If you’re an Uber devotee, you recognize the convenience of the service. After all, you can hail your own personal driver with an app—on your phone! When all’s well, it’s a pretty great deal. But if you’ve been hurt in a Charleston Uber accident, everything changes. All car accidents are upsetting, but if an Uber accident injured you, the situation can become even more confusing. Because rideshare accidents involve unique insurance coverage and legal complexities, getting help from a Charleston Uber accident lawyer is essential.
Understanding Your Rights After a Rideshare Accident
Because the ridesharing industry has introduced new complexities in our daily lives, it’s best to familiarize yourself with the basics as they currently stand. Accidents involving Uber and Lyft are treated differently from traditional car accidents, especially when multiple insurance policies and parties are involved.
Insurance and Uber
Uber continues to grow and add new drivers to its roster every day. It’s simple math that with more Uber vehicles on our roads, more Uber accidents will occur. More rideshare drivers on the road means more opportunities for accidents involving Uber or Lyft. These rideshare companies operate under a different model. Uber and Lyft drivers classify their drivers as independent contractors, and different levels of liability protection apply. As such, Uber customers need to understand how Uber’s insurance policy works—and that’s where it can get complicated.
If an accident involving Uber injured you, you need an experienced car accident attorney. As you’ll see, these claims can quickly become complicated, and your rights and rightful compensation are too important to leave to chance—or to the insurance company or companies involved. The dedicated legal team at the Hughey Law Firm in Charleston has the experience, skill, and tenacity to fight for the most positive resolution in your situation, and we’re here to help.
Uber drivers use their own cars, and they carry their own insurance. Uber also provides $1 million in liability coverage for drivers, but it applies only under specific circumstances.
Whether you are injured while riding in an Uber or are injured when your own vehicle is involved in an accident that’s caused by an Uber will play an important role in determining which insurance policy or policies will kick in. These insurance issues can affect who pays for your medical bills, property damage, and other losses. Take into consideration these three primary situations:
1. The Uber driver is on duty and is carrying passengers.
Since the Uber driver is obviously using a personal vehicle as a commercial vehicle in this instance, Uber’s commercial insurance policy will activate to cover the Uber driver’s liability—whether you are injured in an accident in which you’re riding as an Uber passenger or you’re injured in an accident that’s caused by an Uber driver who’s carrying passengers (or is picking up an active fare).
The same rules apply in a Lyft accident involving a driver transporting passengers through the Lyft app.
2. The Uber driver is on duty and isn’t carrying passengers.
If you’re injured in a car accident involving an on-duty Uber driver who is in between picking up passengers, things become more confusing. The nature of driving for Uber is that drivers often face plenty of downtime in which they have no active fares. These drivers often, nevertheless, remain on the road—even though they aren’t technically working for Uber at the time. In such instances, a contingent insurance policy, rather than Uber’s commercial policy, is likely to apply.
The same applies to Lyft drivers who are logged into the app but not transporting passengers. A Charleston Uber accident lawyer can help identify which insurance policies are involved and how they affect your case.
3. Uber driver is off the clock.
If you’re injured in an accident in which the other driver is an Uber driver who’s off the clock (not driving for Uber), the accident claim will move forward just as any other car accident claim would, because at that moment the driver’s vehicle isn’t considered—in the eyes of the law—a commercial vehicle. You’ll pursue a claim with the driver’s personal insurance, and Uber’s insurance policy won’t activate. This rule also applies when a Lyft driver is off duty and not using the rideshare app.
As you can see, these situations can become complex. That’s why, if you’ve been in an Uber-related accident or if your Uber driver injured you in any way, seek skilled legal counsel from the Hughey Law Firm. An experienced Uber and Lyft accident attorney will investigate the accident to determine which party or parties are at fault.
South Carolina Law and Driver Negligence
South Carolina law looks at all car accidents through the same legal lens, which means that the basic element at issue—whether it involves an Uber or not—is negligence. In rideshare accident cases, this means proving that a negligent driver breached a duty of care and caused you harm. Four elements are necessary to bring a successful car accident claim against an Uber driver (or any driver) in South Carolina:
- The other driver (or your Uber driver) owed you a duty of care
- The other driver (or your Uber driver) failed to uphold that duty of care
- The failure of the other driver (or your Uber driver) caused your injury
- You suffered quantifiable damages
These are standard elements as far as car accidents go, and it applies to car accidents that involve rideshare drivers.
South Carolina and Comparative Fault
South Carolina adheres to the comparative fault (or comparative negligence) standard for liability in car accidents. As such, South Carolina recognizes that some accidents are caused by more than one driver and that, therefore, both drivers share the fault to some degree.
Furthermore, South Carolina implements a 51 percent cap on who may recover compensation in a car accident. This means that if the other driver is at least 50 percent responsible, you may recover damages, but your compensation will decrease by the same percentage for which you bear responsibility.
An experienced lawyer at the Hughey Law Firm, however, can fight attempts by insurance companies to use comparative fault to decrease the settlements they offer you.
Common Injuries in Charleston Uber and Lyft Accidents
Rideshare passengers often suffer serious or even long-term injuries. Depending on the severity of the crash, you may need immediate medical attention or ongoing treatment. Common injuries from Uber or Lyft accidents in Charleston include:
- Traumatic brain injuries (TBI), concussion, and other serious head injuries;
- Whiplash and other soft tissue injuries;
- Blunt force trauma;
- Organ damage and other internal injuries;
- Broken bones;
- Spinal cord injuries;
- Lacerations.
Whether you suffered minor injuries or significant trauma, seeking medical attention immediately is crucial—not just for your health, but to document your medical records for your claim.
What to Do After a Rideshare Accident in Charleston
If you’re involved in an accident involving a rideshare vehicle—whether it’s an Uber or Lyft—your actions afterward can impact your case.
- Call 911 and report the accident;
- Take photos of the vehicles involved and visible injuries;
- Get contact information from all drivers and rideshare passengers;
- Seek immediate medical attention—even if injuries seem minor;
- Contact a Charleston Uber accident lawyer or Lyft accident lawyer for a free consultation.
- Do not speak to insurance adjusters until after you have talked to a skilled rideshare accident attorney.
It’s Complicated—so Hire the Hughey Law Firm to Handle It
Uber and other rideshare businesses are fairly new on the scene, and they didn’t face a whole lot of oversight or regulations right out of the gate. That continues to change, and the attorneys at the Hughey Law Firm carefully follow the law as it evolves so they can better serve people who suffer injuries involving Uber.
As an Uber passenger, you’re probably covered by Uber’s commercial policy, but it’s not always quite that simple. Keep in mind that companies that issue massive commercial insurance policies are in the business of keeping their payouts low and their profits high.
Our legal team can help you pursue fair compensation for medical expenses, lost wages, property damage, and other damages sustained. We represent victims in rideshare accident cases involving both Uber and Lyft drivers. If an Uber accident injured you, consult an experienced Charleston car accident lawyer.
If You Were Injured in a Rideshare Accident, Contact a Charleston Car Accident Attorney Today
Car accidents are always upsetting, and if an Uber accident injured you, the complicated insurance issues involved can make recovery more difficult than it already is.
The dedicated car accident attorneys at the Hughey Law Firm in Charleston, South Carolina, have the experience, skill, and commitment to navigate your claim through the maze of insurance and toward its best possible resolution.
Whether you were injured in an Uber or Lyft ride, struck by a negligent driver, or dealing with confusing insurance coverage, our law firm is here to help. We’re here to help, so please contact us online or call us at (843) 806-0979 today for your free consultation.