Who Is Liable for the Damages in an Illinois Ridesharing Accident?

 Posted on March 23, 2022 in Car Accidents

In the majority of vehicle accidents that take place, there is typically one driver who is found to be at fault for the crash. That driver is the one that, under the law, is responsible for the losses the accident causes, such as injuries or damage to property. If the driver who is at fault is a private citizen, then usually the victim files a claim with the at-fault driver’s car insurance company. If the at-fault driver was working for a business at the time of the crash, then the victim would typically file a claim against the company’s insurance company. When the crash involves a ridesharing vehicle, determining the at-fault party becomes much more complicated.

How Is Liability Determined?

In ridesharing crashes, the driver’s status at the time of the crash is what will determine how the accident claim will be filed. According to company policies:

If the ridesharing driver was at fault in the accident, did not have the driver app on, and had no passengers in the vehicle, then any accident claim needs to be filed against the at-fault driver’s own insurance company.

If the ridesharing driver was at fault in the accident, was logged into the driver app, and was available, but had no passengers in the vehicle at the time of the crash, then the accident claim needs to be filed with the at-fault driver’s insurance company and the ridesharing company’s liability insurance policy.

If the ridesharing driver was at fault in the accident, was logged into the driver app, and had passengers in the vehicle at the time of the crash, then the accident claim needs to be filed with the ridesharing company’s liability insurance policy.

Why You Should Consult with a Lawyer

Although it may appear that these three scenarios are pretty straightforward, these accident claims can quickly become complex as one insurance company tries to pass liability onto the other insurance company, despite the details of the crash. The goal of an insurance company is to make money, and when they have to pay damages to an accident victim, it cuts into their profits.

There could also be issues with the at-fault driver, who may be concerned how an accident claim may affect his insurance rates or his standing with the ridesharing company.

Having an attorney with experience in ridesharing accidents can make all the difference in how successful you are at obtaining the financial compensation you are entitled to for the losses your injuries have caused you to sustain. It sends a clear message to the insurance company that you have someone with the legal experience and knowledge to either successfully negotiate a fair settlement or pursue litigation and let a jury decide who is liable.

Contact a Cook County Car Accident Lawyer

If you have been injured in a ridesharing accident, either as a passenger or another commuter, call Gruzmark Law, Ltd. at 847-729-7660 to schedule a free consultation with a seasoned Glenview, IL ridesharing accident attorney and find out what your legal options for compensation are.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+VIII&ActID=1815&ChapterID=49&SeqStart=113900000&SeqEnd=114600000