Over the past few years, the number of ridesharing drivers has increased. Uber and Lyft cars are commonly seen on roadways around South Carolina. However, with the increase in rideshare drivers has come an increase in car accidents. Unfortunately, Uber and Lyft collisions are a serious public safety problem in South Carolina. For victims, these claims can be exceptionally complex.
If you are hit by an Uber driver, who would you turn to? You can turn to a trusted rideshare accident lawyer in Moncks Corner, South Carolina. West Law Firm has a long record of dealing with accident cases involving an Uber driver. In this article, you will find a comprehensive overview of what to do if you are hit by an Uber driver in South Carolina.
What Should You Do If You Are Hit By an Uber Driver in South Carolina?
Alert the Authorities
All significant motor vehicle collisions in South Carolina should be reported to law enforcement. The first thing you should do is call 911. Doing so alerts the police that an accident has happened, as well as alerting emergency medical services to respond should you or someone with you be injured. Make sure that you obtain a copy of the report afterwards.
Take Pictures
The more documentation you have of the ridesharing crash, the better. If you have a cell phone or camera, take pictures of the accident area, if possible. Make sure to include pictures of damage to your vehicle, as well as images of the surrounding scene, such as tire marks, debris from the accident, or conditions that may have contributed to the accident.
Get Medical Care
It is important that you or a loved one receive proper medical treatment. Seeing a doctor ensures that injuries are documented as close to the accident as possible. It protects against the risk of an insurance company claiming that the injuries aren’t connected to the crash. Aggravated injuries that were not treated promptly will not only reduce your chances of receiving damages, but may also lengthen your recovery period.
Record the driver and Witness Details
Obtain contact information from the Uber driver. Include their name, license plate number, driver’s license number, and vehicle information. Ask about both their individual insurance information and information regarding Uber’s insurance coverage. If there are witnesses, including any passengers in the Uber, make sure to obtain contact information for them as well.
Report the Accident to Uber
Finally, you can report the accident to Uber itself. The Uber website has a page (inquiries.uber.com) where you can contact them to verify if a driver was working for Uber at the time, and to notify Uber of an accident involving one of their drivers. You should only give a brief description of the accident. Your lawyers will be able to draft a more detailed statement in their demand letter.
Tell your Insurance Company
Notify your insurance company as soon after the accident as you can. They should be able to provide assistance to you throughout the claims and recovery process, but do not speak to them in detail about the circumstances of the accident until the following step. Your insurance policy most likely requires you to notify them of any collision as soon as possible to keep your coverage.
Contact a South Carolina Uber Accident Attorney
Uber accident claims are notoriously complex. You do not have to take on Uber or its commercial insurance companies alone. A top-rated South Carolina rideshare accident attorney will have case-specific advice you may need to protect your claim and deal with both your insurer and Uber’s attempts to reduce what you are owed.
South Carolina is a Fault-Based Motor Vehicle Accident State
South Carolina follows a fault-based (tort) system for motor vehicle accidents. In other words, the driver—Uber driver or otherwise—who is at fault for causing the crash is legally responsible for resulting damages. Injured victims can seek compensation by filing a claim with the at-fault driver’s insurance, pursuing a third-party claim, or filing a personal injury lawsuit.
Notably, our state follows a modified comparative negligence rule. If you are found to be 51 percent or more at fault, you cannot recover damages. However, if you are less than 50 percent at fault, you can still bring a claim even if you bear partial fault for your own Uber crash. With that being said, in this scenario, your recovery will be reduced proportionally to your degree of negligence.
A Comprehensive Guide to Ridesharing Insurance Regulations in South Carolina
One of the most challenging aspects of navigating an Uber accident claim is our state’s insurance regulations. There are unique insurance rules for ridesharing vehicles. In South Carolina, rideshare drivers and passengers are protected under a tiered insurance framework. When a driver is offline, only their personal auto insurance applies. Once the app is active but no ride is accepted, state law mandates minimum coverage of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage. During an active ride—meaning whenever a passenger is actually in an Uber (or a Lyft)—the ridesharing company must prove at least $1 million in coverage under South Carolina law (S.C. Code § 58-23-1610).
