Charleston Rideshare Accident Attorneys
Helping Victims of Uber & Lyft Accidents in Charleston, SC
Uber and Lyft accident claims can involve multiple insurance policies, disputes over the driver’s activity in the app, and questions about who caused the collision. Passengers, rideshare drivers, pedestrians, cyclists, and other motorists may have grounds to pursue a claim after a crash. Our attorneys represent people injured in accidents involving Uber, Lyft, and other rideshare services throughout Charleston and South Carolina.
At Pierce, Sloan, Kennedy & Early LLC, we investigate the collision, identify available insurance coverage, and manage communications with insurers. Our firm has practiced since 1999, and our attorneys have 165 years of combined legal experience. Our personal injury attorneys are licensed in South Carolina, Georgia, and Florida.
If you were injured in a rideshare crash in Charleston, call (843) 968-0886 or contact us online today to schedule a free consultation.
What Happens in a Rideshare Accident?
The steps after an Uber or Lyft accident resemble those after other motor vehicle crashes, but determining liability and available insurance coverage can be more complicated. Protect your safety first, then preserve the information needed to support your claim.
The process includes:
- Immediate Safety: Check everyone’s safety. If the accident is minor and the vehicles pose a traffic hazard, move them to a safe location if possible.
- Medical Attention: Check for injuries and call emergency services if needed. Seek medical attention even if your injuries initially seem minor.
- Report the Accident: Call the police. Law enforcement can assess the scene, document the collision in an official report, and coordinate medical assistance if necessary.
- Exchange Details: Collect the names, contact information, insurance details, and vehicle registration information of everyone involved. Obtain contact information from witnesses as well.
- Take Photos: Photograph the accident scene, vehicle damage, license plates, and relevant road signs or signals. This documentation can be important to an insurance claim or lawsuit.
- Consult with an Attorney: If you suffered injuries or liability is disputed, consult a rideshare accident attorney in Charleston. We can explain your legal options, negotiate with insurance providers, and represent you if litigation becomes necessary.
- Report to the Rideshare Company: Report the crash through the required process and preserve the trip information connected to your ride. Don’t speak to Uber, Lyft, or another rideshare company without first consulting your lawyer, including before giving a detailed or recorded statement.
- File a Claim: Rideshare services provide insurance for their drivers, but determining which coverage applies can be complex. We can pursue the appropriate policy based on the circumstances and address delays or disputes as your Lyft accident lawyer in Charleston.
- Lawsuits: If negotiations stall and a fair settlement can’t be reached, filing a lawsuit may become necessary. Litigation can involve a formal complaint, evidence exchange, further negotiations, and a trial. Each stage requires careful preparation for Charleston County courts.
- Resolution: A rideshare case can end in a negotiated settlement or, if necessary, a court judgment. Compensation can address medical treatment, lost wages, pain and suffering, and property damage. We prepare claims around the documented effects of the collision.
The appropriate process depends on the circumstances of the accident, the legal rules that apply, and the policies involved. Seeking legal advice early can preserve evidence, identify available coverage, and prevent avoidable mistakes when dealing with insurers.
South Carolina Rideshare Insurance Coverage
South Carolina’s insurance requirements for Transportation Network Companies, the legal category that includes rideshare businesses, depend on the driver’s app status. Establishing whether the app was off, the driver was available for ride requests, or an accepted trip was underway is central to identifying the applicable coverage.
The required coverage changes across three periods:
- App Off: When the driver isn’t logged on to the rideshare network, the driver’s personal auto insurance applies. South Carolina’s Transportation Network Company coverage requirements aren’t active during this period.
- Logged On and Waiting: When the driver is logged on but hasn’t accepted a ride, South Carolina law requires primary automobile liability coverage of at least $50,000 for death or bodily injury per person, $100,000 per incident, and $50,000 for property damage.
- Prearranged Ride: From the time a driver accepts a ride request through the passenger’s drop-off, South Carolina law requires at least $1 million in primary liability coverage for death, bodily injury, and property damage.
If a driver was logged into the app, most personal auto insurance policies don’t cover commercial rideshare activities. Uninsured motorist coverage is also required while the driver is logged on and during an accepted trip. If the driver’s policy has lapsed or doesn’t provide the required coverage, the Transportation Network Company’s policy must provide the required protection from the first dollar of the claim and assume the duty to defend it.
Types of Compensation After a Rideshare Accident in Charleston
If you’re injured in an Uber or Lyft accident in Charleston, you may be entitled to compensation for several types of losses. We work with you and your treatment providers to document those losses through medical records, bills, employment information, and receipts for injury-related expenses.
Examples of compensation that may be available after a rideshare accident include:
- Medical and rehabilitation costs: Emergency care, medications, follow-up visits, physical therapy, and long-term treatment at Charleston-area facilities such as MUSC Health and Roper Hospital.
- Lost income and benefits: Wages missed during recovery and harm to your future earning capacity.
- Property damage: Repair or replacement of your vehicle, bicycle, phone, and other personal items damaged in the crash.
- Pain, suffering, and emotional harm: Physical discomfort, stress, anxiety, and loss of enjoyment of daily activities.
- Out-of-pocket expenses: Transportation to medical appointments, household help, and other reasonable costs linked to your injuries.
When we evaluate a rideshare accident claim, we look beyond immediate bills to consider how your injuries affect your day-to-day life. We assemble medical evidence and other documentation that shows how the accident changed your routine. The amount recoverable depends on the injuries, available evidence, applicable insurance coverage, and allocation of fault.
Common Causes of Rideshare Accidents in Charleston
Uber and Lyft drivers share Charleston roads with commercial vehicles, local traffic, cyclists, and pedestrians, sometimes while dividing their attention between traffic and the rideshare app. Identifying the cause of a collision is essential to determining responsibility.
