obligation consultation to discuss how our firm can help you seek financial recovery after an Uber or Lyft accident.