Hurt in an Uber or Lyft in Chicago? Your Claim Starts Here
Filing an Uber or Lyft injury claim in Chicago generally starts with finding out which insurance policy applies, saving evidence quickly, and filing within Illinois’ two-year deadline for most personal injury lawsuits. Rideshare claims can be harder than typical car accident claims because the coverage depends on what the driver’s app was doing when the crash happened. McDevitt and Cobb P.C. has a dedicated Rideshare, Uber, and Lyft accident practice and more than 40 years of injury law experience. The firm can help you file a rideshare injury claim and deal with the insurers while you focus on getting better.
If you or someone you love was hurt in a rideshare crash, McDevitt and Cobb P.C. offers free case evaluations by phone or in person. You pay no retainer or cost unless the firm wins. Call 312-332-0072 or contact us now to talk about your options.
Why the Driver’s App Status Decides Which Insurance Pays
The driver’s app status at the moment of the crash usually decides which insurance policy applies to your claim. The Illinois Transportation Network Providers Act calls Uber and Lyft "transportation network companies" (TNCs) and calls their drivers "TNC drivers" under 625 ILCS 57/5. Under that section, TNC services begin when a driver accepts a ride request, continue while the passenger is in the car, and end when the passenger gets out.
The TNC insurance requirements in 625 ILCS 57/10 set different coverage levels for each phase of app use. Here is how the coverage generally breaks down:
- Logged off: Generally, only the driver’s personal auto policy applies.
- Phase 1 (logged in and waiting, or between rides): Coverage must be at least $50,000 per person and $100,000 per incident for death and personal injury, plus $25,000 for property damage. The driver’s policy, the TNC’s policy, or both together can meet this requirement, and the TNC must also carry contingent coverage at these amounts in case the driver’s own policy excludes the crash or falls short (625 ILCS 57/10(b)(1)-(2)).
- From accepting a ride until the ride ends: Primary auto liability coverage of at least $1,000,000 for death, personal injury, and property damage is required. The driver’s policy, the TNC’s policy, or both together can meet this requirement (625 ILCS 57/10(c)(1)(A)-(C)).
- Passenger UM/UIM: The Act requires $50,000 in uninsured and underinsured motorist coverage while the passenger is in the vehicle (625 ILCS 57/10(c)(2)).
For most passenger injury claims, the $1,000,000 coverage is the main source of recovery. Several other protections also help. The insurer providing the required coverage has a duty to defend and indemnify, and coverage cannot be conditioned on a personal auto insurer first denying the claim (625 ILCS 57/10(c)(3)-(4)). If the driver’s own insurance has lapsed or does not provide the required coverage, the TNC’s insurance must provide it beginning with the first dollar of the claim (625 ILCS 57/10(d)). These rules are meant to stop insurers from blaming each other, but they can still argue over facts such as when a ride was accepted.
💡 Pro Tip: Take a screenshot of your trip receipt, ride history, and driver details in the app as soon as you can. Timestamps can help prove which coverage phase applied.
Why Rideshare Companies Fight Liability
Uber and Lyft often argue that they are not responsible for their drivers’ conduct. Under 625 ILCS 57/5, a TNC is not treated as owning, controlling, operating, or managing the vehicles its drivers use, and it is not a taxicab association or a for-hire vehicle owner. However, 625 ILCS 57/10(e) states that the insurance section does not limit a TNC’s liability in a lawsuit for damages, including above the required coverage amounts. Illinois lawmakers have also considered proposals, such as House Bill 2231, that would treat TNCs more like common carriers. Common carriers owe passengers a heightened duty of care, so a change could affect these claims. Because the law may change, and the Act is currently scheduled to be repealed on September 1, 2028, unless the legislature extends it, current legal analysis matters.
Fault can also involve other parties, especially in multi-vehicle crashes on busy highways. Our breakdown of who is liable for a rideshare crash explains how fault may be shared among drivers, the TNC, and other parties.
How Truck Driver Hours of Service Rules Compare to Rideshare Driver Fatigue
Federal hours of service rules apply to commercial motor vehicle drivers, not rideshare drivers in personal cars. That does not make fatigue irrelevant in a rideshare case. Evidence that a rideshare driver was on the road for long stretches may support a negligence claim, and app login records may help show this.
These rules can come up directly when a semi-truck hits an Uber or Lyft. In that case, the trucking company’s logs and compliance records may become key evidence alongside the rideshare insurance claim. McDevitt and Cobb P.C. handles car, truck, tractor-trailer, motorcycle, pedestrian, and bicycle crashes. That experience helps the firm recognize when a rideshare claim involves more than one at-fault party.
