Given the popularity of transportation network providers (TNPs) that are otherwise known as ridesharing services, personal injury claims and lawsuits against them and their drivers by bicycle riders who are accident victims have started making their way into the insurance industry and courts. Adding to the TNP confusion is the fact that every Uber driver must acknowledge that he or she isn’t an Uber employee, but rather, an independent contractor. If they don’t acknowledge that relationship, they can’t drive Uber customers.
TNP Accidents are Legally Different
Both Illinois and Uber require drivers to maintain minimum mandatory liability insurance in the following amounts;
- $25,000 in bodily coverage per person and $50,000 of such coverage per accident.
- $20,000 of property damage coverage per accident.
- $25,000 of uninsured motorist bodily injury coverage per person.
- $50,000 of uninsured motorist bodily injury coverage per accident.
On top of that, Uber provides its drivers with an additional $1 million of liability and uninsured motorist insurance coverage for verified customers. That’s why you want to be sure that your trip is properly logged into Uber’s system when you get into a vehicle that provides services to Uber customers.
Driving for a Commercial Purpose
Nearly all auto liability insurance companies that do business in Illinois exclude coverage for drivers who were using their personal vehicle for a commercial purpose. Of course, what comes to issue in the event of an accident is that if an Uber driver is carrying one or more passengers, their vehicle is being used for a commercial purpose. Should a driver’s personal insurer raise that exclusion, a passenger who was injured as a result of the carelessness and negligence of an Uber driver might not be covered for their injuries and damages. That’s when an accident leads to multiple complications.
Distracted Driving Issues
Most Uber drivers hold down other jobs and drive as a side gig. Many of them are tired already by the time that they get on the road for their second job. They want to earn as much money as possible in as short of a time as possible and go home. Unfortunately, earning that money requires contacting passengers, obtaining route information, lining up other passengers and lining up other route information. All of this is done through a smart phone. During a busy day or night, an Uber driver is almost always driving while fatigued and distracted. That’s a dangerous combination, especially for you as a vulnerable and exposed bicyclist who has every right to use the roadway too.
What Bicyclists Should Do After an Uber Accident
After an accident, if it’s physically possible for you to do so, call 911 and ask that police and paramedics be sent to the scene. Don’t trust the Uber driver with this important task. Police can investigate the crash and write up a report. Paramedics can stabilize you and get you to a nearby emergency room. They’ll write up their own report about your condition as will the emergency room personnel who will examine and treat you. Notify Uber of the accident too. Politely refuse to give either the driver’s insurer or Uber’s insurer any kind of a statement. Illinois law doesn’t require you to do that, and one or both of the insurers will try to raise questions about your credibility in order to shove off some or all of the responsibility for the accident over onto you and devalue your claim. Then, contact our offices to arrange for a free consultation and case review with an experienced and aggressive Chicago Uber bicycle accident lawyer.