In any car accident, issues of fault and insurance coverage can be troublesome and get in the way of you getting the damages you need covered. When Uber and Lyft are involved, there are even more legal issues that can cloud your case.
Our attorneys work to help injured victims get compensation, whether they were riders in the rideshare car or victims hit by dangerous Uber/Lyft drivers. You may be able to file a claim with the rideshare company’s insurance in these accidents, but lawsuits against Uber/Lyft are not as common as you might expect.
For a free case evaluation with our experienced Uber and Lyft accident lawyers, call the Rhatigan Law Offices at (312) 578-8502.
How Do You Sue Uber and Lyft for an Accident in Waukegan, IL?
While you may want to sue Uber or Lyft after a crash, the unfortunate reality is that you often cannot. There are a few legal requirements that must be met for an accident lawsuit to be filed against Uber/Lyft directly, but the way that they hire their drivers often gets in the way.
Elements Needed to Sue an Employer for an Employee’s Accident
In order to sue an employer for something its employee did, you have to show three elements:
- The at-fault worker was an employee.
- The accident happened within the scope of their employment.
- The accident resulted from the worker’s breach of a legal duty.
While the second and third elements might be met by any traffic violation or dangerous driving the Uber/Lyft driver does while on the job, the first element is not. Uber/Lyft insist that their drivers are “independent contractors,” which is common for “gig workers.”
This status prevents lawsuits against Uber/Lyft, but only if it is accurately applied.
Are Uber/Lyft Drivers Contractors?
It might be possible to argue that the Uber/Lyft driver is actually an employee, and the company’s classification was wrong. This requires looking into the facts of their employment, how much of their work is controlled by Uber/Lyft, and other factors.
If they were misclassified, then a lawsuit against their employer might be possible.
Is Uber/Lyft Directly Responsible?
Lawsuits can also be filed directly against Uber/Lyft for their own mistakes. This often allows claims for bad practices like negligent hiring and retention of drivers that the company should have known were dangerous.
If you can prove this, you might have a case directly against the rideshare company.
How to File Insurance Claims for Uber/Lyft Accidents in Waukegan, IL
Uber and Lyft accidents are often covered through insurance, but there are multiple policies that might be in play:
Uber/Lyft’s Insurance
If you were injured as a rider or the driver hit you while they were on the way to a pickup or actively driving a rider around, then the accident should be covered under Uber/Lyft’s insurance. Both companies have at least $1 million of coverage that should cover these accidents.
They may also have supplemental coverage that can pay for additional damages beyond the driver’s insurance if the crash happened while the driver was on duty but had not yet selected a rider.
The Driver’s Coverage
All drivers in Illinois are required to carry insurance, including Uber/Lyft drivers. In fact, these drivers often have commercial policies and higher coverage amounts knowing that they run a higher risk of accidents if they spend more time on the road.
Should they cause a crash that needs to be handled through their personal/commercial insurance policy, they should have money to cover it.
Another Driver’s Insurance
Sometimes the Uber/Lyft driver is not actually at fault. If the accident was caused by a separate driver, they would be on the hook for damages, and you might be able to file a claim through their insurance.
Your Insurance
If you were driving your own car when an Uber/Lyft driver hit you, you would file a claim against them. However, your insurance might have some coverages that can help you with auto repairs and medical bills. Talk to your Uber/Lyft accident lawyers about what help your insurance provides.
Can You Sue for Uber/Lyft Accidents?
Although you might not always be able to sue Uber/Lyft, you can sue the at-fault driver in most crashes. This is true whether you are injured as a driver, a passenger, a cyclist, a pedestrian, or even a rideshare driver.
The same drivers discussed above whose insurance might cover the crash can also be sued if they caused the accident. The relevant insurance policies in place should cover the crash, whether you go through an insurance claim or a lawsuit.
FAQs for Uber and Lyft Accidents in Waukegan
What Should I Do After a Crash?
First and foremost, get yourself to safety and call 911 to report the crash and request an ambulance. Then take these steps:
- Get medical care if you need it.
- Gather information about the crash (who was involved, where it happened, what road/lighting/weather conditions were present, etc.).
- Take photos of the accident scene.
- Get the drivers’ insurance and contact info.
- Get witness contact info.
- Call a lawyer.
We can help with the rest, such as insurance claims, evidence collection, getting your medical records, etc.
Will the Driver Report the Crash?
Never assume that the Uber/Lyft driver is going to take care of the steps to report the accident. Call 911 yourself, report the accident in your app (if you were a rider), and talk to the police yourself when they arrive at the scene.
What Damages Can I Claim?
After a crash, there are four major areas of damages you should get covered. Work with a lawyer to see that all areas are covered in full.
- Medical expenses
- Lost wages your injuries cause you
- Pain and suffering
- Any property damage/vehicle damage you faced in the crash.
Call Our Uber/Lyft Accident Lawyers in Waukegan, IL Today
For your free case evaluation, call (312) 578-8502 to speak with the Uber and Lyft accident lawyers at the Rhatigan Law Offices.
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