Common causes of rideshare collisions include:
- Distracted driving
- Fatigued driving
- Speeding
- Poorly maintained vehicles
- Lack of experience
We examine app records, route choices, traffic conditions, and the conduct of every driver involved. This investigation can show whether distraction, fatigue, policy violations, or unsafe company practices contributed to the crash. We use the evidence to determine how the collision occurred and identify the responsible parties under applicable South Carolina rules.
Common Injuries in Uber & Lyft Accidents
Rideshare collisions can leave riders, pedestrians, cyclists, and other drivers with injuries ranging from minor to life-altering. Vehicle speed alone doesn’t determine the seriousness of an injury, and some symptoms become more apparent after the initial shock subsides.
Rideshare accident injuries can include:
- Soft tissue injuries
- Fractures
- Concussions
- Traumatic brain injuries
- Spinal injuries
- Anxiety
- Depression
We work with treating physicians, physical therapists, and, when appropriate, specialists in fields such as neurology and pain management to document the full scope of your injuries. By showing how your condition affects your ability to work, care for your family, and participate in daily life in Charleston, we can present a clearer account of your losses to an insurer or, if necessary, a jury.
How Our Charleston Trial Team Handles Rideshare Claims
When you come to us after a rideshare accident, we take on the legal work so you can focus on healing. We begin with a detailed consultation and an independent investigation. Because we concentrate on litigation, we prepare each claim with the evidence needed for negotiations and, when necessary, court.
Our investigation can include photographs, police reports, witness interviews, medical records, app data, ride receipts, route information, and communications connected to the trip. We examine every driver’s conduct and determine whether the rideshare driver was logged off, available for a request, traveling to a pickup, or transporting a passenger. That timeline helps us evaluate the driver’s personal insurance, coverage provided through the platform, another motorist’s policy, and any applicable supplemental coverage.
Insurers may dispute the driver’s activity, fault, the cause of an injury, or the amount of a loss. We handle communications so insurers don’t pressure you into unfair statements or low offers. We also manage document requests and requests for statements. If a deposition is required, we prepare you for the questions and explain how the testimony fits into the case.
After gathering the available evidence and documenting damages, we prepare a demand package for the insurer. If a fair offer isn’t made, we can file litigation in the Charleston County Court of Common Pleas and continue developing the case through discovery, depositions, motions, and trial preparation. A negotiated settlement remains possible during litigation, but the final path depends on the evidence and the response from the parties involved.
We accept personal injury cases on a contingency fee basis. You don’t pay attorney fees unless we win on your behalf, and our firm covers litigation costs. We explain the fee arrangement during the consultation so you understand how the case can proceed before deciding whether to hire us.
Who Is Liable in a Rideshare Accident in Charleston?
Liability depends on who caused the collision, what the rideshare driver was doing at the time, and which insurance policies were in effect.
- The Rideshare Driver’s Liability: If the rideshare driver caused the accident, app records and trip information can establish the relevant insurance period and available coverage.
- Another Driver’s Liability: If another driver caused the crash, that driver’s insurance is generally the first source of coverage. If both insurance policies don’t cover all your damages, you may be able to make a claim under your own uninsured or underinsured insurance policy.
- Passenger Involvement: An injured passenger may have claims involving the rideshare driver’s coverage, another driver’s insurance, or the passenger’s own policy. The available options depend on fault, the trip stage, and the terms of each policy.
- Accidents While Waiting for a Ride Request: A driver who’s logged on and awaiting a request is in a different coverage period from one who has accepted a ride. South Carolina requires specific liability limits during this period, but they differ from the $1 million required during a prearranged ride.
After an accident, document everything. Take pictures, collect driver and witness information, preserve the trip receipt, and report the incident to the police and the rideshare company. Seek immediate medical attention even if your injuries aren’t immediately apparent.
Our Uber accident attorneys in Charleston review app records, witness information, police reports, and insurance documents to assess responsibility and determine which coverage applies.
Frequently Asked Questions
Deadlines, denied coverage, and shared fault can each affect a Charleston rideshare accident claim. The answers below address these issues, but the applicable rule depends on the specific facts.
How Long Do I Have to File a Rideshare Accident Claim in Charleston, SC?
In South Carolina, the statute of limitations for most personal injury claims, including rideshare accidents, is generally three years from the date of the injury. Missing the applicable deadline could prevent you from seeking compensation. Claims involving government vehicles, minors, or other special circumstances may follow different rules. Obtaining incident reports and treatment documentation promptly can preserve important evidence. Speaking with a rideshare accident attorney in Charleston early can help identify the deadline that applies to your claim.
What Should I Do If the Rideshare Driver’s Insurance Denies My Claim?
If a rideshare insurer denies your claim, other coverage may still be available. Depending on the circumstances, coverage can come from the driver’s personal policy, Uber or Lyft’s insurance, another motorist’s policy, or your own policy. We can review the stated reason for denial, investigate the driver’s app status, and identify the policies that apply.
Will My Claim Be Impacted If I Was Partly at Fault for the Rideshare Accident?
South Carolina follows a modified comparative negligence rule. You may recover compensation if you were 50% or less responsible, but your damages are reduced by your percentage of fault. If you were 51% or more responsible, you can’t recover damages. Our Charleston Lyft accident attorneys and Uber accident lawyers review accident reports, physical evidence, and witness statements when assessing how fault should be allocated.
Discuss Your Charleston Rideshare Accident with Our Trial Team
The legal team at Pierce, Sloan, Kennedy & Early LLC can investigate the crash, identify available coverage, and handle insurer communications. Contact us for a free consultation today at (843) 968-0886.
