What to Do After an Uber or Lyft Accident in South Carolina
Medical care comes first. A family member or friend can help save the details while you're in the hospital.
- Get medical attention. Call 911 for serious injuries or emergencies and follow EMS recommendations. Keep records of emergency treatment, follow-up appointments and rehabilitation.
- Save your trip information. Screenshot the ride receipt, driver's name, vehicle and license plate, pickup and drop-off locations, route, timestamps and any messages exchanged through the app. If you were not a passenger, record anything showing whether the driver was working through Uber or Lyft at the time. This information can help identify which insurance coverage applies.
- Note what the driver was doing. Were you in the car? Was the driver on the way to pick someone up? Did they say they were between rides?
- Get the crash report. Ask the officer which agency is handling it and how to request a copy.
- Collect names. Get the names, phone numbers and insurance details of every driver involved, plus any witnesses.
- Photograph everything. Photograph your injuries as they heal. Someone can also photograph each vehicle, the road and the curb where you got in or out.
- Take your time before you sign. Many people get their questions answered by a lawyer before agreeing to anything.
App records and electronic trip data can change or become harder to get over time, so it helps to ask early that they be preserved.
Which Insurance Covers an Uber or Lyft Accident?
South Carolina requires different levels of insurance coverage depending on what the rideshare driver was doing when the crash occurred.1 Coverage may differ when the driver is logged into the app but has not accepted a ride, when the driver is traveling to pick up a passenger, and when a passenger is in the vehicle.
These are the minimum liability coverages South Carolina law sets for each stage.45
- App off: the driver's ordinary personal automobile coverage generally applies, subject to its policy terms.1
- App on, waiting for a request: $50,000 per person and $100,000 per accident for bodily injury, plus $50,000 for property damage.4
- Ride accepted, traveling to the pickup: $1,000,000 in combined liability coverage.
- Passenger in the vehicle: $1,000,000 in combined liability coverage.5
The rideshare insurance requirements also include uninsured motorist coverage, and the required coverage may be carried by the driver, the rideshare company or both.54
The driver's personal automobile insurance, insurance maintained for rideshare activity and coverage carried by other drivers involved may all need to be examined. Determining which policies apply is an important part of investigating a rideshare accident. South Carolina law also provides for the exchange of information about whether the driver was logged in, and what coverage applied, during a claims investigation.6
These are minimums, not the value of a claim. What a claim may be worth depends on the injuries and the facts.
Not Just Passengers
Rideshare crashes can injure people inside the Uber or Lyft, people in other vehicles, pedestrians, cyclists and rideshare drivers themselves. If someone's negligence caused your injuries, you may have a claim no matter which of those you were. If you were walking when you were hit, see our page on pedestrian accident claims.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Your Deadline
Most personal injury claims in South Carolina must be filed within three years.2 That deadline is for filing a lawsuit, and talking with an adjuster does not stop it.3
Claims against South Carolina state or local government entities have their own rules. Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed.7 Special rules and limits on damages may also apply.8
A lawyer can explain how this works for you.
Talk With Us
We start by listening to what happened on the ride. If you hire us, the insurers can usually deal with us. We talk with you.
Our firm is based in Charleston, and we take rideshare accident cases from across South Carolina. If you were visiting, you can keep treating with your own doctors at home; ask each office for copies of your records and bills. For a crash that did not involve a rideshare, see our page on car accident claims in South Carolina. When a crash causes a serious brain or spinal injury, see our page on life-changing catastrophic injuries.
Tell us about the ride, the crash and 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
Does Uber or Lyft provide $1,000,000 in insurance coverage?
South Carolina law requires at least $1,000,000 in liability insurance while a rideshare driver is traveling to pick up an accepted passenger or transporting a passenger. Lower minimum limits apply when the driver is logged into the app but waiting for a ride request.4 The coverage that applies depends on the driver's status, the circumstances of the crash and the insurance policies involved. The $1,000,000 requirement does not mean an injured person will recover that amount.5
An insurance company I've never heard of called me. Who are they?
Several insurance companies may be involved in a rideshare accident, including the driver's personal insurer, an insurer providing rideshare coverage and the insurer for another vehicle. Ask which company the caller represents, whose policy is involved and for the claim number. Keep a record of communications, and consider speaking with a lawyer before giving a recorded statement or signing a release.
Should I report the crash in the rideshare app?
Rideshare apps have a way to report a safety problem from your trip history. Keep your report short and factual. Describe what happened without guessing about fault. Don't downplay how you feel; you may not know yet how badly you're hurt. Take a screenshot of what you send. Make sure the police were called too, so there is a crash report.
Can I still bring a claim if I was a visitor and I've gone home?
You can keep getting treatment where you live and send those records along. The filing deadline is for a lawsuit in court, and an insurance claim does not pause it.3 It helps to keep every bill and receipt from both places in one folder.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
