Do You Need a South Carolina Uber and Lyft Accident Lawyer?

There’s a relatively new type of driver out on South Carolina streets to deal with – the rideshare driver. They provide an alternative to driving oneself, and many people are taking advantage of this option. We are now sharing our roads and highways with plenty of Uber, Lyft, and other rideshare app drivers, many who are new to driving as a profession.

And with this new type of driver comes a new type of accident. Whether you are a driver who gets hit by a rideshare driver or a passenger in an Uber or Lyft that gets into an accident, seeking compensation for medical treatment and lost pay requires an understanding of South Carolina rideshare laws and insurance.

But don’t worry, we can help you. Read on, or contact us for a free case evaluation today.

Rideshare Regulations in South Carolina

Rideshare companies, such as Uber and Lyft, are classified as “transportation network companies” (TNCs) in South Carolina. The drivers, or the companies they are driving for, must maintain specific levels of insurance, and South Carolina law requires that rideshare drivers display a vehicle decal and license plate number at the front of their vehicle. The decal and number do not have to be permanently placed, but should be clearly visible during the time of service. In addition to these requirements, state law also includes mandatory vehicle inspections and background checks.

Common Causes of Rideshare Accidents

Even with these regulations, rideshare accidents happen. Sometimes these are the fault of the Uber or Lyft driver, and sometimes the rideshare driver is a victim of another driver’s carelessness. Here are several common causes of rideshare driver accidents in South Carolina:

• Driver distraction – the Uber or Lyft driver is texting, entering an address in the app, receiving new ride requests, looking for passengers at pick-up
• Driver fatigue – many rideshare drivers have started driving as a side job, which means they may be driving after logging significant hours and effort elsewhere
• Driver inexperience – sometimes drivers pick up or drop off in undesignated spots which puts everyone at risk
• Driver recklessness – some drivers drive recklessly or don’t properly maintain their vehicles

If you were injured an accident with an Uber or Lyft whose driver was demonstrating any of these behaviors, we can help you seek compensation for the harms you suffered and help you try to hold the driver, or the parent rideshare company, accountable.

Whose Insurance Covers Uber and Lyft Accidents?

Collisions caused by rideshare drivers are different than other types of car accidents because there are several insurance policies that could come into play. Determining which insurance policy may have been in effect at the time of the accident is a critical step. If the rideshare driver was at fault, three different policies could possibly cover your damages in South Carolina:*

• The rideshare driver’s personal automobile liability policy
• The rideshare company’s contingent coverage policy
• The rideshare company’s primary liability policy

*Your own underinsured motorist (UIM) and MedPay/PIP coverage (if you have them) could also provide coverage.

Below is a brief review of the insurance coverage requirements dictated by state law. An experienced rideshare accident attorney can help you understand which insurance coverage may apply in your specific case.

Uber and Lyft Insurance Requirement Laws in South Carolina

Rideshare companies and their drivers must follow specific South Carolina insurance requirement laws.

• If a driver is not on the app, the following coverage minimums are required and are the responsibility of the driver (i.e. the rideshare driver’s personal automobile liability policy):
  • $25,000 in bodily injury per person
  • $50,000 in bodily injury per accident
  • $25,000 in property damage per accident
  • Uninsured motorist coverage ($25,000 in bodily injury per person, $50,000 in bodily injury per accident, and $25,000 in property damage per accident)
• If a driver is available and the rideshare app is on, but the driver hasn’t accepted or picked up a passenger yet, the minimum coverage requirements are:
  • $50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $50,000 in property damage per accident
  • Uninsured motorist coverage ($25,000 in bodily injury per person, $50,000 in bodily injury per accident, and $25,000 in property damage per accident)

Both Uber and Lyft have commercial contingency coverage policies that provide $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident. These policies can apply when the Uber or Lyft driver owns their own personal comprehensive and collision insurance policy and their personal insurance company denies coverage.

