If you were hurt in an accident involving an Uber/Lyft vehicle, you may be entitled to file insurance claims and injury lawsuits for your damages. However, these cases are complex, and you might not be able to hold Uber/Lyft directly liable.
Lawsuits can be filed against the driver who hurt you in many cases, whether that is the Uber/Lyft driver or another driver. Claims against Uber and Lyft are tricky because of the way they hire their drivers and work to insulate themselves from lawsuits. Even so, these companies still provide insurance to cover most accidents their drivers cause.
For your free case evaluation, call the Uber and Lyft accident lawyers at Rhatigan Law Offices at (312) 578-8502.
Can You Sue Uber/Lyft for a Crash in Peoria?
There are two possible ways Uber or Lyft could be at fault for a crash: as the driver’s employer or for its own negligence:
Suing Uber/Lyft for Driver Negligence
When you are injured in a car accident involving a commercial driver, you can often sue the driver and the company they work for. This is available if the following conditions are met:
- The driver is an employee of the company (not an independent contractor).
- The crash happened within the scope of their work.
- The crash was caused by the driver’s negligence.
Uber and Lyft present a challenge here because they claim their drivers are independent contractors, not employees. If this is correct, then you cannot sue Uber/Lyft.
However, the courts look at the facts of the driver’s employment, whether they serve the company’s interests or their own, how much control Uber/Lyft exerts over the driver, and other factors. We may be able to get a court to rule in favor of employee status.
Suing Uber/Lyft Directly
If the rideshare company did something of its own accord to contribute to the crash, then you can sue them directly for their share of fault. For example, if the crash was caused by a driver the company should have known was dangerous, that could be their fault.
This only comes up in limited circumstances.
If You Can’t Sue, How Do You Get Damages?
While you might not have a lawsuit directly against Uber or Lyft, you can still sue the at-fault driver in many cases. They should also be covered by insurance, potentially under multiple policies.
Not only does the driver usually have their own insurance, but Uber and Lyft are also supposed to have insurance to cover their drivers’ accidents. This policy limit is often at least $1 million per crash.
What to Do After an Accident Involving Uber/Lyft in Peoria
If you were involved in a crash, take the following steps:
- Call 911 to report the accident.
- Get medical treatment for your injuries.
- Report the crash in your app if you were a rider or rideshare driver.
- If you can remain at the scene, collect evidence (info on the driver, insurance, vehicles, weather, road conditions, lighting, location, etc.)
- Take photos of the accident.
- Look for any dash cams or nearby security cameras that might have caught the accident and find out who owns it.
- Call a lawyer.
Once you have an Uber/Lyft accident lawyer on your side, we can work to file insurance claims and potential lawsuits for your injuries.
FAQs for Uber and Lyft Accidents in Peoria
Can Cyclists and Pedestrians Sue Uber/Lyft?
If you were hit by an Uber/Lyft driver, even if you were not in a car, you may have a case against them. This, like the other injury claims, is often filed against the driver and the insurance companies, not against Uber/Lyft directly.
When Do I File My Injury Claim Against Uber/Lyft?
Once you are injured, the clock starts ticking for your claim. The Illinois statute of limitations on personal injury claims usually gives you up to 2 years from the date of the accident to sue.
There are sometimes exceptions to this rule, but they do not commonly apply in car accident claims, aside from the extension for victims under 18 years old.
Should I Work with Uber/Lyft’s Representatives After a Crash?
Uber and Lyft might try to send representatives to talk to you or call you after a crash, but you should never talk to them about your case. Direct them to speak with your lawyer, and never accept money from them.
If you do accept money, it could function as a settlement and end your case early.
Can I Settle My Claim?
Only consider settling or accepting insurance money for your injury case once you have spoken with a lawyer about your case. You should understand what your damages are worth compared to what the insurance company is offering.
If you take a settlement, your case is over. You cannot typically reopen the claim for additional compensation after accepting money or signing an agreement.
Do I Have a Case?
Personal injury cases are based on the defendant’s negligence. This means that any time the defendant caused a crash by failing to follow some legal duty, and you suffered injuries because of it, you have the potential for a case.
Most car accident claims are based on traffic violations, like speeding, running a red light, or drunk driving.
Can You Sue the Other Driver?
Sometimes the Uber/Lyft driver was doing everything right, and the other driver is at fault. Uber/Lyft’s insurance might still cover some damages, and so might your driver’s insurance. However, we will primarily seek damages from the at-fault driver under Illinois’ at-fault car insurance system.
What Evidence Do I Need in a Rideshare Accident Case?
In car accident cases, our attorneys typically look for the following evidence, though it might not all be available or necessary in every case:
- Your testimony
- Other eyewitness testimony
- Expert testimony and reports
- Medical records
- Bills and financial records showing medical costs, vehicle repairs, lost wages, etc.
- Photos of the accident scene
- Dash cam or security video of the accident.
Call Our Peoria Uber and Lyft Accident Attorneys Today
For your free case review with our Uber and Lyft accident lawyers, call Rhatigan Law Offices at (312) 578-8502.
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