The Challenges of Seeking Compensation for Rideshare Accidents Involving Hit-and-Run Drivers in Chicago

The Lyft driver accelerated away from the scene, leaving the injured pedestrian sprawled on the pavement of Devon Avenue in Chicago’s Rogers Park neighborhood. No stopping. No calling for help. Just… gone.

This scenario has become increasingly common on Chicago streets. Two recent high-profile cases – one in Chicago and another in Tampa – highlight the growing problem of rideshare drivers involved in hit-and-run accidents. As rideshare services expand, so do these incidents, creating a complex web of liability that leaves victims struggling to find justice and in desperate need of an experienced car accident lawyer.

When a rideshare vehicle is involved in a hit-and-run (whether as the perpetrator or victim) the path to compensation becomes extraordinarily challenging. Multiple insurance companies, corporate policies designed to minimize liability, and the rapid disappearance of evidence all work against injured parties.

The rising problem of rideshare hit-and-run accidents

Chicago has seen an alarming rise in hit-and-run accidents. In 2016, AAA said there were over 2,000 hit-and-run deaths nationwide, 65 of those in Illinois. The AAA Foundation for Traffic Safety reports that these numbers have continued to climb.

The explosion of rideshare services has added a new dimension to this problem. In February 2019, a 59-year-old woman was struck by a Lyft driver in Rogers Park who immediately fled the scene. More recently, a Lyft driver in Tampa was arrested after hitting a 24-year-old e-bike rider and leaving him with traumatic brain injuries.

These cases are just the tip of the iceberg.

Understanding the complicated web of insurance coverage

Insurance coverage for rideshare accidents isn’t straightforward. Not even close.

Personal auto policies typically exclude commercial activities, creating immediate problems for both drivers and victims. Rideshare companies provide additional coverage, but it varies dramatically depending on the driver’s status at the time of the accident:

• Period 1: App on, waiting for ride request – minimal liability coverage only
• Period 2: En route to pick up – higher liability limits
• Period 3: Passenger in vehicle – full coverage up to $1 million

This creates significant coverage gaps. Worse yet, rideshare companies often fight to demonstrate their drivers weren’t “on the clock” during accidents.

Uninsured/underinsured motorist coverage (UM/UIM) becomes critical in hit-and-run scenarios. This coverage protects you when the at-fault driver can’t be found or lacks adequate insurance. (According to the Insurance Information Institute, approximately 16.3% of Illinois drivers were uninsured in 2022.)

A car accident lawyer with experience in hit-and-run rideshare cases knows how to navigate these overlapping policies and identify all potential sources of compensation.

When the rideshare driver is the hit-and-run perpetrator

Consider the Tampa case mentioned earlier. The arrested Lyft driver had multiple previous driving citations. Yet Lyft immediately issued a statement distancing itself:

“Though the driver involved was not using the Lyft platform when this tragic incident occurred, we have permanently removed her from the Lyft community.”

This response illustrates how rideshare companies typically respond – by emphasizing the independent contractor status of drivers and denying responsibility whenever possible.

But Illinois law provides remedies. Rideshare companies must conduct background checks and can be held liable for negligent hiring. They carry commercial insurance policies that may apply regardless of the driver’s app status.

A skilled hit-and-run car accident lawyer can identify when companies have failed their safety obligations. Maybe they didn’t properly screen the driver. Perhaps they ignored reports of dangerous driving. These failures create liability pathways even when companies claim no responsibility.

When the rideshare driver is the victim of a hit-and-run

Rideshare drivers face their own challenges after being hit by drivers who flee. While waiting for ride requests with only the app active, many drivers have minimal coverage. They operate in an employment gray area – not quite employees, not fully independent contractors, in reality.

Workers’ compensation typically won’t apply. Personal insurance may deny claims due to commercial activity exclusions. The rideshare company’s insurance often provided limited help during Period 1.

Claims against the hit-and-run drivers become crucial – if they can be identified. This requires prompt, thorough investigation that most individuals simply can’t conduct on their own.

Gathering critical evidence before it disappears

Time is absolutely critical after a rideshare hit-and-run.

Evidence vanishes quickly. Surveillance footage gets overwritten. Witnesses move or forget details. Physical evidence at the scene disappears. The Chicago Department of Transportation maintains traffic cameras at many intersections, but their footage retention periods are surprisingly short.

Accident victims should immediately do the following:

• Photograph everything at the scene
• Get contact information from all witnesses
• File a police report
• Request copies of all incident documentation
• Preserve rideshare app data showing driver locations

A car accident lawyer can immediately send evidence preservation letters to businesses with surveillance systems and subpoena rideshare company records showing precisely where their drivers were at the time of the accident.

GPS data from rideshare apps can also be decisive in Chicago rideshare accident cases. App data could contradict a rideshare driver’s claim that he wasn’t working during an accident, ultimately leading to a greater recovery for the injured victim.

Legal options for victims of rideshare hit-and-run accidents

Illinois allows victims to pursue multiple legal avenues simultaneously. This matters tremendously in rideshare cases where responsibility often splits between several parties.

The state’s modified comparative negligence rules allow recovery as long as you’re less than 50% responsible. However, your compensation decreases proportionally to your fault percentage. Rideshare companies and their insurers invariably try to shift blame to victims or other parties.

Potential defendants in rideshare hit-and-run cases include the following:

• Hit-and-run driver
• Rideshare company
• Vehicle owner (if different from driver)
• Third parties who contributed to the dangerous condition

According to the Illinois Statute of Limitations, victims generally have two years to file personal injury claims, but certain exceptions and notice requirements can shorten this period drastically. Missing these deadlines permanently eliminates your right to compensation, regardless of how strong your case is.

How an experienced car accident attorney makes the difference

These cases demand specialized knowledge. Illinois transportation regulations, rideshare company policies, and insurance practices intersect in ways that aren’t obvious to many lawyers.

Finding the right lawyer after a car crash can be a game-changer. A good car accident attorney doesn’t just file the paperwork – they dig deep, tracking down witnesses who the police missed and examining everything from road conditions to vehicle maintenance records. They’ll look beyond the obvious to find everyone who might be responsible. Sometimes, it’s not just the other driver, but also car manufacturers or even city agencies that didn’t fix dangerous road conditions.

The real difference shows up when dealing with insurance companies. These companies have playbooks full of tactics to pay you less money than you deserve. Your lawyer needs to know these tricks and how to counter them, especially when multiple insurance companies are involved. They can gather your medical records, get expert opinions, and build your case while you focus on healing. If the insurance offer is insultingly low, the lawyer needs to be ready to take it all the way to trial.

And that’s where courtroom experience really matters. Some lawyers talk a big game but rarely see the inside of a courtroom. You want someone who’s comfortable in front of a judge and jury — someone who can take complicated medical jargon and technical details and explain them in a way that makes sense to everyday people.

Don’t let time run out on your rights

Rideshare hit-and-run accidents create devastating injuries with complicated liability questions. Multiple parties share responsibility. Insurance companies fight each claim aggressively. Evidence disappears rapidly.

If you’ve been injured in a rideshare hit-and-run accident in Chicago, don’t face this challenge alone. Our team at Gainsberg Injury and Accident Lawyers understands the complexities of these multi-party cases. We’ve helped countless victims navigate this challenging process and secure the full compensation they deserve.

Please call our Chicago office or complete our contact form to schedule your free, no-obligation consultation with an experienced car accident lawyer today. The clock is already ticking on your right to recovery.