Liability in an Illinois Uber accident generally depends on what the Uber driver was doing at the time of the crash. If the driver was logged into the app and waiting for a ride request, Uber’s contingent liability coverage applies, offering limited coverage that supplements the driver’s personal policy. If the driver had accepted a ride or had a passenger in the car, Uber’s commercial liability policy generally applies.
If the app was off, only the driver’s personal auto insurance applies, and Uber bears no responsibility.
How Do Uber’s Insurance Periods Work?
Uber’s coverage structure changes based on the driver’s status in the app at the time of the crash:
- Offline or app off: No Uber coverage applies; the driver’s personal auto policy is the only source of recovery. Illinois only requires drivers to carry auto insurance with minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. This coverage is far too low to cover most accident injuries.
- App on, waiting for a ride request: Uber provides limited liability coverage, generally up to $50,000 per person for bodily injury and $25,000 for property damage, which applies only if the driver’s personal policy doesn’t cover the incident.
- En route to pick up a passenger or during a trip: Uber’s $1 million liability policy applies, along with uninsured/underinsured motorist coverage and contingent comprehensive/collision coverage if the driver carries personal comprehensive coverage.
Determining which period applied at the moment of the crash is often the first step in identifying which policy governs a claim. An experienced attorney can help you identify the liable parties and coverage at play in your case.
Who Can Be Held Liable Besides the Driver?
Depending on the circumstances of the crash, liability can extend beyond the Uber driver alone:
- The Uber driver, if their negligent driving directly caused the crash.
- A third-party driver, if another motorist caused the collision.
- Uber itself, in limited circumstances, such as negligent driver vetting, though Uber generally classifies drivers as independent contractors to limit direct liability.
- A vehicle manufacturer, if a defective part contributed to the crash.
Identifying every potentially liable party helps ensure all available insurance coverage is considered and may unlock additional sources beyond what Uber provides.
What Compensation Can Be Recovered in an Uber Accident?
An injured Uber passenger, driver, or third party can generally recover compensation for both the economic and non-economic effects of the crash.
Recoverable damages typically include:
- Emergency medical treatment
- Ongoing medical care
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
If the accident resulted in wrongful death, surviving family members may be entitled to additional compensation for funeral expenses, lost companionship, and loss of financial support.
Given the layered insurance coverage involved in Uber accidents, an experienced Uber accident attorney in Geneva can help identify every available policy and pursue the full compensation an injured person is entitled to. Contact Feagans Law Group for a free consultation to learn more.