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Our experienced Columbia Uber accident lawyers at Shealey Law Firm explain who is liable for an Uber or Lyft crash.
How Rideshare Accidents Differ from Regular Car Accidents
Rideshare accidents are different from regular car accidents in South Carolina in these ways:
Insurance maximums. Uber and Lyft both offer up to $1 million in insurance. This is much more than South Carolina’s minimum car insurance requirements: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. That means if you’re in a rideshare accident, there should be plenty of insurance coverage.
Insurance policies. Multiple levels of insurance coverage may apply depending on whether a ride is in progress.
Fault. If you’re riding in an Uber or Lyft when the accident happens, it’s highly unlikely you’re at fault. Comparative negligence may apply if an accident occurs while you’re embarking or disembarking.
Accident reporting. You report the accident to Uber or Lyft, not an insurance carrier. You may also need to report the accident to other insurance companies, including your own.
Claims process. Some Uber and Lyft accident claims go to arbitration. Mandatory arbitration clauses don’t apply if you’re a bystander or in another vehicle.
Evidence. Digital evidence and rideshare records may be important. The driver’s status and digital records of their driving behavior may help clarify the facts.
South Carolina’s Rideshare Insurance Requirements
South Carolina rideshare insurance requirements depend on whether a ride is in progress:
Not logged into the app
When the Uber or Lyft driver is not logged into the app to look for a ride, their own insurance applies. Drivers must have at least 25/50/25 coverage, but they may carry more.
Logged into the app
When a driver is logged into the app and ready to accept a ride, higher minimums apply. If someone is hurt in an accident during this time frame, coverage includes up to $50,000 in bodily injury per person, $100,000 total bodily injury per accident, and $25,000 total property damage.
This coverage limits damages to others, not the driver’s own losses. It’s also contingent, meaning it applies only if the driver’s personal insurance doesn’t apply. Most personal insurance policies, of course, prohibit commercial activity. This can create coverage disputes.
During a ride
The Uber or Lyft accident $1 million liability limit applies from when the driver accepts a ride until the ride ends. This is helpful because it covers getting in and out of the vehicle. Still, coverage disputes can arise because the at-fault driver’s insurance applies first.
Who Pays If You’re Injured as a Passenger
If you’re injured as an Uber or Lyft passenger, start with the at-fault party. That might be the rideshare driver, and it might be another driver. It may be someone other than a driver. If they don’t have enough insurance to cover damages, then you may look at the Uber or Lyft rideshare passenger guarantee.
Could your own UM/UIM coverage apply?
Your own uninsured/underinsured coverage may apply if other sources aren’t enough, for example, if you’re hit by a driver logged into the app and waiting for a ride.
What If the Rideshare Driver Was At Fault
If the rideshare driver is at fault, start with the rideshare company’s insurance. Report the accident through the rideshare app.
The $1 million insurance guarantee sounds simple. Unfortunately, rideshare companies notoriously undervalue claims. You may have a lawyer represent you with the rideshare company and in court.
What If Another Driver Hit the Rideshare Vehicle
If another driver hits the rideshare vehicle, you’ll start with the other driver’s insurance. You’ll report the accident and your damages. If their insurance coverage is insufficient, you may claim additional coverage through the rideshare company. South Carolina law applies to what damages you can claim.
Comparative negligence
Comparative negligence can apply to rideshare accidents. Joint and several liability may apply, or a party may be responsible for only their own share of damages. A lawyer can explain how it works and help you pursue your compensation efficiently.
Steps To Take After a Rideshare Accident
If you’re in a rideshare accident, prioritize your immediate safety. Be aware of the scene around you. Remember that stress and emotions can run high, so approach others with care.
If you’re a passenger, you’re not legally required to report the accident to the police. However, it still needs to be reported. If you’re not sure that police are on the way, report the accident yourself. Prioritize medical care.
Get information for everyone involved. That means license, insurance, and contact information. Take photos of both license plates and the vehicles. Take photos and panning videos of the accident scene. Get names and phone numbers of everyone involved and witnesses.
Contact a lawyer. Uber and Lyft have teams of attorneys. A lawyer can help you work quickly. They can pursue your compensation.
How an Attorney Helps
At Shealey Law Firm, we know how rideshare claims can be complex. And $1 million insurance promises are only helpful if victims know how to access them. Our lawyers know what steps to take.
If you’ve been hurt in an Uber or Lyft accident, contact us now.