Key Takeaways
- A survivor can have several claims at once. Illinois law allows a civil case against the driver, a negligence case against Uber or Lyft, a state compensation claim of up to $45,000, and a ban on hospital bills for the emergency exam (740 ILCS 82/10; 740 ILCS 45/10.1; 410 ILCS 70/7.5).
- Illinois requires rideshare companies to screen drivers. Before a driver goes live, the company must run a national criminal background check and a National Sex Offenders Registry search, and it must turn away anyone convicted of a sexual offense in the past 7 years (625 ILCS 57/15).
- The “not a common carrier” shield expired. The Illinois rideshare law used to say these companies are not common carriers. That sentence stopped operating on January 1, 2024 (625 ILCS 57/25(e)), and Illinois holds common carriers to the highest degree of care.
- Thousands of cases are already in federal court. On November 2, 2026, 4,548 Uber cases were pending in MDL 3084 and 150 Lyft cases were pending in MDL 3171, both in the Northern District of California.
- The deadlines are not all the same. A case against the company generally must be filed within 2 years, a case against the driver under the Gender Violence Act within 7 years, and the state compensation application within 5 years. Do not wait on the longest one.
Being sexually assaulted by a rideshare driver is a crime, and it can also be the basis of a civil case. Survivors in Illinois often ask the same questions: whether Uber or Lyft can be held responsible, what the lawsuits in the news actually are, how long they have to decide, and who pays for medical care in the meantime. This guide answers those questions from the Illinois statutes, the Illinois Pattern Jury Instructions and the federal court records, all linked in the sources at the end.
If you are in danger right now, call 911. Nothing below requires you to make any decision today, but a few of the steps work best when they are taken early.
Can You Sue Uber or Lyft for Sexual Assault in Illinois?
Yes. A passenger who is sexually assaulted by a rideshare driver can bring a civil lawsuit against the driver and, in many cases, against the rideshare company. The case against the company is usually about the company’s own conduct: how it screened the driver, what it knew about earlier complaints, how it responded to warning signs, and what safety measures it chose to use or not use. A criminal prosecution is a separate process brought by the State. You do not need a criminal conviction to file a civil case, and a civil jury decides whether a claim is “more probably true than not true” (IPI Civil 21.01), a lower standard than the one used in a criminal trial.
A growing number of people are bringing these claims. The federal cases against Uber have been gathered in one courtroom since October 2023, and the count has more than tripled in the past two years.
Who Can Be Held Responsible After a Rideshare Sexual Assault?
Each possible claim has its own legal basis and its own deadline. Most survivors have more than one.
| Who or what | The legal basis | What it can cover | Time limit |
|---|---|---|---|
| The driver | Illinois Gender Violence Act, which covers a physical intrusion of a sexual nature under coercive conditions, whether or not there were criminal charges | Damages, injunctive relief or other appropriate relief | 7 years (740 ILCS 82/20) |
| Uber or Lyft | Negligence, such as careless screening, ignoring earlier complaints or failing to use reasonable safety measures; possibly common carrier liability | Medical and counseling costs, lost income, pain and suffering, emotional distress | Generally 2 years (735 ILCS 5/13-202) |
| Illinois Crime Victims Compensation Program | Crime of violence, which includes criminal sexual assault and criminal sexual abuse | Out-of-pocket losses such as medical bills, counseling and lost wages, up to $45,000 | Apply within 5 years (740 ILCS 45/6.1) |
| The hospital | Sexual Assault Survivors Emergency Treatment Act | No bill to the survivor for the forensic exam, outpatient treatment, follow-up care or medication | Applies automatically (410 ILCS 70/7.5) |
The state compensation program is a payer of last resort. Its awards are reduced by insurance and other benefits the survivor has received, and the applicant must first use the benefits reasonably available from health insurance and similar sources (740 ILCS 45/10.1(e) and (g)). It can still matter a great deal, particularly for counseling and lost wages while a civil case is pending.
