The rise of rideshare companies has raised complicated questions regarding accidents and liability. If you have been in a rideshare accident, it is imperative to speak to an experienced attorney who can explore your options for recovering compensation from at-fault drivers and companies.
If you have been in an Uber or Lyft accident in South Carolina, an experienced car accident attorney can help you pursue a claim that maximizes your likelihood of recovering compensation for your injuries and losses.
What Is South Carolina’s Law for Rideshare Companies?
South Carolina law requires all rideshare companies, or Transportation Network Companies (TNC) as the law calls them, to register with the state. It also requires all drivers to carry additional insurance liability coverage when they are logged into the app or actively transporting a passenger. When logged into the app but not actively transporting a passenger, a TNC driver must have the following:
- $50,000 for death and bodily injury per person
- $100,00 for death and bodily injury per accident
- $50,000 in property liability coverage
When the driver is actively transporting a customer, they must carry at least $1 million in injury liability and property damage coverage. These enhanced minimum requirements kick in only after they log into the app and start taking passengers. When not logged into an app, the driver must carry the same auto insurance minimums as every other driver.
Are Uber/Lyft Drivers Employees or Are They Independent Contractors?
Rideshare employees in South Carolina are independent contractors, not full-time employees. This distinction matters because employers are usually only liable for their employees’ negligent behavior, not the negative actions of independent contractors. This employment distinction is one of the main differences between Uber/Lyft accidents and other driving company accidents, like those involving a taxi or limo service.
What Sort of Insurance Do Uber and Lyft Drivers Have?
When not logged into the app, off-duty rideshare drivers have the same auto coverage as regular private drivers but must have separate rideshare coverage when they are on the app. The driver’s personal auto policy can satisfy these requirements, or the TNC can provide coverage for its drivers. However, most personal auto policies explicitly exclude coverage when the driver is using their vehicle for rideshare activity.
As it happens, most large TNCs do provide coverage for their drivers. For instance, Lyft offers 50/100/25 insurance for drivers on the app but not transporting riders and one million in coverage for drivers en route to a rider or with a passenger in their cars. Uber offers similar insurance coverage for drivers who are on the app and actively transporting passengers. These coverage distinctions mean a key aspect of rideshare accident claims is proving the collision happened while the driver was legally on the clock and that enhanced coverage applies.
What Are the Steps You Should Take Immediately After an Uber or Lyft Car Accident?
After a rideshare accident in South Carolina, you should immediately document the scene by taking pictures of the accident and your injuries. You will also need the other driver’s insurance and rideshare company information, as well as contact information from any eyewitnesses. After seeing a doctor and gathering medical documentation, contact a car accident attorney. They can start investigating your case and push back against any insurance company attempts to redirect or deny responsibility.
Who Can Be Held at Fault for a Rideshare Accident?
The rideshare driver is usually the at-fault party after an accident. Specifically, they can be liable for any negligent driving that causes injuries. For instance, a rideshare driver who runs a stop sign and causes a collision would be responsible for any injuries they cause. Generally speaking, TNCs are not liable for their driver’s negligence because they are independent contractors.
However, you may be able to sue the rideshare company for negligent practices that contributed to the wreck. If, for example, the company hired a driver with multiple DUI violations or without a valid license, you could potentially pursue a car accident claim against them for negligent hiring practices. An attorney can investigate your case to see if there are grounds for directly suing the rideshare companies after an accident.
Who Do I File My Accident Claim With?
If the accident occurred while the driver was on the clock, you would file a car accident lawsuit through the rideshare company’s applicable policy. If the accident happened while the driver was not working, you would file a claim through their personal auto policy, the same as a regular car accident. A third case would be if the driver has a separate rideshare auto insurance policy, in which case you would file through that instead.
How Long Do I Have to File a Rideshare Accident in South Carolina?
Rideshare accident lawsuits are subject to a three-year statute of limitations, which is the same as other personal injury lawsuits. There are a handful of exceptions to this statute, such as if the victim is a minor or mentally incapacitated, but in almost all other cases, your legal claim to damages will expire if you wait longer than three years to file. Hence, the best strategy is to initiate the claims process as early as possible when evidence is fresh. This allows your car accident attorney to prepare a more persuasive claim and reduces the risk that you’ll run out of time.
Contact a South Carolina Lyft/Uber Accident Lawyer
Rideshare accidents raise several complex questions about liability and insurance coverage that are tough to untangle without an experienced car accident lawyer.
The team at McKinney, Tucker & Lemel LLC has helped injured South Carolinians seek justice and compensation for their losses since 1977. Our accomplished attorneys are highly familiar with the nuances of rideshare regulations in the state and can help you seek justice for your injuries. We won’t rest until we have explored every available option for recovering the compensation you are due.
Contact our firm today or reach out by phone for a case consultation with a South Carolina rideshare accident attorney.
