Rideshare accidents in South Carolina create unique legal challenges. When you’re injured in an Uber or Lyft crash, questions about insurance coverage, liability, and compensation can feel overwhelming. Evans Moore, LLC‘s guide explains how rideshare insurance works in South Carolina, who pays after a South Carolina rideshare accident, and what steps you should take to protect your rights. Understanding these differences helps you handle the claims process and pursue the compensation you deserve.
Why Rideshare Accidents Are Legally Different
Rideshare accidents aren’t like typical car accidents. The drivers who work for Uber and Lyft are independent contractors, not employees. This distinction matters because it affects insurance coverage and liability.
When a standard employee causes an accident while working, their employer’s insurance typically covers the damages. With rideshare drivers, the situation is more complicated.
Insurance coverage for rideshare accidents varies based on whether the app is on, off, or actively transporting a passenger. This creates multiple insurance layers. South Carolina follows an “at-fault” system, meaning the person responsible for the accident pays for damages. However, rideshare companies, drivers, and other motorists may all have insurance involved, creating complexity.
Understanding Uber Insurance Coverage in South Carolina
Uber provides different levels of insurance protection depending on the driver’s app status. Understanding these layers helps you know what coverage applies to your situation.
When the App Is Off
If an Uber driver causes an accident while the app is completely off, Uber provides no insurance coverage. The driver’s personal auto insurance is the only coverage available. This creates a significant gap because many personal policies exclude or limit coverage for commercial activities like rideshare driving.
If the driver is uninsured or underinsured, you may have limited options for recovery.
When the App Is On But No Trip Is Active
When a driver has the Uber app on but hasn’t accepted a ride request, Uber provides contingent liability coverage. This means Uber’s insurance acts as a backup if the driver’s personal insurance doesn’t cover the accident.
Uber’s coverage at this stage includes up to $50,000 in bodily injury liability per person. Property damage liability covers up to $25,000. This contingent coverage only applies if the driver’s personal insurance denies the claim or doesn’t provide adequate coverage.
When an Active Trip Is Underway
Once a passenger accepts a ride and the trip is active, Uber’s coverage increases significantly. During active trips, Uber provides up to $1 million in bodily injury liability coverage per accident. This higher limit applies to both passengers and third parties injured in the crash.
Uber also provides uninsured and underinsured motorist coverage during active trips. This protects you if the other driver lacks adequate insurance.
Lyft Insurance Coverage: How It Differs
Lyft’s insurance structure is similar to Uber’s but with some important differences. Like Uber, Lyft provides different coverage levels based on app status.
- When a Lyft driver has the app off, Lyft provides no coverage. The driver’s personal insurance applies.
- When the app is on but no trip is active, Lyft provides contingent liability coverage of $50,000 in bodily injury and $25,000 in property damage.
- During active trips, Lyft provides up to $1 million in bodily injury liability coverage per accident.
The key difference between Lyft and Uber is how they handle the transition between app statuses. Both companies provide similar coverage amounts, but the timing of when coverage activates can vary slightly. Understanding your specific rideshare company’s policy helps you know what protection applies to your situation.
Who Pays After a Rideshare Crash in South Carolina
Determining who pays after a rideshare accident depends on several factors. These include who caused the crash, whether the app was active, and what insurance policies are involved.
If the rideshare driver caused the accident during an active trip, Uber or Lyft’s insurance typically covers the damages up to the policy limits. If the other driver caused the accident, their insurance should pay.
However, if that driver is uninsured or underinsured, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may apply.
South Carolina’s modified comparative negligence rule affects how compensation is divided. If you’re found partially at fault for the accident, your recovery is reduced by your percentage of fault. For example, if you’re 20% at fault, you can still recover damages. Your compensation is reduced by 20%. You can only recover if you’re less than 51% at fault. (S.C. Code § 15-38-15)
The insurance hierarchy matters too. If multiple insurance policies could apply, they pay in a specific order. The at-fault driver’s insurance pays first. Then the rideshare company’s insurance pays. Finally, your own UM/UIM coverage applies. An experienced attorney helps identify all available sources of compensation.
Common Injuries From Rideshare Accidents
Rideshare accidents cause a variety of injuries. Some are immediately obvious, while others develop over time.
- Whiplash and neck injuries are common because passengers sit in confined spaces. They experience sudden impact forces.
- Back and spinal injuries occur when the force of the crash compresses or strains the spine.
- Head injuries and traumatic brain injuries can result from impact with windows, seats, or other objects inside the vehicle. Broken bones and fractures happen when passengers brace themselves against the impact. They may be thrown against hard surfaces.
- Internal injuries, including organ damage and internal bleeding, may not be immediately apparent. However, they can be life-threatening.