What Illinois Requires Uber and Lyft to Do
Rideshare companies in Illinois operate under the Transportation Network Providers Act, 625 ILCS 57. The Act sets out specific duties that bear directly on passenger safety, and a company’s failure to meet them can be evidence in a negligence case.
- Background checks. Before letting someone drive, the company must run a local and national criminal history check that includes a multistate records search and the National Sex Offenders Registry (625 ILCS 57/15(a)).
- Disqualifications. The company may not let anyone drive who has been convicted within the past 7 years of a sexual offense, an act of violence, fraud, theft or driving under the influence, or who is a match in the sex offender registry (625 ILCS 57/15(b)).
- Driver identification. The app must show a picture of the driver and the license plate number before the passenger gets in (625 ILCS 57/30(c)).
- A trip record. After the ride, the company must send an electronic receipt listing the origin, destination, time, distance and fare (625 ILCS 57/30(d)). That receipt places the driver, the vehicle and the route on the record.
- Zero tolerance for drugs and alcohol. The company must have a complaint procedure for an impaired driver and must suspend that driver while it investigates (625 ILCS 57/25(a) to (c)).
These are minimums. Whether a company acted reasonably is judged on everything it knew and could have done, including how it handled earlier reports about the same driver.
Are Uber and Lyft Common Carriers in Illinois?
This question matters because of how much responsibility it carries. Under Illinois law a common carrier owes its passengers “the highest degree of care consistent with the type of vehicle used” in the practical operation of its business, rather than ordinary care. The commentary to the Illinois Pattern Jury Instructions records that Illinois courts have treated taxicabs, buses and limousines as common carriers, and states two rules that fit this situation closely (IPI Civil 100.00, Introduction):
- A carrier is responsible for injury caused by the intentional acts of its employees “regardless of whether the act was within the actual or apparent scope of the employee’s authority” (Chicago & Eastern Railroad Co. v. Flexman, 1882).
- A carrier owes the highest degree of care to protect passengers from assault by others when it knows, or from the facts known to it should anticipate, the danger (McCoy v. Chicago Transit Authority, 1977).
For years, the Illinois rideshare law closed that door. Section 25(e) of the Act said that rideshare companies and their drivers “are not common carriers, contract carriers or motor carriers.” The same subsection now ends with this sentence: “This subsection (e) is inoperative on and after January 1, 2024” (625 ILCS 57/25(e), as amended by P.A. 103-527). The statute no longer answers the question, so it is left to the courts. Expect Uber and Lyft to argue that they are technology platforms and that their drivers are independent contractors, not employees. A lawyer will plead the claims in a way that does not depend on winning that argument, because negligence in screening and safety does not require the driver to be an employee.
What Is the Uber Sexual Assault MDL?
An MDL, or multidistrict litigation, is how the federal courts handle many similar lawsuits filed in different places. Under 28 U.S.C. 1407, the Judicial Panel on Multidistrict Litigation can transfer federal cases that share common questions of fact to one judge “for coordinated or consolidated pretrial proceedings.” Each case is supposed to be sent back to the court it came from at or before the end of those proceedings unless it has already ended.
- Uber: MDL 3084. In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation was centralized on October 4, 2023 and is assigned to Senior District Judge Charles R. Breyer in the Northern District of California. The November 2, 2026 report lists 4,548 actions pending and 5,552 in total.
- Lyft: MDL 3171. In re: Lyft, Inc. Passenger Sexual Assault Litigation was centralized on February 5, 2026 and is assigned to District Judge Rita F. Lin, also in the Northern District of California. The same report lists 150 actions pending.
Two points are often misunderstood. An MDL is not a class action: every survivor has an individual case with individual damages, and joining an MDL does not mean sharing one recovery with thousands of strangers. And the MDL only gathers federal cases. Depending on the facts, an Illinois survivor’s case may belong in federal court, where it would be sent to the MDL, or in an Illinois state court. That choice affects timing and strategy, which is a reason to talk to a lawyer before anything is filed.
