Our David W. Martin Accident and Injury Lawyers in South Carolina understand the appeal of rideshare companies like Uber and Lyft. These services have revolutionized the transportation industry, offering a convenient, flexible, and often more affordable alternative to traditional taxi and public transportation.
Individuals can summon a ride with just a few taps on their smartphones, benefiting from shorter wait times, transparent pricing, and user-friendly apps that track the driver’s location in real time. However, when these vehicles are involved in crashes that result in injuries or tragic fatalities, there is often a lot of confusion about who is liable: the driver, the rideshare company, or a third party.
By clearly understanding liability, individuals involved in rideshare accidents in South Carolina can empower themselves to navigate the complexities of filing claims and seeking appropriate compensation. Here’s what they need to know.
When is a Rideshare Company Liable for Accident & Injury Victims’ Damages?
Liability for rideshare accidents and injuries in South Carolina can involve multiple parties, depending on the circumstances of the accident. In addition, during different periods of a rideshare trip, the driver’s and the rideshare company’s insurance may come into play.
They include:
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App Off: Driver Not Logged Into the Rideshare App
When the driver is not logged into the rideshare app, they are considered off-duty, and any accidents that occur during this time are covered solely by the driver’s auto insurance.
The company’s insurance policies do not apply in this phase.
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App On, No Ride Request: Driver Logged In, Waiting for a Ride
When the driver is logged into the app but has not yet accepted a ride request, the rideshare company provides contingent liability coverage.
This means the driver’s auto insurance is the primary coverage. Still, the rideshare company’s contingent coverage may apply if the driver’s policy does not cover the total damages from the accident.
The rideshare contingency coverage typically includes up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.
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En Route to Pick Up a Passenger: Driver Accepted a Ride Request
Once the driver accepts a ride request and is en route to pick up the passenger, the rideshare company’s primary liability coverage comes into effect.
This usually includes comprehensive coverage for bodily injury and property damage up to $1 million per incident and for accidents involving uninsured or underinsured third-party drivers, typically up to $1 million.
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During the Ride: Passenger in the Vehicle
While the passenger is in the vehicle, the rideshare company’s primary insurance remains in effect. The same comprehensive $1 million liability coverage covers bodily injury and property damage and protects against accidents involving uninsured or underinsured motorists.
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Post-Ride: Passenger Dropped Off, Driver Available
After the passenger is dropped off and the driver is available for new ride requests, the contingent liability coverage resumes until the driver accepts a new ride request or logs out of the app.
Have You Been Injured in a Rideshare Accident in South Carolina?
Facing off against the corporate attorneys and insurance representatives employed by Uber, Lyft, or another rideshare company can be intimidating. We can help lessen the stress and anxiety associated with your claim. Contact our David W. Martin Accident & Injury Lawyers today at (803)-258-6199 to learn more about your legal rights and options to hold the negligent party liable for your complete recovery needs.
We provide free consultations for all South Carolina personal injury cases and never charge legal fees unless we deliver a positive outcome for your unique case.