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Uber and Lyft Accidents
The convenience of ridesharing lends itself to more people choosing companies such as Uber and Lyft for transportation. Their services promise convenience, safety and cleanliness. Passengers and drivers alike can rate their experiences after the ride is complete which gives ridesharing a sense of community and accountability. As more individuals choose to use these apps to get from point A to point B, there are more ridesharing accidents that occur on the roadways.
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- Julian Allen
My Car was Hit by an Uber Driver
Uber drivers are considered independent contractors rather than employees. The vehicles they drive are their own, and they must have insurance covering liability, bodily injury and property damage. South Carolina is an “at fault” state for insurance. This means that the driver at fault for an accident is responsible for damages.
If the driver was not working, or offline, their personal automobile insurance covers them in an accident. If the driver is logged into the app, but not transporting a passenger, their personal insurance is accessed as the primary insurance. If injuries or damages exceed their policy limits, then Uber’s insurance may provide more. When an Uber driver has a passenger or is in route to pick someone up, if they collide with your car, the ridesharing company’s insurance provides coverage. Are you confused yet?
Passengers in Rideshare Accidents
When an accident occurs and you are the passenger inside of a rideshare vehicle, then companies’ insurance provides coverage. For incidents in which an Uber driver gets in a wreck while transporting a passenger, Uber is covered by $1 million in liability insurance. If you have been hurt in an accident with a ridesharing driver, insurance companies usually pressure you to settle as quickly as possible. You should consult with an experienced Charleston rideshare accident lawyer. The complexity of these cases must be addressed with professional legal support. You need an attorney in your corner to negotiate with pushy insurance adjusters.
What Do I Do After a Ridesharing Accident?
It can be incredibly jarring and traumatic to be in a car accident. If you have been injured in a Charleston ridesharing accident it is important to remain as calm as you can. The next steps you take are very important for your case.
- Call 911 to report the accident
- Seek medical treatment for injuries
- Document the rideshare details
- Collect the driver’s information
- Take down the driver and the company’s insurance information
- Take pictures of the accident, the scene and injuries sustained
- Collect witness’s information
- Speak with a Charleston car accident attorney before you speak with any insurance adjusters
Rideshare drivers are independent contractors, which makes personal injury cases in these accidents even more complex. The driver is liable when they are at fault and their app is off. If the driver is on the app, the insurance coverage varies by circumstances as to whether they or the company are liable. These companies offer coverage for accident victims, but not for their drivers. It looks like this:
- Driving mode off. The driver’s insurance covers damages which means they may only carry South Carolina minimums.
- Driving mode on without a passenger. Up to $50,000 per person for bodily injury, up to $100,000 per accident for bodily injury, and $25,000 for property damage.
- Driving mode on with a passenger. Employs the rideshare company’s umbrella policy of $1 million in total coverage.
That is why it is crucial that you speak with a personal injury attorney who is familiar with the legalese of ridesharing auto insurance. You may be in pain and trying to recover. The last thing you need to be worried about is Uber’s insurance technicalities.
Seek Legal Help
Ridesharing accidents can result in serious or fatal injuries. Medical expenses pile up with treatments, surgeries and therapies. If you or your loved one have been injured in an Uber or Lyft accident call Allen Law. Attorney Allen has extensive knowledge of ridesharing laws and liabilities. He will go to bat for you with the insurance adjusters to help you get the compensation you deserve. Call our office to schedule a free consultation today (843) 882-5005.