How long do I have to file a lawsuit after a rideshare accident? You have two years from the accident date to file a lawsuit. If you are involved in an accident caused by an Uber or Lyft driver while traveling, you can seek damages through legal action. Similarly, if you are driving, walking, or engaging in any other activity in Illinois and a rideshare driver collides with you, you can file a lawsuit to claim compensation for damages. After a rideshare accident, contact Lloyd Miller Law Group at (773) 838-8100 for assistance with claiming compensation.
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What Is the Statute of Limitations in Illinois?
The statute of limitations in Illinois for rideshare accidents is two years from the accident date. The statute of limitations is a law that sets the maximum amount of time within which legal proceedings must be initiated. The time limit varies based on the jurisdiction and type of claim. If you wait until the time limit passes, you lose the right to file your claim and no longer have legal recourse.
In Illinois, the statute of limitations for personal injury claims, including car accident claims, is two years from the accident date. Rideshare accidents fall under the category of car accident claims, so you have two years from the date of the rideshare accident to file your personal injury claim.
Exceptions to the Statute of Limitations
There are various exceptions to the Illinois statute of limitations. These include:
- Minors: If the victim is under 18, the time limit for filing a personal injury case is paused until the person reaches 18. For example, a victim injured at 14 would have until his or her 20th birthday to file the case.
- Discovery Rule: In rare cases where the injury was not immediately discovered, the time limit for filing may begin from the date the injury was discovered or reasonably should have been discovered.
- Incapacitation: If the victim is mentally incapacitated and cannot manage their affairs, the time limit for filing may be paused until the victim regains mental capacity.
- Defendant Leaving the State: If the defendant crosses state lines, the Illinois statute of limitations is automatically paused. For example, if a defendant departs and returns to Illinois 20 years later, the remaining time limit would still apply from the time the defendant returns.
Steps to Take After a Rideshare Accident
Ridesharing accidents can have serious consequences. This service is linked to a 3% increase in the likelihood of fatal accidents. If you find yourself involved in a rideshare accident, you should follow proactive steps:
Call the Police
The first thing you should do after a rideshare accident is contact the police, regardless of whether there are injuries. A police report is crucial for insurance claims and legal proceedings. Having a police officer at the scene can also help protect your rights as a passenger and establish that you were not at fault for the accident. If the police aren’t called, the driver might attempt to shift blame onto you.
Seek Medical Attention
You should seek medical attention immediately after a rideshare accident, even if you don’t think you’re injured. There are many types of car accident injuries. A hospital checkup can help ensure you haven’t sustained hidden injuries. Your health should always come first.
Seeking medical attention after the accident can also protect you legally. Seeking medical attention can provide evidence linking your injuries to the accident. Negligence in rideshare incidents affects the value of a claim. Failing to seek medical attention could allow the other party to claim that your injuries were caused by something else, or that your failure to seek medical attention worsened your injuries, which could impact the value of your claim.
Take Photos
You need to know how to prove you are not at fault in a car accident. Documenting the accident is crucial, as insurance companies and lawyers often use this evidence. Capture images of the accident scene and the vehicles involved. Also, take a photograph of the road to record the road conditions and the time of day. Ensure that you can verify the time and location of your photos. The more documentation you have of the accident and its surroundings, the stronger your case will be.
Gather Information
Aside from capturing photos of the accident scene, you should gather information from the rideshare driver and the other drivers involved. The information includes:
- The rideshare driver’s name and contact details.
- Insurance information of the rideshare driver and the ride-share company.
- Contact details of all other drivers involved in the accident.
- Insurance information for the other drivers involved.
- Details of all vehicles involved, including license plate numbers, make, and model.
- Contact information of any witnesses.
The more information you have after an accident, the better prepared you are when dealing with insurance companies and legal professionals.
Report the Accident to the Police
If you spoke to the police officer at the accident scene, you’ve fulfilled your obligation. If not, you may need to report the accident. The following accidents must be reported within 10 days: those resulting in injury, death, over $1,500 in damage to private property, or $500 in damage to personal property if a driver is uninsured.
It’s best to report any accident to the police, as the report can be useful for your claim. The report form is provided at the scene or can be obtained from a police station or sheriff’s office, and should be submitted within 10 days of the accident.
Report the Accident to the Rideshare Company and Insurance
If you’re injured in a car accident while using a ride-share service, immediately report the incident to the company and your insurance. The driver’s personal insurance likely won’t cover the accident, so it’s best to contact Lyft or Uber, as they have liability insurance. Make sure to have a police report and photos ready to make a claim. Prompt reporting can help in getting reimbursed for medical bills and other damages.
Obtain a lawyer
Legal representation after a car crash while using a ride-share service in Illinois can help ensure that your well-being is properly represented during the accident investigation, insurance claims, and subsequent proceedings.
Handling a car accident claim on your own may result in receiving less compensation than you are entitled to. Accurately determining the compensation owed can be challenging without understanding what losses can be recovered and your case’s total value of damages. Also, dealing with the insurance company to establish liability and negotiate a fair settlement can be challenging. A rideshare accident injury attorney knows the anatomy of a rideshare accident claim and can negotiate an Illinois rideshare accident settlement, so you don’t have to go to court to seek compensation.
By hiring a rideshare accident lawyer, you increase the likelihood of achieving a favorable outcome.
Are There Risks in Delaying Filing a Lawsuit?
You should act promptly when filing a personal injury claim for several reasons. Delaying the process can lead to serious consequences. Here are some risks linked to postponing a personal injury claim:
Deterioration of Evidence
Delaying a personal injury claim can lead to the loss or alteration of crucial evidence over time. Physical evidence like skid marks, vehicle damage, and hazardous conditions at the accident scene can vanish or change. Furthermore, surveillance footage from nearby cameras might be erased or recorded over. Taking prompt action is essential for preserving important evidence, which is necessary for constructing a strong case.
Fading Memories
Delaying a personal injury claim risks memories fading over time. As time passes, the accident details may become less clear, making it more difficult to provide accurate and compelling testimony. It may also become harder to locate witnesses, and their recollection of events may weaken, affecting the reliability of their statements. Taking prompt action can help ensure that memories are fresh, and witness testimony remains strong.
Proving Severity of Injuries
Postponing a personal injury claim can complicate proving the seriousness of your injuries. Medical records and documentation are essential for showing the full extent of your injuries and how they have impacted your life.
If you put off seeking medical care or taking action on your claim, it can become more challenging to establish a direct connection between the accident and your injuries. The other party involved or insurance companies might dispute the severity of your injuries or argue that they are not related to the accident.
Emotional and Financial Impact
Delaying a personal injury claim can have significant emotional and financial consequences. It can lead to ongoing medical bills, lost wages, and other expenses, causing financial strain. By delaying the claim, you’re also putting off the chance to receive compensation that could help ease these burdens. Furthermore, the prolonged stress and uncertainty resulting from an unresolved claim can affect your mental and emotional well-being.
Contact us at Lloyd Miller Law Group for legal support following a rideshare accident.