• If a driver has accepted a request, is en route to pick up a passenger, or is driving a passenger, the following coverage is required and is provided by the rideshare company (i.e. the rideshare company’s primary liability policy):
  • $1,000,000 third-party auto liability (coverage for bodily injury, property damage, and death)
  • Uninsured motorist coverage ($25,000 in bodily injury per person, $50,000 in bodily injury per accident, and $25,000 in property damage per accident)

What to Do if an Uber or Lyft Driver Hits Your Car

If you are driving a car and an Uber or Lyft driver hits you, what do you do? Just like after any other car accident, you should call the police, seek medical attention, and record the details of the accident. (Here’s a thorough list of what to do after an accident.) The major to-dos that differ for an accident with a rideshare driver are:

• Try to determine whether the driver was on duty at the time of the accident. Pay attention to the following: Was there a passenger in the car? Was the rideshare sign on? Did the driver indicate that he or she was en route to pick up a passenger?
• Report the accident to the rideshare company immediately.

What to Do if You Are Injured in an Accident While Riding in an Uber or Lyft

If you have been in an accident as a passenger with a rideshare driver, call the police immediately in order to have a police report written up. This can be one of the best ways to determine fault and to support your ensuing claim.

Also, take careful note of the situation and your driver’s behavior and actions preceding the accident. Were they fiddling with the app and not paying attention? Were they speeding?

It is also very important that you seek medical attention and report the accident to the rideshare company as soon as possible. It’s a good idea to talk to a South Carolina Uber and Lyft accident lawyer before reporting the accident to ensure that you don’t accidentally say or write something that could be misconstrued later.

In South Carolina, the negligent driver is responsible for damages. To determine fault in a car accident case, the insurance adjuster will look at available evidence, such as witness testimony, police reports, accident scene photos, and medical records. If the other driver was at fault, you can file a claim against his or her insurance. If your rideshare driver was at fault for the accident, you can file a claim with the rideshare company.

How Much Can You Get in an Uber or Lyft Settlement?

If you have been injured in a rideshare accident in South Carolina, you can seek compensation for the following types of damages:

• Medical bills, therapy, and prescriptions
• Vehicle repair or replacement damages
• Lost wages
• Pain and suffering

How much you may receive can depend on many factors, including whether or not you have someone on your side who knows how to pursue all potential sources of compensation and explore all types of relevant insurance coverage. At the Law Offices of James Scott Farrin, we work hard to identify our clients’ damages – existing ones as well as ones that may present in the future. Our rideshare accident attorneys can listen to your story and fight for the most possible compensation.

How Can the Law Offices of James Scott Farrin Help You?

At our firm, we have helped over 65,000 injured people since 1997 – and we have the resources and experience to help you, too. Our South Carolina team consists of seasoned attorneys, hardworking paralegals, and determined investigators who are dedicated to helping clients. We understand insurance company motivations and tactics, and we use this knowledge to seek as much compensation as possible for our clients, as quickly as possible.

If you have been in a rideshare accident in South Carolina, tell them you mean business and contact us online today or call 1-866-900-7078 for a fast, friendly, and free case evaluation.

Additional FAQs about Uber and Lyft Accidents

Can I Sue Uber or Lyft if My Driver Was at Fault?

If you believe your damages exceed the required insurance policy limits detailed above, you can file a personal injury lawsuit against Uber or Lyft or the at-fault driver. However, suing Uber or Lyft directly is complicated because they classify their drivers as independent contractors, not employees, and companies are generally less likely to be held legally responsible for the negligence of independent contractors than for employees. Call us at 1-866-900-7078 for a free case evaluation.

Can I Sue the At-Fault Rideshare Driver?

If your claim is denied or the compensation offer is unsatisfactory, you can pursue a personal injury lawsuit against the driver. However, South Carolina follows the “modified comparative negligence” doctrine which means that if a judge or jury determines that your actions were more than 50% at fault for the accident, you are generally barred from recovering anything.

How Can I Report an Accident to Uber or Lyft?

To report an accident with Uber, visit their website.

To report an accident with Lyft, visit their website.

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