After an Uber or Lyft Crash on Johns Island
Treatment comes first. Someone close to you can collect what's below while you're treated.
- Get care. Call 911 and follow EMS advice. Keep every ER and therapy paper.
- Capture the app. Grab screenshots of the trip receipt, the driver and car shown, the plate, the map of the route, the times and any chat messages. Hit by a rideshare car while driving or walking? Note any Uber or Lyft sign in the windshield, or anything the driver said about working.
- Note the driver's status. Were you in the car? Was the driver heading to a pickup? Did the driver mention waiting on a ping?
- Learn who worked the crash. City police, deputies or a trooper; ask which, and how to request the report.
- Collect names and insurance from every driver, plus witnesses.
- Photograph things. Your injuries as they heal, every vehicle, any rideshare sticker, the road and where you got in or out.
- Wait before signing. Many people ask a lawyer their questions first.
Trip data in the app doesn't always stay put, so a prompt request to preserve it helps.
Rideshare Trips on the Island
Rideshare cars carry people across the Stono to and from downtown, the airport and West Ashley, and down Bohicket Road toward Kiawah and Seabrook for weddings and vacations. Long rural stretches, narrow shoulders and backups on Maybank Highway are all part of those trips.
Which Insurance May Apply
South Carolina sets different minimum coverage depending on what the rideshare driver was doing at the time of the crash.1 Here are the state's minimum liability limits by stage.45
- App off: the driver's own auto policy generally applies, subject to its terms.1
- App on, no ride yet: $50,000 per person and $100,000 per accident for bodily injury, plus $50,000 for property damage.4
- Driving to pick someone up after accepting: $1,000,000 combined liability.
- Rider in the car: $1,000,000 combined liability as well.5
The requirements also include uninsured motorist coverage, which the driver, the rideshare company or both may carry.54 Sorting out a claim can mean looking at the driver's personal policy, the rideshare policy and the other car's insurer. During a claim, state law provides for exchanging information on the driver's app status and the coverage in effect.6
None of these numbers tells you what a claim is worth. That 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 Limits
Most South Carolina injury claims must be filed within three years.2 The limit is for a lawsuit, and talking with an adjuster does not pause it.3
Tort Claims Act suits against a state or local government body generally must be filed within two years, or three years if a qualifying verified claim was filed first.7 Special rules and damage caps may also apply.8 A lawyer can explain how this fits your crash. The statewide page covers rideshare accident claims in South Carolina.
Talk With Us About What Happened
Tell us about the trip, start to finish. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, including after you've gone home.
If you were on foot when a rideshare car hit you, see Johns Island pedestrian crashes.
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 on an Uber or Lyft?
State law sets a $1,000,000 liability minimum from the moment a driver accepts a ride until the passenger gets out. Lower minimums apply when the driver is logged in but waiting for a request.4 Which coverage applies depends on the driver's status, the crash and the policies, and the requirement does not mean anyone will recover that amount.5
An insurance company I've never heard of called me. Who are they?
Several insurers can be involved: the driver's personal insurer, a rideshare insurer and the insurer for another vehicle. Ask whom the caller represents, whose policy it is and the claim number. Write down each call, and think about calling a lawyer before any recorded statement or release.
Should I report the crash in the app?
Each app has a way to flag a safety problem from past trips. Keep it short and factual, don't guess about fault, and don't play down your injuries, since you may not know yet how badly you're hurt. Save a screenshot of your report, and make sure an officer wrote up the crash too.
I was visiting near Kiawah for a wedding and I've flown home. Can I still bring a claim?
You can keep treating with doctors at home and send those records along. The time limit is for a lawsuit, and an insurance claim does not pause it.3 Keep bills from here and from home together.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
