Rideshare Accident Attorneys in Bloomington, IL
A rideshare accident is not a typical car accident. Multiple insurance policies may apply; the rideshare company will likely deny any connection to the crash, and the coverage available to you depends on what the Uber or Lyft driver was doing at the exact moment of impact. Sorting that out takes a rideshare accident lawyer who understands how these cases actually work.
At Koth Gregory & Nieminski, we have represented injured accident victims throughout Bloomington-Normal and McLean County since 1990. Our personal injury lawyers know how to identify every applicable insurance policy, push back against rideshare insurers, and pursue the full compensation you deserve.
Call (309) 491-4595 for a free consultation with a Bloomington rideshare accident attorney.
What Makes Rideshare Accidents Different?
A rideshare accident claim is more complicated than a standard auto accident because Uber and Lyft drivers are classified as independent contractors—and because the insurance coverage available depends entirely on the driver’s app status when the crash occurred.
That single distinction changes everything. Rideshare companies use the independent contractor classification to argue they should not be held responsible for their drivers’ negligence. At the same time, multiple insurance carriers may dispute coverage, deny responsibility, or point the finger at each other depending on whether the driver was logged in, waiting for a ride, or actively transporting a passenger.
The Illinois Transportation Network Provider Act (625 ILCS 57/) governs how Uber, Lyft, and other rideshare services must operate in the state, including specific insurance requirements at each phase of a trip. Understanding these rules is essential to building a successful rideshare accident claim.
Who Can File a Claim After a Rideshare Accident?
You may have a claim whether you were riding in the rideshare vehicle, driving another car, walking, or biking. Each type of injured person faces slightly different issues, but all of them can potentially recover compensation.
People who commonly file rideshare accident claims include:
- Rideshare passengers injured while riding in an Uber or Lyft vehicle
- Occupants of other vehicles struck by an Uber or Lyft driver
- Pedestrians hit by a rideshare vehicle
- Bicyclists struck by a rideshare driver
- Rideshare drivers themselves, when another driver caused the crash
- Family members pursuing wrongful death claims after a fatal rideshare accident
Each category may access different insurance policies. For example, a passenger riding in an Uber that crashes typically has access to the rideshare company’s $1 million liability policy. A pedestrian hit by a Lyft driver who had just accepted a ride request can access the same coverage. But if the Lyft driver was offline when the crash happened, only the driver’s personal insurance applies. We sort through these layers and identify every source of compensation available to you.
The Four Phases of Rideshare Insurance Coverage
Insurance coverage in an Uber or Lyft accident depends on what phase of the trip the driver was in. Coverage ranges from the driver’s personal insurance—which may be very limited—to a $1 million rideshare company policy.
Here is how coverage breaks down at each phase:
Phase 1: Driver Is Offline
When the rideshare app is closed and the driver is not working, they are considered a private citizen. Only the driver’s personal insurance policy applies. Illinois requires minimum liability limits for all drivers, but those minimums are often far too low to cover serious rideshare accident injuries.
Phase 2: App Is On, No Ride Accepted
When the driver is logged into the app and waiting for a ride request but has not accepted one yet, contingent coverage from the rideshare company applies under 625 ILCS 57/10(b). This coverage typically includes at least $50,000 per person for bodily injury, $100,000 per accident, and $25,000 in property damage. Importantly, the rideshare company’s coverage is contingent—meaning it only applies if the driver’s personal insurance does not.
Phase 3: Ride Accepted, En Route to Passenger
Once the driver accepts a ride request and is on the way to pick up the passenger, the rideshare company’s $1 million third-party liability policy applies. This is a major jump in available coverage and applies to anyone the rideshare driver may injure—passengers, other motorists, pedestrians, and bicyclists.
Phase 4: Passenger Is in the Vehicle
When a passenger is actively in the rideshare vehicle, the same $1 million policy continues to apply under 625 ILCS 57/10(c). This phase also includes uninsured and underinsured motorist coverage, which protects the rideshare driver and passenger if another driver caused the accident and lacks adequate insurance.
The shift in coverage between phases is one of the most aggressively contested issues in rideshare accident claims. Insurance companies have strong financial incentives to argue the driver was in a lower-coverage phase. We obtain the digital data from the rideshare app to establish exactly which phase applied when the crash occurred.
Common Injuries in Rideshare Accidents
Rideshare accidents produce the same severe injuries as any high-impact car crash. Because passengers often ride without paying close attention to the road, they may be especially vulnerable to certain types of harm.
Injuries we commonly see in rideshare accident cases include:
- Neck and back injuries, including whiplash and herniated discs, often from sudden impact
- Traumatic brain injuries, ranging from concussions to severe TBIs with long-term cognitive effects
- Fractures, including broken arms, legs, ribs, and pelvic fractures
- Soft tissue injuries, such as sprains, strains, and torn ligaments
- Spinal cord injuries, including damage that causes partial or complete paralysis
- Internal injuries that may not appear immediately but require urgent medical treatment
- Emotional distress and post-traumatic symptoms following a serious crash
- Fatal injuries that lead to wrongful death claims
Many of these injuries are not obvious at the accident scene. Whiplash, internal bleeding, and concussion symptoms can take hours or days to appear. Always seek medical attention after a rideshare accident, even if you believe you only have minor injuries. Prompt evaluation by medical professionals protects both your health and your personal injury claim.
How Do You Prove Liability in a Rideshare Accident?
To recover compensation, you must show that another party’s negligence caused the accident. That party may be the rideshare driver, another motorist, or in some cases the rideshare company itself.