How Long Do You Have to File in Illinois?
There is no single deadline. The clock depends on whom the claim is against and what the claim is.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury lawsuit, including against Uber or Lyft | 2 years from the injury | 735 ILCS 5/13-202 |
| Gender Violence Act lawsuit against the person who committed the assault | 7 years; for a minor, 7 years after turning 18 | 740 ILCS 82/20 |
| Crime Victims Compensation application | 5 years from the crime, or 1 year after a criminal charge; late filing allowed for good cause | 740 ILCS 45/6.1(a), (a-1) |
| Survivor who was under 18 at the time | Any time, if the claim was not already time barred before January 1, 2014 | 735 ILCS 5/13-202.2(f) |
Three rules can stretch these periods. The 2-year limit does not run while the survivor is subject to threats, intimidation, manipulation or fraud by the perpetrator or someone acting for them (735 ILCS 5/13-202.3). The 2-year limit also does not apply to damages from a Class X felony when the perpetrator is convicted of it (735 ILCS 5/13-202), and aggravated criminal sexual assault is a Class X felony (720 ILCS 5/11-1.30). And the rules for survivors who were children are much more generous, as our guide to the Illinois sexual abuse statute of limitations explains. None of these exceptions applies automatically, and each has to be proved, so the safe course is to treat 2 years as the deadline for the claim against the company.
What About the Arbitration Clause in the App?
Rideshare apps make riders accept terms of service before they can book a trip, and terms like these often include an agreement to resolve disputes in private arbitration instead of court. For sexual assault claims, federal law lets the survivor choose. Under 9 U.S.C. 402, at the election of the person alleging a sexual assault dispute, no predispute arbitration agreement or joint-action waiver (such as a class action waiver) is valid or enforceable for a case that relates to that dispute, whether it is filed under federal or state law. A court, not an arbitrator, decides whether the law applies. It covers claims that arose or accrued on or after March 3, 2022.
What to Do After a Rideshare Sexual Assault
Take these in whatever order feels manageable. Your safety and health come first.
- Get medical care. A hospital emergency department can treat injuries, provide medication and collect evidence. Illinois law bars the hospital, the ambulance and the providers from billing a survivor for the medical forensic exam, outpatient treatment, follow-up care or medication, including deductibles and co-pays (410 ILCS 70/7.5). Inpatient care can still be billed.
- Report it when you are ready. To qualify for state compensation, a sexual assault survivor generally must notify law enforcement within 7 days, although a later report can still qualify if it was timely under the circumstances. Going to a medical facility for care or evidence collection also counts as notification, and you do not have to name the offender to the medical provider (740 ILCS 45/6.1(b), (b-1), (b-2)). For crimes on or after January 1, 2027, the reporting window becomes 30 days (P.A. 104-563).
- Keep the trip record. Save the electronic receipt, and take screenshots of the trip, the driver’s name, photo and plate, and any messages in the app. Do not delete the app or your account.
- Write down what you remember. The time, the route, what the driver said and did, and anyone you told afterward. Notes made early are often the most accurate.
- Be careful with the company. You can report the driver through the app, but you do not have to give a recorded statement or sign anything the company sends you. Talk to a lawyer before you do.
Talk to an Illinois Rideshare Sexual Assault Lawyer
These cases sit where two of our practice areas meet. Our sexual abuse and assault lawyers handle claims against the people and institutions responsible for abuse, and our Uber and Lyft lawyers know how the rideshare companies, their insurers and their records work. We can tell you which deadlines apply, whether your case belongs in Illinois court or the federal MDL, and what the company’s own records are likely to show. Consultations are confidential.
We represent survivors throughout Illinois, including in Chicago, Aurora, Springfield and Champaign, and rideshare passengers in Naperville, Joliet, Rockford, Elmhurst, Peoria and Oak Brook. If your rideshare case involves a crash rather than an assault, our guide to Uber and Lyft insurance coverage explains the insurance that applies.
