What to Do After an Uber or Lyft Crash Around Summerville
Treatment comes first. A friend or relative can help save the details while you are in the hospital.
- Call 911 and let EMS decide where you go. Keep records of the ER, follow-ups and rehab.
- Screenshot the trip: receipt, driver's name, car and plate, pickup and drop-off, route, times and app messages. Drivers in another car can photograph any rideshare sticker on the windshield.
- Write down what the driver said about whether a trip was underway.
- Learn the officer's agency. On I-26 that is often the Highway Patrol; in town, Summerville police.
- Collect names, numbers and insurance for every driver and witness.
- Pictures help: your injuries over the following weeks, both cars and the pickup spot.
- Wait before signing. Many people get their questions answered by a lawyer first.
App records and trip data can get harder to obtain over time, so ask early that they be kept.
Rideshare Trips Around Summerville
Rideshare drivers carry people from Nexton, Cane Bay and downtown Summerville to the airport, to jobs and to nights out in Charleston, mostly on I-26. Crashes happen in rush-hour backups, at busy North Main Street intersections and at pickup spots outside restaurants and bars.
Which Insurance May Apply
South Carolina requires different levels of insurance for rideshare drivers depending on what the driver was doing when the crash happened.1 These are the minimum liability coverages state law sets for each stage.45
- App off: the driver's ordinary personal auto coverage generally applies, subject to its 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, heading to pickup: $1,000,000 in liability coverage.
- Passenger on board: $1,000,000 in liability coverage.5
Uninsured motorist coverage is also required, and the coverage may come from the driver, the rideshare company or both.54 The driver's personal policy, the rideshare policy and other drivers' coverage may all need a look. South Carolina law provides for the exchange of information about a driver's login status and coverage during a claims investigation.6
Nobody should read those numbers as a prediction; they are only floors, not a measure of what a claim is worth.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Not Only Passengers
Rideshare crashes hurt riders, people in other cars, pedestrians, cyclists and rideshare drivers. If someone's negligence caused your injuries, you may have a claim whichever you were. If you were on foot, see pedestrian accidents around Summerville.
How Long You Have
In South Carolina, most injury lawsuits must be filed within three years.2 The limit applies to a lawsuit, and talking with an adjuster doesn't stop it.3
Suits under the Tort Claims Act against state or local government entities generally must be filed within two years, and a three-year limit may apply if a qualifying verified claim was filed first.7 Special rules and damage caps may also apply.8
For the statewide overview, see South Carolina rideshare accidents.
Talk With Us
Tell us where the trip started, where it was headed and how the crash unfolded. 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 Summerville. Out-of-town riders can keep seeing doctors back home; their records can be gathered later.
Call us with the trip receipt in hand.
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
Can I talk with you by phone?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
Is there $1,000,000 in coverage on every Uber or Lyft ride?
Once a rideshare driver accepts a ride, South Carolina law requires at least $1,000,000 in primary liability insurance until the last passenger gets out. Lower minimums apply when the driver is logged in but still waiting for a request.4 Which coverage applies depends on the driver's status and the policies involved, and the $1,000,000 minimum is not what anyone will recover.5
An insurer I don't know keeps calling. Who are they?
A rideshare crash can involve the driver's personal insurer, a rideshare insurer and the insurer for another vehicle. Get the company name and claim number before saying anything else, and hold off on a recorded statement until you have had advice.
Should I report the crash in the app?
The apps let you report a safety issue from your trip history. Keep it brief and factual, don't guess about fault and don't downplay your injuries. Screenshot what you send, and make sure police were called so there is a crash report.
I was visiting and I've gone home. Can I still bring a claim?
You can keep treating where you live and send those records along. The filing limit is for a lawsuit, and an insurance claim doesn't pause it.3 A single envelope for every bill, here and back home, makes things simpler.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
