After an Uber or Lyft Crash in Columbia
Treatment comes first. Your phone holds the most useful evidence, so ask someone to grab screenshots if you can't.
- Get care. Call 911 for serious injuries and follow the EMS crew. Keep records of the ER, follow-ups and rehab.
- Save the ride record from your account. It shows the route map, the timestamps, the driver's first name, the car and the plate. Hit by an Uber while driving your own car? Look for a windshield decal or ask the driver straight out whether they had a fare.
- Pin down the driver's status. Were you riding? Was the driver headed to a pickup or between rides?
- Get the report. Columbia Police, USC police, a sheriff's department or the Highway Patrol may have handled it. Ask how to get a copy.
- Get names and insurers. Every driver and any witnesses.
- Take photos. Injuries as they heal, each vehicle, the road and the curb where you got in or out.
- Don't agree to anything yet. Many people talk to a lawyer first.
App data can get harder to obtain over time, so ask early for it to be preserved.
Rideshare Traffic in the Midlands
Rides pick up and drop off constantly in Five Points and the Vista at night, around the USC campus, at Columbia Metropolitan Airport and near Williams-Brice on game days. Curbside stops on busy streets like Harden, Gervais and Assembly put riders, drivers and walkers close together.
Which Insurance May Apply
The coverage required changes with what the driver was doing.1 South Carolina sets these minimum liability amounts:45
- App off: the driver's personal auto policy generally applies, subject to its terms.1
- App on, no ride accepted: $50,000 per person and $100,000 per accident for bodily injury or death, plus $50,000 for property damage.4
- Ride accepted through drop-off: at least $1,000,000 in primary liability coverage until the last passenger exits the vehicle.5
Uninsured motorist coverage is also required, and the coverage may come from the driver, the rideshare company or both.54 South Carolina law provides for the exchange of information about the driver's app status and coverage during a claims investigation.6
Those are floors, not the value of a claim. What a claim may be worth depends on the injuries and the facts.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Time to File
Most personal injury claims in South Carolina must be filed within three years.2 The clock is for a lawsuit, and an insurance claim won't stop it.3 Tort Claims Act suits against state or local government entities generally must be filed within two years, or three years if a qualifying verified claim was first filed.7 Caps and special rules can apply.8 See rideshare accident claims in South Carolina for more.
Talk With Us
Walk us through the pickup, the crash and the calls you've gotten since. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If you were walking when the car hit you, see Columbia pedestrian accident claims.
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 really $1,000,000 in coverage on every Uber or Lyft ride?
Once a rideshare driver accepts a ride, South Carolina requires at least $1,000,000 in primary liability insurance until the last passenger exits the vehicle. The required amounts drop for a driver who is online but still waiting for a request.4 That figure is a required minimum, not what any person will recover.5
An insurer I don't recognize keeps calling. Who is that?
Several carriers may be in the mix: the driver's personal one, the rideshare policy and anyone else's. Ask whose policy the caller is handling and for a claim number, and keep notes. Before you agree to be recorded or sign a release, it's reasonable to get advice.
Should I report the crash in the app?
You can report a safety issue through your trip history. Stick to what happened, don't guess about fault and don't say you're fine when you don't know yet. Keep a copy of the message and confirm an officer wrote up the crash.
I was in town for a game and I'm back home now. Can I still pursue a claim?
Yes, you can keep treating with doctors where you live. Opening a claim with an insurance company does not stop the statute of limitations from running.3 Keep the bills from both places together.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