Our team builds rideshare cases by gathering:
- Police reports from the Bloomington Police Department or McLean County Sheriff
- Digital data from the rideshare app showing the driver’s status and trip details
- Eyewitness statements from people present at the accident scene
- Surveillance footage from nearby businesses
- Photos and videos of vehicle damage, road conditions, and visible injuries
- Cell phone records to investigate distracted driving
- Medical records documenting the injuries the crash caused
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. As long as you are not more than 50 percent responsible for the accident, you can still recover damages—but your award is reduced by your share of fault. If you are found 20 percent at fault, your final compensation drops by 20 percent. A skilled accident lawyer can help counter the tactics insurance companies use to shift blame onto injured victims.
What Damages Can You Recover in a Rideshare Accident Claim?
Illinois law allows accident victims to recover both economic damages (the financial costs of the crash) and non-economic damages (the human cost of pain, suffering, and lost quality of life).
Economic damages may include:
- Current medical bills for emergency room visits, surgeries, and hospital stays
- Future medical expenses for ongoing treatment, physical therapy, or long-term care
- Lost income while you recover and cannot work
- Lost wages for time spent attending medical appointments
- Loss of future earning capacity if you cannot return to the same work
- Property damage to repair or replace your vehicle
Non-economic damages compensate for:
- Physical pain and suffering
- Emotional distress and psychological harm
- Loss of enjoyment of life
- Permanent scarring or disfigurement
In tragic cases involving fatal injuries, surviving family members may file wrongful death claims under the Illinois Wrongful Death Act (740 ILCS 180/) to recover funeral expenses, loss of financial support, and loss of companionship.
How Koth Gregory & Nieminski Helps With Rideshare Accident Cases
We build rideshare cases the same way we build any serious personal injury case—thoroughly, strategically, and with full attention to the details that win or lose claims. For rideshare accident victims, that means:
- Investigating the accident in detail, including reviewing the scene and any available video
- Gathering police and crash reports and identifying any errors or gaps
- Determining the driver’s rideshare status at the moment of impact, using app data when needed
- Identifying every applicable insurance policy—personal, rideshare contingent, and rideshare third-party
- Communicating with Uber, Lyft, and their insurers so you do not have to
- Documenting your injuries and damages with input from your medical providers
- Pursuing full compensation for your medical bills, lost wages, pain, and suffering
Most rideshare claims settle, but we prepare every case as if it could go to trial. That readiness gives us leverage during negotiations and ensures we are not pressured into accepting a low offer just to close the file.
Why Local Experience Matters
Rideshare accidents in Bloomington happen on streets we know—on Veterans Parkway, at busy intersections near Eastland Mall, on I-55, and throughout downtown. Local experience helps us investigate efficiently and present your case effectively in McLean County courtrooms.
Our firm has served Bloomington-Normal for more than 35 years. That means we know the local roads, the law enforcement officers who respond to crashes, and the businesses near common accident sites that may have surveillance footage. We also know the McLean County Circuit Court, where rideshare cases are litigated when a settlement is not possible. Local familiarity is not a marketing claim for us—it is the day-to-day reality of how we practice.
What to Do After a Rideshare Accident
The actions you take in the minutes and hours after a crash can significantly affect your personal injury claim. Following the right steps preserves evidence and protects your rights.
If you are physically able, try to:
- Move to safety if you can, but stay at the scene
- Call 911 so the police arrive and create an official report
- Take photos of the rideshare vehicle, other vehicles, the road, and any visible injuries
- Exchange information with all drivers, including their personal insurance details and rideshare driver status
- Capture screenshots of your ride request, driver profile, and trip details in the app
- Collect witness contact information from anyone who saw the accident
- Seek medical attention right away, even if your injuries seem minor
- Avoid social media posts about the accident or your injuries
Then contact a ridesharing accident lawyer. Early legal action lets us preserve electronic logs from Uber or Lyft that can disappear quickly, and prevents common mistakes that insurance companies use against injured victims.
Illinois Statute of Limitations for Rideshare Accident Claims
Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to file a personal injury lawsuit in Illinois. Missing this deadline usually ends your right to recover compensation.
Two years can pass faster than it sounds. Building a strong rideshare accident claim requires medical records, expert input, app data, and detailed negotiations. Waiting until the last minute makes evidence harder to secure and weakens your position. Contacting an attorney early gives us the time we need to build the strongest possible case.
Frequently Asked Questions
What if I was a passenger and the rideshare driver was clearly at fault? You can typically recover from the rideshare company’s $1 million liability policy. Passenger injury claims are often more straightforward than other rideshare cases because the passenger is rarely at fault in any way.
What if the other driver—not the Uber or Lyft driver—caused the crash? You can pursue the at-fault driver’s insurance. If their coverage is insufficient, the rideshare company’s uninsured/underinsured motorist coverage may apply when the driver was in Phase 3 or 4.
Can I sue Uber or Lyft directly? In most cases, the claim goes through the rideshare company’s insurance rather than against the company itself, though the specifics depend on the facts. We evaluate every possible source of recovery.
Do I have to pay anything upfront? No. We handle personal injury cases on a contingency fee basis—you pay nothing unless we recover compensation for you.
Speak With a Bloomington Rideshare Accident Attorney
You do not have to face Uber, Lyft, or their insurance companies alone. The personal injury lawyers at Koth Gregory & Nieminski are ready to investigate your case, identify every applicable insurance policy, and pursue the full compensation you deserve.
Call (309) 491-4595 today for a free consultation with a Bloomington rideshare accident lawyer.