Recovering the Maximum Compensation for Ridesharing Accident Victims
In South Carolina, Uber accident victims have the right to seek compensation for the full extent of their damages, including both economic losses and non-economic losses. Do not rely on the ridesharing company or any of their commercial insurers to look out for what is best for you and your family. Our South Carolina ridesharing accident lawyers can help you seek the maximum compensation. Along with other damages, you may be entitled to recover for:
- Property loss, including vehicle repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative care;
- Loss of wages and diminished earning power;
- Pain and suffering & mental anguish;
- Disability or disfigurement; and
- Wrongful death of a family member.
Hit By an Uber? You Can Rely On The West Law Firm
Ridesharing accident claims are complicated. If you were hit by an Uber (or a Lyft), it is imperative that you have a top-tier attorney on your side. At The West Law Firm, we put victims and families first. Whether you were a driver, passenger, or pedestrian, professional representation can make the difference. Our case results demonstrate what we can do for victims and families in South Carolina. When you reach out to us at our Moncks Corner law office, you will have an opportunity to consult with a South Carolina Uber accident lawyer who can:
- Hear your story and answer questions about your case.
- Investigate your ridesharing crash in South Carolina, gathering evidence.
- Handle all settlement negotiations with the insurance companies; and
- Develop a personalized strategy to secure the maximum compensation.
Uber & Lyft Crashes in South Carolina: Frequently Asked Questions (FAQs)
Are There Different Levels of Insurance If You Are Hit by an Uber Driver?
If an Uber driver hit you, it is important to verify that the driver was, in fact, working for Uber at the time of the accident. If the driver was not active on the app at the time of the accident, only the driver’s personal insurance applies. In addition, some drivers drive for more than one rideshare service, so they may be active on a different platform at the same time.
If you are hit by a driver who is only seeking a fare or otherwise active but not carrying passengers, Uber provides some coverage, but not as much as if the driver were on an actual call. Uber’s insurance can pay up to $50,000 for each injured person (with a limit of $100,000 in bodily injury per accident), as well as $25,000 in property damage per accident.
If the driver’s personal coverage is used up, the above limits may apply instead.
If you are hit by an Uber driver who is carrying a passenger, Uber’s insurance will pay up to one million dollars in personal and property damage for any covered accident.
Can I Still Recover Compensation If I Was Partially At Fault?
Yes, South Carolina uses a modified comparative negligence rule. You can recover damages as long as you are less than 50 percent at fault. However, your compensation will be reduced in proportion to your share of the blame. For example, imagine that you were involved in a crash with an Uber at an intersection in Moncks Corner. You sustained $40,000 in total damages. However, you are deemed 25 percent at fault for your own crash because you were speeding. Under South Carolina law, you would be liable for 25 percent of your own damages. In other words, you could still recover compensation for 75 percent of your losses ($30,000).
Is Lyft Subject to the Same Laws as Uber in South Carolina?
Yes. Lyft is subject to the same laws as Uber in South Carolina. Both companies are classified as Transportation Network Companies (TNCs) under South Carolina law. The ridesharing companies are required to have minimum mandatory insurance coverage. If you were involved in a crash with a Lyft, our South Carolina ridesharing accident lawyers are here to help.
How are Overlapping Insurance Policies Managed in Rideshare Accidents?
In rideshare accidents, there can be more than one insurance policy potentially responsible for coverage. South Carolina law outlines specific requirements for insurance coverage based on whether the driver is off-duty, waiting for a ride, or actively transporting a passenger.
What Should I Do If Uber Suggests Arbitration?
Like many businesses, Uber has sought to force legal cases against it into arbitration, where a third party decides what damages will be recovered.
Arbitration has several advantages and disadvantages. It can be quicker than a lawsuit, and can be cheaper than a trial. The arbitrator must be agreed on by both parties. Both parties are encouraged to work together to obtain an outcome. However, an arbitration does not need to follow the same rules of evidence or rely on the same evidence as a courtroom. There are no appeals in an arbitration case.
You and your lawyer should discuss arbitration and its pros and cons before you commit to accepting an arbitration offer.
Contact a Rideshare Accident Lawyer in Moncks Corner
If you or someone you love was hit by an Uber driver, you may have concerns about who will pay for any damages you have suffered. However, a good lawyer will be able to address your concerns and guide you through the process. West Law Firm in Moncks Corner, South Carolina, has a long track record of dealing with multiple parties in a crash. We are able to apply our litigation experience to challenging cases like Uber accident claims. Call or contact us today for a free, no-obligation consultation. With an office in Moncks Corner, we represent ridesharing victims throughout the surrounding region in South Carolina.