Steps to File Your Rideshare Injury Claim
The firm uses a three-step approach: learning about your situation, building a strategy around your needs, and pursuing the best possible resolution. In practice, that work usually includes:
- Getting medical treatment and collecting records that link your injuries to the crash.
- Preserving evidence such as photographs, witness statements, road measurements, and vehicle data.
- Identifying every applicable policy, including the driver’s, the TNC’s, and any third party’s.
- Documenting economic losses such as medical bills and lost wages.
- Negotiating with insurers and, if needed, filing suit.
💡 Pro Tip: Report the crash in the Uber or Lyft app, but don’t give a recorded statement to any insurer before you talk with an attorney.
Rideshare injuries don’t always happen on the road. Some riders are hurt at poorly maintained pickup areas, parking structures, or curbs. Those claims may fall under Illinois premises liability law, which McDevitt and Cobb P.C. also handles.
Illinois Deadlines You Cannot Afford to Miss
Illinois generally gives you two years from the date of injury to file a personal injury lawsuit. That deadline comes from 735 ILCS 5/13-202 in the Illinois limitations provisions. If you miss it, you typically lose the right to recover. Exceptions, such as tolling for minors or legally disabled people, apply only in limited circumstances. Claims against local public entities, such as the CTA or the City of Chicago, generally must be filed within one year under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101), and some have additional notice requirements. Claims against the State go to the Court of Claims, which has its own deadlines.
💡 Pro Tip: Insurance claim deadlines and lawsuit deadlines are different. Opening a claim with an insurer does not stop the two-year clock.
What McDevitt and Cobb P.C.’s Track Record Means for Your Claim
A firm’s documented results and recognition show how it has handled cases like yours before. McDevitt and Cobb P.C. reports recovering more than $150 million for its clients. In a past rideshare case, the firm obtained a $1,495,000 settlement for a woman who suffered orthopedic injuries in a rideshare accident. Other past results include a $15,125,000 settlement for a motorcyclist with incomplete paraplegia from a construction zone crash, and a $1,750,000 settlement for a man whose leg was severely fractured in an intersection T-bone collision. On the firm’s team listing, partner Ronald W. Cobb, III is labeled "Leading Lawyers." Past results do not guarantee similar outcomes, and every case depends on its own facts.
Why You Should Choose McDevitt and Cobb P.C.
McDevitt and Cobb P.C. combines a 40+ year track record with direct, responsive attorney access. Clients can reach their attorneys directly with questions or concerns. The firm’s lawyers have experience resolving claims both in and out of the courtroom. From its downtown Chicago office, the firm serves Chicago, Cook County, and all of Illinois. It aims to handle every part of your claim so you can focus on recovery.
💡 Pro Tip: Bring your medical records, photos, and app screenshots to your free consultation so the attorney can assess your claim more efficiently.
Frequently Asked Questions
Common Questions About Uber and Lyft Injury Claims in Chicago, Illinois
1. How much insurance covers me as a rideshare passenger?
From the moment the driver accepts a ride until the ride ends, 625 ILCS 57/10(c) requires at least $1,000,000 in primary liability coverage. The Act also requires $50,000 in uninsured and underinsured motorist coverage while the passenger is in the vehicle. These are coverage minimums, not the amount you will receive. Your recovery depends on the facts, fault, and your damages.
2. What if the driver was waiting for a ride request?
Lower Phase 1 limits generally apply when the driver was logged in and waiting. Those limits are $50,000 per person, $100,000 per incident, and $25,000 for property damage, backed by the TNC’s contingent coverage.
3. How long do I have to file?
You generally have two years from the date of injury under 735 ILCS 5/13-202. Exceptions are narrow. Claims against local government entities generally have a one-year deadline, and claims against the State have their own rules.
4. Can Uber or Lyft deny responsibility?
Uber and Lyft often argue that they don’t control their drivers, based on 625 ILCS 57/5. However, under 625 ILCS 57/10(e), the insurance requirements do not limit their liability. Whether they are liable depends on the specific facts.
5. What if the driver’s insurance lapsed?
If the driver’s insurance has lapsed or does not provide the required coverage, 625 ILCS 57/10(d) requires the TNC’s insurance to provide it, beginning with the first dollar of the claim.
Moving Forward After a Chicago Rideshare Crash
A successful Uber or Lyft injury claim generally depends on identifying the right coverage, preserving evidence early, and filing on time. Illinois law offers riders important protections, but insurers and rideshare companies may still dispute fault and coverage. Experienced counsel can help you protect your rights.
Let McDevitt and Cobb P.C.’s injury team review your claim for free. Dial 312-332-0072 today or schedule your free consultation.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.