- Many accident victims also experience psychological trauma, anxiety, and post-traumatic stress disorder following serious crashes.
Rideshare accidents often cause specific injury patterns. Passengers are confined in a small space with limited ability to brace for impact. The sudden deceleration or collision forces the body in unexpected directions, increasing injury severity.
Steps to Take After a Rideshare Accident
Taking the right steps immediately after a rideshare accident protects your health. It preserves evidence and strengthens your claim.
Immediate Actions at the Scene
Seek medical attention first, even if you feel fine. Some injuries, like internal bleeding or traumatic brain injury, don’t show symptoms immediately. Call 911 if anyone is seriously injured.
Request police response and get the accident report number. This document is crucial for your claim.
Document the scene with photos and video. Capture the vehicle damage, accident location, road conditions, and traffic signals. Collect contact information from witnesses who saw the crash.
Exchange information with the other driver. Get their name, phone number, address, insurance company, and policy number. Note the rideshare driver’s details, vehicle information, and license plate number.
After Leaving the Scene
Report the accident to Uber or Lyft through the app immediately. The rideshare company documents the incident and may contact you.
Preserve all trip documentation, including the receipt showing the trip details and driver information. Keep all medical records, bills, and receipts related to your injuries and treatment.
Avoid discussing the accident on social media or with anyone except your attorney and medical providers. Insurance adjusters monitor social media and may use your posts against your claim.
Contact a personal injury attorney as soon as possible. An attorney protects your rights, handles insurance negotiations, and helps maximize your recovery.
Why Choose Evans Moore, LLC for Your Rideshare Accident Claim
When you’ve been injured in a rideshare accident, you need an attorney who understands these cases. Evans Moore, LLC has extensive experience handling rideshare accident claims throughout South Carolina.
Our attorneys have recovered over $100 million in verdicts and settlements for injured clients. We’ve earned recognition as Super Lawyers and received a designation in The Best Lawyers in America. Our track record includes jury verdicts that rank among the highest in South Carolina, demonstrating our ability to achieve results in the courtroom when necessary.
Evans Moore, LLC operates on a contingency fee basis. You pay nothing up front. Our fees come from a percentage of your recovery. This ensures that cost never prevents you from accessing quality legal representation.
We handle each case as a team. You receive experienced, dedicated advocates at every step of the process. We understand that rideshare accidents create financial stress through medical bills, lost income, and pain and suffering.
Our goal is to secure the compensation you deserve. This allows you to focus on recovery. Contact Evans Moore, LLC today for a free consultation to discuss your case.
Frequently Asked Questions About Rideshare Accidents
What should I do immediately after a rideshare accident?
Seek medical attention first, even if you feel fine. Call the police and request an accident report. Document the scene with photos and video. Collect witness information and exchange details with the other driver. Report the accident to the rideshare company through the app.
Does Uber’s insurance cover me if I’m a passenger?
Yes, if the accident occurs during an active trip, Uber’s insurance covers passengers up to $1 million in bodily injury liability. Coverage is more limited if the app was off or the driver was logged in but had no active trip.
Can I recover compensation if I was partially at fault?
Yes. South Carolina uses modified comparative negligence. You can recover damages as long as you’re less than 51% at fault. Your compensation is reduced by your percentage of fault.
How long do I have to file a rideshare accident claim in South Carolina?
South Carolina’s statute of limitations is three years from the accident date. However, filing sooner protects your claim and helps preserve evidence.
What if the rideshare driver has no insurance?
You may recover through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. An attorney can help identify all potential sources of compensation.
How much is my rideshare accident case worth?
The value depends on your injuries, medical costs, lost income, long-term effects, pain and suffering, and liability. An experienced attorney evaluates all factors to determine fair compensation.
Will my case go to court or settle?
Most personal injury cases in South Carolina settle before trial. However, if a fair settlement cannot be reached, your attorney may recommend proceeding to court.
Do I need to hire an attorney for a rideshare accident claim?
While not required, an attorney protects your rights. They handle insurance negotiations and help maximize your recovery. Many accident victims are lowballed by insurers without legal representation.
Get Help With Your Rideshare Accident Claim
Rideshare accidents create complex legal situations. Insurance coverage varies based on app status. Multiple parties may be liable. South Carolina’s comparative negligence rules affect your recovery.
You don’t have to handle this process alone. Evans Moore, LLC has the experience and resources to handle your rideshare accident claim. Our lawyers work on a contingency fee basis, so you pay nothing unless we win your case.
Contact Evans Moore, LLC at (843) 995-5000 today for a free consultation with an experienced South Carolina personal injury attorney. Let us help you pursue the compensation you deserve.
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