Yes, you can sue your Uber driver for crashing. Just like you could any other at-fault driver in South Carolina, you may sue your Uber driver if they were at fault for the accident and their negligence caused you harm.
Rideshare drivers have a legal duty to drive safely. When they breach that important duty, a Charleston car accident lawyer can help you pursue compensation for your injuries.
Rideshare apps like Uber have made getting around more convenient, but when accidents happen, liability becomes a little more complicated. Whether you were a passenger in the Uber, a pedestrian, or the driver of another vehicle, your ability to sue depends on who was at fault and what kind of insurance coverage is in place.
How Liability Works in an Uber Accident
Not every crash involving an Uber driver leads to a lawsuit. But if the driver caused the accident through speeding, distracted driving, or another form of negligence, they can be held legally responsible. South Carolina follows a fault-based system for car accidents, meaning the person responsible for causing the crash is also responsible for paying for the damages.
Liability may fall on:
- The Uber driver: If they were careless, reckless, or violated traffic laws
- Another driver: If a third party caused the crash
- Uber’s insurance: Depending on the driver’s status at the time of the crash
We’ll help determine who was at fault by reviewing accident reports, witness statements, and other key evidence.
For a free legal consultation, call (843) 380-8350
When Does Uber’s Insurance Cover the Crash?
One of the most important factors in an Uber-related accident is whether the company’s insurance applies. Uber provides the following different levels of coverage based on what the driver was doing at the time of the crash:
- Driver is offline: If the driver wasn’t logged into the Uber app, their personal auto insurance applies.
- Driver is online and waiting for a ride request: Uber provides limited liability coverage, usually up to $50,000 per person injured.
- Driver is en route to pick up a rider or has a passenger in the car: Uber provides up to $1 million in liability coverage and may also offer uninsured/underinsured motorist coverage.
We’ll investigate the driver’s activity status at the time of the crash to determine what coverage is available and which policy applies to your injuries.
Can I Sue If I Was a Passenger?
If you were riding in an Uber when the crash occurred and your driver was at fault, you have the right to pursue a claim. You may be eligible to sue the driver directly, or your claim may be handled through Uber’s $1 million insurance policy.
Compensation may cover:
- Medical bills from emergency treatment, surgery, or rehabilitation
- Lost wages if you had to miss work during your recovery
- Pain and suffering from the physical and emotional impact of the crash
- Future care needs if the injuries cause long-term issues
As an injured passenger, you are almost never considered at fault. That gives you a strong foundation for a personal injury claim.
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What If Another Driver Caused the Crash?
If another vehicle—not your Uber driver—was responsible for the accident, you may have a claim against that driver’s insurance instead. However, if that person is uninsured or underinsured, Uber’s policy may still provide coverage through their uninsured/underinsured motorist protection.
These cases can be complex, especially when multiple vehicles are involved. That’s why it helps to work with a South Carolina law firm familiar with rideshare accident claims and the specific insurance dynamics they involve.
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What If the Uber Driver Wasn’t Entirely at Fault?
In some cases, the Uber driver may not be 100% responsible for the crash. Maybe another car cut them off, or the accident involved multiple vehicles. Even if the fault is shared, you can still recover compensation as a passenger.
As stipulated in the South Carolina Contribution Among Tortfeasors Act, the state uses a modified comparative negligence rule, which allows injured parties to recover damages as long as they were less than 51% at fault. Since passengers are rarely at fault in rideshare crashes, this rule often works in your favor.
Here’s what we do in these cases:
- Investigate all vehicles involved to determine who contributed to the crash.
- Identify multiple insurance policies that could apply, including Uber’s.
- Work to maximize your compensation by allocating fault where it belongs.
These multi-party cases can get complicated quickly, but we have experience navigating overlapping claims and ensuring our clients don’t get left out of settlement discussions.
How Long Do I Have to File a Lawsuit?
In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. If you wait too long, you may lose your right to recover damages.
Even if you think the case might settle, we recommend contacting an attorney as soon as possible. Evidence can disappear quickly, and early legal guidance often leads to stronger outcomes.
How Our South Carolina Personal Injury Lawyers Can Help
At The Thumbs Up Guys, we’ve seen firsthand how rideshare crashes can disrupt lives. Our team investigates the details of the accident, handles communication with Uber and insurance companies, and builds a strong case designed to get you results that matter.
Here’s how we help:
- We collect evidence from police reports, app data, medical records, and more.
- We identify liable parties, including drivers, employers, or third parties.
- We handle all negotiations so you don’t have to deal with insurance adjusters.
- We fight for full compensation, whether through a settlement or in court.
We work on contingency, meaning you pay nothing unless we win your case—and we offer free case reviews so you can understand your options with zero risk.
Talk to The Thumbs Up Guys After an Uber Accident
If your Uber driver caused a crash that left you injured, you have legal options—and you don’t have to face them alone. At The Thumbs Up Guys, we’re proud to be Your South Carolina Injury Law Firm. We’ll review your case, explain your rights, and pursue the compensation you deserve with dedication and care.
Reach out today for a free consultation. We’ll let you know if you can sue your Uber driver for crashing, and we’ll stand by your side every step of the way.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