Frequently Asked Questions
Can I sue Uber if my driver sexually assaulted me in Illinois?
Yes. A passenger can bring a civil lawsuit against the driver and, in many cases, against Uber itself. The claim against the company usually focuses on its own conduct, such as how it screened the driver and how it handled earlier complaints. A criminal conviction is not required to file a civil case.
What is the Uber sexual assault MDL?
It is MDL 3084, In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, a group of federal cases centralized on October 4, 2023 before Senior District Judge Charles R. Breyer in the Northern District of California. On November 2, 2026 it had 4,548 pending actions. It is not a class action: each survivor keeps an individual case.
Is there a Lyft sexual assault lawsuit too?
Yes. Federal cases against Lyft were centralized on February 5, 2026 as MDL 3171, In re: Lyft, Inc. Passenger Sexual Assault Litigation, before District Judge Rita F. Lin in the Northern District of California. It had 150 pending actions on November 2, 2026.
How long do I have to sue after a rideshare sexual assault in Illinois?
It depends on the claim. A personal injury case, including one against Uber or Lyft, generally must be filed within 2 years (735 ILCS 5/13-202). A Gender Violence Act case against the person who committed the assault has 7 years (740 ILCS 82/20). Survivors who were under 18 have more time. Treat 2 years as the deadline for the claim against the company.
Do I have to report the assault to the police to get compensation?
Not to file a civil lawsuit. For the Illinois Crime Victims Compensation Program, a sexual assault survivor generally must notify law enforcement within 7 days, but going to a medical facility for care or evidence collection also counts as notification (740 ILCS 45/6.1). For crimes on or after January 1, 2027, the reporting window is 30 days.
Will the hospital bill me for a sexual assault exam in Illinois?
No. Illinois law bars hospitals, ambulance providers, health care professionals, laboratories and pharmacies from billing a sexual assault survivor for the medical forensic exam, outpatient treatment, follow-up care or medication, including deductibles and co-pays (410 ILCS 70/7.5). Inpatient care can still be billed.
Does the arbitration clause in the Uber or Lyft app stop me from going to court?
Not for a sexual assault claim, if you choose court. Under 9 U.S.C. 402, at the survivor’s election, a predispute arbitration agreement or joint-action waiver is not valid or enforceable in a case relating to a sexual assault dispute, for claims arising on or after March 3, 2022.
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Sources
- Transportation Network Providers Act, 625 ILCS 57: Sections 15 (driver requirements), 25 (safety, including subsection (e)) and 30 (driver photo, plate and trip receipt).
- Illinois Supreme Court, Illinois Pattern Jury Instructions, Civil: Section 100.00 (Common Carriers), Introduction and IPI 100.01, and IPI 21.01 (burden of proof). The case law named in this article is as cited in that commentary.
- Gender Violence Act, 740 ILCS 82: Sections 5, 10 and 20.
- Crime Victims Compensation Act, 740 ILCS 45: Sections 2 (crime of violence), 6.1 (deadlines and reporting, including the version effective January 1, 2027) and 10.1 (amount of award).
- Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/7.5 (no billing of survivors).
- Code of Civil Procedure, 735 ILCS 5: Sections 13-202, 13-202.2 and 13-202.3.
- Criminal Code of 2012, 720 ILCS 5/11-1.30 (aggravated criminal sexual assault, Class X).
- 28 U.S.C. 1407 (multidistrict litigation) and 9 U.S.C. 402 (arbitration of sexual assault disputes).
- Judicial Panel on Multidistrict Litigation, Pending MDL Dockets and the monthly report archive: Distribution of Pending MDL Dockets by Actions Pending and Docket Summary Listing, November 2024 to November 2, 2026.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its facts, and deadlines can be shorter than they look, so please speak with a lawyer about your own situation as soon as possible.
