
Ride-sharing services like Uber and Lyft have transformed transportation in South Carolina. Whether you’re commuting to work or heading out for the night, these platforms offer convenience at your fingertips. But with the rise in usage comes an increase in ride-sharing-related accidents.
These cases involve more than just a typical car crash; they often include complex issues of liability and insurance. If you’ve been injured in a ride-sharing accident, understanding your legal options is essential.
Common Causes of Ride‑Sharing Accidents
Ride-sharing accidents can result from various factors, many of which mirror standard car crashes, yet with added complications due to commercial use and app-based distractions.
Some common causes include:
- Distracted Driving
Ride-share drivers frequently use their phones for navigation, rider updates, and communication with the app, increasing distraction levels.
- Fatigue
Many drivers work long hours or drive for multiple platforms, which can lead to exhaustion and slower reaction times.
- Improper Pick-Ups and Drop-Offs
Stopping in unsafe or unauthorized locations can cause accidents, particularly in busy urban areas.
- Speeding or Reckless Driving
To meet ride quotas or time bonuses, drivers may exceed speed limits or engage in aggressive driving.
Negligent Third Parties
Sometimes, the ride-share driver isn’t at fault; a reckless driver, poor road conditions, or mechanical issues may be to blame.
Who Can Be Held Liable in a Ride‑Sharing Accident?
Determining liability in a ride-sharing accident isn’t always straightforward. Depending on the circumstances, several parties may be held responsible:
- The Ride-Share Driver
If the driver’s negligence caused the crash, such as texting while driving or failing to yield, they may be personally liable.
- Another Driver
If a third-party driver is at fault, your claim would typically be against their insurance policy.
- Both Drivers
In some cases, both the ride-share driver and another motorist may share fault.
- Vehicle Manufacturer
Mechanical failure due to defective parts or poor maintenance may expose the manufacturer or maintenance provider to product liability claims.
South Carolina follows a modified comparative negligence rule, which means you can still recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by the percentage of fault attributed to you
Understanding Ride‑Sharing Insurance Coverage.
Insurance coverage in ride-sharing accidents varies based on the driver’s status at the time of the crash. If the driver is not logged into the app, only their auto insurance applies.
When the app is on but no ride has been accepted, Uber and Lyft provide contingent liability coverage, typically offering up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.
However, once a ride is accepted or a passenger is in the vehicle, the coverage increases significantly; both companies provide up to $1 million in commercial liability coverage, along with uninsured and underinsured motorist protection.
Determining which insurance policy applies can be complex, especially when multiple parties are involved. For this reason, seeking legal guidance is often essential to navigate the claims process and secure full compensation.
Steps to Take After a Ride‑Sharing Accident
Your actions in the immediate aftermath of a ride-share crash can significantly impact your claim. Follow these key steps:
- Call 911 and report the accident to law enforcement.
- Seek medical attention, even if injuries seem minor.
- Document the scene with photographs of all vehicles, damage, license plates, and road conditions.
- Gather information from all drivers, including names, insurance details, and contact info.
- Talk to witnesses and collect their statements and contact info.
- Report the accident to Uber or Lyft through the app.
- Speak with a personal injury attorney before discussing the accident with insurers.
How to File a Ride‑Sharing Accident Claim in South Carolina
Filing a ride-sharing accident claim can feel overwhelming, but breaking it down helps:
- Insurance Claim
Depending on fault and driver status, you may need to file claims with multiple insurers, Uber/Lyft’s insurance, the driver’s policy, or a third-party insurer.
- Medical Documentation
Keep all medical records, bills, and evidence of lost wages to support your claim.
- Negotiation with Adjusters
Insurance companies often offer low settlements early on. Be cautious.
- Lawsuit if Needed
If a fair settlement isn’t reached, filing a lawsuit within South Carolina’s 3-year statute of limitations may be necessary.
Why Choose a South Carolina Lawyer for Your Claim?
South Carolina ride-sharing laws and insurance practices can vary from other states. Hiring a local personal injury attorney ensures:
- Familiarity with South Carolina traffic and insurance laws
- Understanding of local court procedures and judges
- Personalized, face-to-face legal counsel
- Advocacy tailored to the unique elements of your case
FAQs About Ride‑Sharing Accident Claims in South Carolina
Q1: What if I were a passenger in the ride-share vehicle during the accident?
A: You may be eligible for compensation through the ride-share company’s $1 million liability insurance.
Q2: Can I still file a claim if another driver caused the accident?
A: Yes. You can file a claim against the at-fault driver’s insurance and, if necessary, use Uber or Lyft’s uninsured/underinsured coverage.
Q3: How long do I have to file a claim in South Carolina?
A: You typically have three years from the accident date to file a personal injury lawsuit.
Q4: Can I sue Uber or Lyft directly?
A: In most cases, no. Since their drivers are considered independent contractors, lawsuits against Uber or Lyft are rare. However, their insurance policies usually provide compensation.
Q5: What if the ride-share driver wasn’t on the app at the time of the crash?
A: Then only the driver’s auto insurance would apply, not the ride-share company’s commercial policy.
Conclusion
Ride-sharing accidents come with complications that go beyond the typical car crash. Whether you’re a passenger, another driver, or a pedestrian, knowing your legal rights and the insurance policies involved is essential to getting the compensation you deserve.
If you’ve been involved in a ride-sharing accident in South Carolina, don’t go through it alone. Contact Max Hyde Law Firm today and call us at (864) 804-6330 to schedule a free consultation today and protect your rights every step of the way.