The short answer: Liability in an Uber or Lyft crash in Illinois usually turns on what the rideshare driver was doing at the time of the crash.
   A. App off? Then, the driver’s personal auto policy applies.
   B. Logged in but waiting on a ride request? Then, the rideshare company provides limited contingent coverage.
   C. Once a ride is accepted, and until the passenger is dropped off. Then, the $1 million commercial policy applies.
Getting hurt in a rideshare crash is confusing in ways an ordinary car wreck isn’t. You may not know whether to look to the driver, to Uber or Lyft, or to another motorist, and several insurers may be pointing fingers at each other while you’re stuck with the medical bills.
Michael J. Lichner has spent over a decade helping injured people in Joliet and throughout Will County answer exactly these questions. Your consultation is free, and there’s no fee unless we recover compensation on your behalf.
In this article, our Joliet Uber and Lyft accident lawyer discusses:
- How liability works in Illinois rideshare crashes.
- The insurance coverage available at each stage of a trip.
- Who can file a claim: passengers, other drivers, and pedestrians.
- How Illinois’ comparative negligence rule affects your recovery.
- Why rideshare claims are harder to settle than they look.
1. Who is liable for an Uber or Lyft accident in Illinois?
Liability comes down to two things: who caused the crash, and what the rideshare driver was doing the moment it happened. Rideshare companies such as Uber and Lyft are referred to as Transportation Network Companies (TNC). Illinois treats Uber and Lyft drivers as independent contractors, and a TNC is not deemed to own, control, operate, or manage the vehicles used by TNC drivers. Hence, the companies rarely accept direct responsibility for a driver’s negligence. Instead, the Transportation Network Providers Act (625 ILCS 57) establishes a tiered insurance system based on the driver’s status in the app. Figuring out which tier applies can be the difference between a very modest policy and a $1 million one. That’s exactly why these cases reward careful analysis.
2. How does rideshare insurance coverage work at each stage?
Illinois law ties coverage to three distinct phases of a rideshare trip. Here’s how each one works.
 A. App off: the driver’s personal policy
When the app is off, the driver is a private motorist. Only their personal auto insurance applies, and the commercial coverage from Uber or Lyft isn’t in play. If that driver caused your injuries, your claim looks like any other Illinois car accident case.
 B. App on, waiting for a request: contingent coverage
Once a driver logs in but hasn’t yet accepted a ride, the rideshare company must provide contingent liability coverage of at least $50,000 for death and personal injury per person, $100,000 per incident, and $25,000 for property damage. This contingent coverage is maintained by the transportation network company and typically applies only if the driver’s own insurer won’t, which leaves plenty of room for disputes.
 C. Ride accepted through passenger drop-off: the $1 million policy
From the moment a driver accepts a ride request until the trip is complete, a far larger policy applies. Automobile liability insurance during this period is primary and in the amount of $1,000,000 for death, personal injury, and property damage. This top tier covers the passenger in the car as well as others hurt in the crash.
3. Who can file a claim: passengers, other drivers, or pedestrians?
Anyone injured by a negligent rideshare driver can pursue a claim, though the path to recovery differs for each. As a passenger, you almost never share fault, so your focus is identifying which policy applies based on the trip’s status. If you were another driver struck by a rideshare vehicle, you may file a claim against the driver’s personal insurer, the company’s coverage, or both, depending on the app’s status at the time of the crash. Pedestrians and cyclists face the same tiered analysis and may also have a claim against their own underinsured motorist coverage if the at-fault policy falls short.
Facing an insurer that’s already blaming you for the crash? Contact Michael J. Lichner for a free consultation before you give a recorded statement. Call 815-258-7877.
4. How does Illinois’ comparative negligence rule affect your claim?
Illinois follows modified comparative negligence with a 50% bar. Under 735 ILCS 5/2-1116, you’re barred from recovering damages if your contributory fault is more than 50% of the proximate cause of your injury. However, if your share is not more than 50%, you can still recover, with any damages allowed diminished in proportion to your fault. In plain terms: if you’re found 50.1% responsible, you walk away with nothing. Rideshare insurers know this rule cold, and they’ll often try to shift blame onto you, whether you were a passenger, another driver, or a pedestrian, to push your fault over the line or shrink what they owe.
5. Why are rideshare accident claims harder to settle than they look?
Rideshare cases routinely involve several insurers with competing incentives to deny coverage. The driver’s personal insurer may argue the app was on. The rideshare insurer may argue the driver hadn’t accepted a ride yet. Each wants the other to pay first. Sorting it out takes app records, trip data, and a clear reconstruction of the driver’s status at the moment of impact. Through LiSi Law, LLC, Michael J. Lichner has the resources to obtain that evidence and pursue complex, multi-insurer claims against companies backed by teams of defense attorneys. He builds cases designed to withstand scrutiny from insurance defense counsel.
Frequently asked questions about Uber and Lyft accidents in Illinois
How long do I have to file a rideshare accident claim in Illinois?
Illinois generally gives you two years from the date of the injury to file a personal injury lawsuit. Illinois has a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. App data and trip records can disappear quickly, so it’s best to act well before that deadline.
What if the Uber or Lyft driver wasn’t at fault?
You can still recover from whoever caused the crash, whether that’s another driver or a third party. The other driver’s policy may apply, and in some situations, more than one policy is available to cover your injuries.
Does it cost anything to talk to a lawyer?
No. Michael J. Lichner offers free consultations, and you don’t pay a fee unless we recover compensation for you.
Talk to a Will County rideshare accident lawyer
If you were injured in an Uber or Lyft crash in Joliet, Will County, or anywhere in Northern Illinois, don’t let several insurance companies decide among themselves what your case is worth. Michael J. Lichner will identify every applicable policy, document your damages, and hold the responsible insurer accountable. Contact Michael J. Lichner for a free consultation. Call 815-258-7877 or visit our office at 350 Houbolt Rd., Suite 209, Joliet, IL 60431.
Past results do not guarantee future outcomes. Every case is different.