Rideshare Passengers Are Often the Most Vulnerable
When you get into an Uber or Lyft, you are trusting someone else with your safety. You have no control over how the driver handles the vehicle, the route they take, or how they react to other drivers on the road. If a crash happens, you are stuck in the back seat with limited ability to brace yourself.
Passengers in rideshare accidents have a significant legal advantage, though. As a passenger, you are almost never at fault for the crash. This puts you in a strong position to recover compensation from whoever caused the accident.
Common Passenger Injuries in Rideshare Crashes
Rear-seat passengers face unique injury risks. Most car safety engineering focuses on the front seats. Rear airbags are less common. Seatbelt technology in the back is often less advanced than in the front. And many rideshare passengers do not wear seatbelts at all.
The most common injuries we see in rideshare passengers include:
Whiplash and Neck Injuries
Rear-end collisions are common in city driving. The sudden jolt can cause neck strain, herniated discs, and soft tissue damage. Symptoms sometimes do not appear for days after the crash.
Head and Brain Injuries
Passengers can strike their head on the window, the seat in front of them, or another passenger. Even without a direct impact, the rapid acceleration and deceleration of a crash can cause a concussion or traumatic brain injury. These injuries can have lasting effects on memory, concentration, and daily functioning.
Back and Spinal Injuries
The force of a collision can compress, fracture, or herniate spinal discs. Back injuries range from muscle strains that heal in weeks to spinal cord damage that causes permanent paralysis.
Broken Bones
Arms, legs, ribs, and facial bones are all vulnerable in a crash. Broken bones from car accidents often require surgery, hardware implantation, and months of physical therapy.
Internal Injuries
Seatbelts save lives, but the force they exert during a crash can cause internal bruising or organ damage. Passengers who were not wearing seatbelts face even greater risk of internal injuries from being thrown around the vehicle.
Psychological Injuries
PTSD, anxiety, and depression after a car accident are real and recognized injuries under Illinois law. Many rideshare passengers develop a fear of riding in cars that affects their daily lives for months or years after the crash.
Who Pays for Passenger Injuries?
As a rideshare passenger injured during an active trip, you have access to the strongest level of insurance coverage. Uber and Lyft both provide $1 million in liability coverage when a ride is in progress. This coverage applies regardless of who caused the accident.
If the Rideshare Driver Was at Fault
The rideshare company’s $1 million commercial policy covers your injuries. You file a claim through the company’s insurer. The driver’s personal insurance is secondary.
If Another Driver Was at Fault
You can file a claim against the other driver’s insurance. If that driver is uninsured or underinsured, the rideshare company’s $1 million UM/UIM coverage kicks in to protect you.
If Both Drivers Share Fault
You can pursue claims against both drivers’ insurance. Illinois comparative fault rules (735 ILCS 5/2-1116) apply to how fault is divided between the drivers. As a passenger, your recovery is not reduced because you were not driving.
Steps to Take After Being Injured as a Rideshare Passenger
What you do in the hours and days after a rideshare accident directly affects the strength of your claim.
At the Scene
- Call 911 and request police and medical assistance
- Stay in the vehicle if it is safe to do so until help arrives
- Get the names and contact information of all drivers involved
- Take photos of the vehicles, the scene, your injuries, and the road conditions
- Screenshot your ride details in the Uber or Lyft app
- Get contact information from any witnesses
After the Scene
- Go to a doctor or emergency room even if you feel fine. Some injuries take days to show symptoms.
- Report the accident through the rideshare app
- Do not post about the accident on social media
- Keep a journal of your symptoms, pain levels, and how injuries affect your daily life
- Save all medical bills, prescription receipts, and records of missed work
Compensation Available to Injured Passengers
Illinois law allows injured rideshare passengers to recover several types of damages:
Economic Damages
- Medical bills (past and future)
- Lost wages from missed work
- Reduced earning capacity if injuries limit your ability to work
- Cost of physical therapy and rehabilitation
- Cost of medical equipment, home modifications, or in-home care
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
Illinois does not cap non-economic damages in personal injury cases. This means there is no artificial limit on what a jury can award for pain and suffering. The value of your claim depends on the severity of your injuries, the quality of your evidence, and how the accident has changed your life.
Challenges Passengers Face in Rideshare Claims
Even though passengers are rarely at fault, these claims are not always simple.
Multiple Insurance Companies
You may need to deal with the rideshare company’s insurer, the at-fault driver’s personal insurer, and possibly your own insurance company. Each will try to minimize what they pay. Coordinating claims across multiple policies requires experience.
Disputes Over Injury Severity
Insurance companies routinely challenge how badly you were hurt. They may argue your injuries were pre-existing or that you did not need the treatment you received. Consistent medical documentation is your best defense against these arguments.
Pressure to Settle Quickly
You may receive a settlement offer soon after the accident. Early offers are almost always too low. The insurance company is hoping you will take quick money before you understand the full extent of your injuries. Many injuries worsen over time or require treatment you did not initially anticipate.
Seatbelt Defense
If you were not wearing a seatbelt, the insurance company may argue your injuries would have been less severe if you had been buckled up. Illinois does not bar recovery for not wearing a seatbelt, but it can be used to reduce your damages in some circumstances.
Children Injured in Rideshare Vehicles
Children face heightened risks in rideshare accidents. Uber and Lyft policies do not require car seats, and most rideshare vehicles do not have them. Illinois law requires children under age 8 to be in an appropriate car seat or booster. Parents who use rideshare services face a difficult choice between following car seat laws and the practicality of not having one available.
If a child is injured in a rideshare accident, the claim is handled differently. A parent or guardian files the claim on behalf of the child. Any settlement involving a minor must be approved by an Illinois court to ensure it is fair. The statute of limitations for a child’s injury claim does not begin running until they turn 18.
Why You Need a Lawyer as an Injured Passenger
As a rideshare passenger, the law is generally on your side. But having the law on your side and actually collecting fair compensation are two different things. Insurance companies have teams of adjusters and attorneys working to pay you as little as possible.
A Chicago personal injury lawyer who handles rideshare cases knows how to build a strong claim, negotiate with multiple insurers, and take your case to trial if the insurance companies refuse to offer fair compensation.
Get Help With Your Rideshare Passenger Injury Claim
If you were injured as a passenger in an Uber or Lyft accident in Chicago, you have strong legal rights. Do not let insurance companies take advantage of you while you are recovering.
Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.