What to Do After an Uber or Lyft Crash in Charleston
Rideshare cars are everywhere here: ferrying people from the airport down I-526, looping King Street on a Saturday night and running wedding guests out to the islands. If you were hurt in one, or hit by one, get to the ER first.
Before the app history gets buried, screenshot the receipt, the driver's name and plate, the car, pickup and drop-off points, the route, the times and any messages. If you weren't the passenger, save anything showing the driver was working at the time, like a trade dress sticker or what the driver said.
Write down what the driver was doing: carrying you, driving to a pickup, or saying they were between rides. Ask the officer which agency took the report. Get names, numbers and insurers for every driver, plus witnesses. Photograph your injuries as they heal, and have someone photograph the cars, the road and the curb where you got in or out. Talk with a lawyer before you sign anything.
Trip data can get harder to obtain over time, so asking early for it to be kept can help.
Which Insurance May Apply
South Carolina sets different minimum coverage depending on what the rideshare driver was doing when the crash happened.1
- App off: the driver's ordinary personal auto coverage generally applies, subject to its terms.1
- Logged in, no ride accepted: at least $50,000 per person and $100,000 per accident for bodily injury, plus $50,000 for property damage.4
- Ride accepted through drop-off: at least $1,000,000 in primary liability coverage.5
Uninsured motorist coverage is required during these periods too, and the coverage may come from the driver, the rideshare company or both.54 State law also provides for sharing information about the driver's login status and coverage during a claims investigation.6 These are minimums, not the value of anyone's claim.
The Time to File
Most South Carolina injury claims must be filed within three years.2 The date is for a lawsuit, and talking with an adjuster does not stop it.3 Lawsuits under the Tort Claims Act against a state or local government body generally must be filed within two years, or three with a qualifying verified claim.7 Damage limits and other rules may also apply.8
Our South Carolina Uber and Lyft crash page has more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
Tell us about the ride and the crash. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. If you were on foot, see pedestrian accidents in Charleston. For a crash without a rideshare car, see car accidents in Charleston.
Call and tell us what each insurer has said so far.
South Carolina Law on This
- South Carolina requires different levels of insurance coverage for rideshare drivers depending on what the driver was doing when the crash occurred: logged into the app but waiting for a ride request, traveling to pick up an accepted passenger, or transporting a passenger. When the app is off, the driver's ordinary personal automobile coverage generally applies, subject to its policy terms.1
- Most personal injury claims in South Carolina must be filed within three years.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- When a rideshare driver is logged into the app and available to accept rides but has not yet accepted a ride, South Carolina law requires at least $50,000 in liability coverage per person for bodily injury or death, $100,000 per accident for bodily injury or death, and $50,000 for property damage. Uninsured motorist coverage is also required during this period.4
- Under South Carolina law, once a rideshare driver accepts a ride, at least $1 million in primary liability insurance is required until the last passenger exits the vehicle. This coverage applies to bodily injury, death, and property damage. Uninsured motorist coverage is also required, but it does not have to equal the $1 million liability limit. The required coverage may be provided by the driver, the rideshare company, or both.5
- South Carolina law provides for the exchange of relevant information about a rideshare driver's app login status and insurance coverage during a claims investigation.6
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.7
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.8
Frequently Asked Questions
Is there always $1,000,000 in coverage?
Once a driver accepts a ride, South Carolina requires at least $1,000,000 in primary liability insurance until the last passenger exits. Lower minimums apply while the driver is logged in but hasn't accepted a ride.4 The required amount is a floor for coverage, not a measure of what any person will recover.5
A strange insurance company keeps calling me. Who is it?
A rideshare wreck can involve the driver's own insurer, a company that covers rideshare trips and whoever insures the other car. Ask the caller which company and which policy they represent, and get a claim number. Many people talk with a lawyer before giving a recorded statement.
Should I report the crash in the app?
Uber and Lyft both have a safety reporting option inside past trips. Stick to what happened, skip guesses about fault, and don't say you're fine when you may not know yet. Screenshot what you submit, and make sure police were called too.
I flew home after the trip. Can I still pursue a claim?
Yes. Keep treating with your doctors at home and gather their records. The deadline is for filing suit, and an insurance claim does not pause it.3 A phone call is an easy way to start with us.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
