Due to the increased popularity of rideshare services, there has also been an increase in accident claims throughout South Carolina. Because of the high demand and number of rideshare vehicles on the road, more passengers and other motorists have to file compensation claims to try and recover damages.
Because rideshare companies focus on profits, their insurance providers look for ways to deny or undervalue accident claims. Due to the legal intricacies involved with determining who is liable for the accident, many rideshare accident victims in SC feel frustrated because they are uncertain who should be held accountable for their injuries.
If you have been involved in an Uber or Lyft accident in Columbia or through our state of South Carolina, you must hire an experienced South Carolina lawyer who understands the complexities of rideshare accident law and will fight for your rights.
Who Can Be Held Liable for a Rideshare Accident in South Carolina?
South Carolina law classifies ridesharing companies as “transportation network companies.” Because South Carolina is an at-fault-based insurance state, the party found responsible for causing the accident is obligated to pay for damages incurred by injured parties.
Understanding when the Uber or Lyft driver’s or rideshare insurance coverage is responsible for an accident claim is critical to recovering financial compensation. Three “stages” apply to Uber or Lyft drivers that are important to understand.
Driver Not Logged Into App
If Uber or Lyft rideshare drivers are not logged into their app, they are not considered “on the clock.” Since the driver is not supposed to be working and involved in an accident, their auto insurance would be responsible for paying claims. South Carolina state law mandates that all rideshare drivers maintain auto insurance like other motorists.
Driver is Logged into the App But Has Not Accepted a Fare
If the rideshare driver has logged into the app but has not accepted a fare, they are now considered to be on the clock. During this stage, if the Uber or Lyft driver causes an accident, their rideshare companies provide $50,000 of coverage for bodily injury or death per person. Uber or Lyft’s insurance will cover up to $25,000 if the accident involves property damage.
Driver is Logged into the App and Has Accepted a Fare
Suppose an Uber or Lyft driver who is logged into the app and has accepted a fare or is transporting a passenger causes an accident. In that case, the rideshare company will provide up to one million dollars of coverage.
Why Do I Need to Hire an Uber or Lyft Accident Lawyer to Help Me With My Claim?
Many South Carolina Uber and Lyft accident victims question why they need a qualified rideshare accident lawyer to handle their cases. Hiring an accident lawyer in South Carolina to help file an accident claim is always best practice. For any ride-hare vehicle accident, you must have a knowledgeable South Carolina attorney based in Columbia who understands the complexities of Uber and Lyft accidents and insurance policies.
One of the most problematic legal issues in rideshare accident claims involves determining what insurance company should be liable. For example, Uber and Lyft drivers who are logged into their app and either waiting on or traveling to pick up a fare or transporting passengers are covered under their respective rideshare companies’ insurance companies if they cause an accident.
Victims in South Carolina would file a claim against the driver’s personal insurance company if a driver were not actively working for the rideshare company.
Rideshare accident victims in SC should also know that if they were passengers in an Uber or Lyft vehicle involved in an accident but not the driver’s fault, the claims process could become more complex. The at-fault motorist would be responsible for any damages. If the at-fault driver is uninsured or underinsured, rideshare companies have supplemental insurance designed to compensate injured passengers.
Insurance companies often like to look for loopholes so they can avoid paying claims. Our Columbia law firm has extensive experience handling rideshare accident cases. Contact our legal team to learn how we can help you file an insurance claim and fight to help you obtain a fair settlement.
Why Do Rideshare Accidents Occur?
Rideshare accidents may occur due to various factors, such as congested traffic or adverse weather conditions. When evaluating accident reports, several commonly reported issues are significant contributors, which include:
- Speeding: Many Lyft or Uber drivers are in a hurry to drop off passengers so they can pick up other fares to make more money. As with any other car accident, speeding or reckless driving can result in devastating accidents.
- Fatigue: Many rideshare drivers spend considerable time operating their vehicles and may become fatigued. Rideshare drivers who lack an appropriate amount of sleep may lose their ability to react quickly to situations.
- Distracted driving: Many Columbia rideshare accidents are determined to result from distracted driving. Lyft and Uber drivers may be easily sidetracked by conversations with their passengers or distracted by phone notifications. When a rideshare driver loses their focus on the road and the vehicles around them, it can easily result in an accident.
- Driving under the influence: Sadly, many car accidents are the result of driving while under the influence, and rideshare accidents are no different. If a Lyft or Uber driver operates a motor while impaired, it can have deadly consequences for passengers or other motorists.
If you are an Uber or Lyft passenger who needs legal help with your rideshare accident case, contact the Law Office of Joshua P. Golson, LLC in Columbia, SC, so that we may evaluate your case.
How Do I Recover Compensation After Being Involved in an Uber or Lyft Accident?
Injured clients in car accident cases may be forced to deal with unexpected medical bills, lost income, and other related expenses. South Carolina law allows injured victims to try to recover compensation from the at-fault driver’s insurance company.
A skilled Columbia Uber and Lyft accident lawyer may be able to recover economic and non-economic damages for injured victims. Economic damages refer to repayment for the expenses accident victims incur due to injury and may include:
- Past and current medical bills
- Lost wages
- Loss of earning potential
- Property damage
Non-economic damages include monetary compensation for intangible losses. It should be noted that any non-economic damages, if awarded, are based on the unique facts and circumstances of the case. Commonly awarded non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement and scarring
Our Columbia accident lawyers also recognize that some injured victims may suffer serious injuries in rideshare accidents in South Carolina that require significant financial compensation. For example, if an injured party suffered spinal cord injuries, they may need lifelong medical treatment that can quickly become cost-prohibitive.
The injured victim may also need modifications to their home and vehicle to accommodate medical equipment. Our Columbia rideshare accident lawyers have the skills to seek compensation that will provide you the peace of mind you deserve.
What Makes Your Columbia Rideshare Accident Lawyer the Right Choice to Handle My Claim?
The Law Office of Joshua P. Golson, LLC has in-depth experience handling South Carolina Uber or Lyft accidents. If you have been injured in an Uber or Lyft accident, we understand that you need time to heal and not worry about dealing with the insurance company.
If we agree to take your case, we will conduct an independent investigation to determine liability. In cases with multiple liability issues, we will work to recover compensation from all those responsible.
Many rideshare accident victims are unaware that most car accidents involving rideshare companies are resolved out of court through settlement negotiations with the at-fault insurance company. Our Columbia attorneys know insurers’ tactics to deny claims in Lyft and Uber accidents throughout South Carolina.
If the insurance company is unwilling to offer a fair settlement for your injuries, our law firm is prepared to file a personal injury lawsuit. Other law firms around South Carolina often focus solely on profits and encourage their clients to take quick settlements to move on to the next case. Our law firm in Columbia, SC, never urges clients to take quick deals and will provide aggressive legal representation to ensure you are treated fairly.
If you have been injured in an Uber-Lyft accident, you must hire an attorney to hold the rideshare service and any other parties accountable for their negligence. Contact the Law Office of Joshua P. Golson, LLC in Columbia, SC, to schedule a free no-obligation consultation so that we may professionally evaluate your case and determine what legal strategies suit your needs.
