Were you hurt in a car accident involving an Uber or Lyft vehicle? Rideshare accidents have become increasingly common in South Carolina, but many people don’t realize how different these collisions can be from a crash between regular drivers on the road.
Due to the way rideshare companies operate, there are additional layers involved in collisions with cars like these relating to insurance coverage, levels of liability, and legal responsibility. The aftermath can be confusing, but fortunately, a Kingstree car accident lawyer can help.
With The Thumbs Up Guys by your side, you can trust us to represent you as your Kingstree rideshare accident lawyers. We have years of experience recovering millions in compensation for people in situations just like yours. We’re here for you.
South Carolina Laws That Govern Rideshare Accidents
Under South Carolina law, Uber and Lyft are classified as Transportation Network Companies (TNCs). These are regulated under South Carolina Code § 58-23-1610 through § 58-23-1670.
Drivers who work for TNCs are considered independent contractors, not employees, and they use their personal vehicles while logged into the app. As a result, the way insurance coverage applies will depend on what the rideshare driver was doing at the time the crash happened.
This may seem confusing to victims of collisions, especially those who are dealing with a lot of turmoil in the aftermath. But don’t worry; help is available. Let a Kingstree personal injury lawyer guide you through the process.
For a free legal consultation with a rideshare accidents lawyer serving Kingstree, call (843) 380-8350
Insurance Coverage Based on Ride Phase
In South Carolina, insurance coverage for rideshare drivers depends on what the driver was doing at the exact time of the crash. State law breaks this down into three distinct phases, and each one triggers a different level of insurance protection.
That matters because it directly affects which insurance policy applies and how much coverage is available.
Offline
If the driver isn’t logged into the Uber or Lyft app, they’re considered “offline.” In this situation, the rideshare company provides no coverage at all. The driver is treated like any other private motorist, and only their personal auto insurance applies.
App On, No Ride Accepted
Once the driver turns on the app and is available to accept rides but hasn’t actually matched with a passenger yet, the rideshare company is required by South Carolina law to provide some basic third-party coverage.
During this phase, here’s what the minimum amount of coverage includes:
- $50,000 for bodily injury per person
- $100,000 total for bodily injury per accident
- $25,000 for property damage
This coverage steps in if the driver’s personal policy doesn’t apply or isn’t enough to cover the damages.
Trip Accepted or Passenger On Board
The highest level of coverage kicks in once a ride has been accepted or a passenger is in the car. At this stage, Uber and Lyft are required to provide a $1 million liability policy.
This includes both bodily injury and property damage coverage, along with uninsured and underinsured motorist coverage. The latter is particularly important if the crash involves another driver who doesn’t have enough insurance.
The key detail is what phase the driver was in when the accident happened. That’s what determines which insurance company is responsible for paying out your claim and how much money may actually be available.
Kingstree Rideshare Accident Lawyer Near Me (843) 380-8350
Fault and Comparative Negligence in South Carolina
South Carolina follows a modified comparative negligence rule under S.C. Code § 15-38-15. This means you can recover damages as long as you are found to be less than 51% at fault. If you’re partially responsible for the crash, your compensation may be reduced based on your share of fault.
In a rideshare accident, fault might lie with any of the following parties:
- The rideshare driver
- Another person operating a vehicle on the road at the time of the crash
- A pedestrian, a cyclist, or an outside factor, like poor road design
Often, the process of determining liability in these cases involves reading police reports, exploring eyewitness accounts, looking at digital ride logs, analyzing app data, and viewing traffic camera footage.
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Common Injuries in Rideshare Collisions
The injuries sustained by those involved in rideshare accidents are often similar to those in other vehicle crashes. That said, they can vary depending on the type of impact and the position of the injured person.
These are examples of common injuries sustained by those involved in rideshare collisions:
- Whiplash and soft tissue injuries
- Head injuries and concussions
- Broken bones and fractures
- Back and neck injuries
- Internal injuries and organ damage
- Psychological trauma and anxiety
Passengers seated in the back, where seatbelt use may be less common, are especially vulnerable to sudden-impact injuries as well.
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Statute of Limitations for Rideshare Accidents in South Carolina
In South Carolina, the statute of limitations for personal injury claims, including rideshare accidents, is three years from the date of the crash. This deadline is set by S.C. Code § 15-3-530.
Failing to file a claim within this timeframe could result in you losing your right to compensation altogether. Certain exceptions, such as claims involving government vehicles or injured minors, may have different deadlines or notice requirements.
The sooner you reach out to rideshare accident attorneys in Kingstree, the sooner our lawyers can let you know how much time you have to file your claim. Similarly, we can also make sure all documentation is filed on time on your behalf.
Contact Our Rideshare Accident Law Firm in Kingstree Today for More Information About What We Can Do for You
If you were hurt in an Uber or Lyft accident, you are likely juggling a lot of difficulties, from mounting medical bills to injury recovery. The laws around rideshare crashes are more complicated than other car accidents, too, so it’s not always clear who’s responsible or how to recover compensation.
However, that’s where a rideshare accident attorney in Kingstree comes into play. Our lawyers can advocate for your rights, determine who’s at fault for the crash, and build a case on your behalf.
The Thumbs Up Guys are ready to be Your South Carolina Injury Law Firm. Call today for more information.
Call or text (843) 380-8350 or complete a Free Case Evaluation form