A rideshare accident in Upstate South Carolina can present a complex web of legal and insurance considerations. As rideshare services like Uber and Lyft have become increasingly prevalent, understanding your rights in the event of an accident is even more important.
You need to know your rights following a rideshare accident in Greenville and throughout South Carolina. It’s important to make informed actions and seek legal guidance from a South Carolina rideshare accident lawyer.
Understanding the South Carolina Rideshare Accident Laws
To understand your rights after a rideshare auto accident, you first need to know which South Carolina laws apply to Uber and Lyft.
What Is an “At-Fault” Car Insurance System in South Carolina?
South Carolina operates under an “at-fault” insurance system. This means that the party deemed responsible for the accident is liable for the resulting damages. This principle is fundamental to understanding your rights in a rideshare accident.
Rideshare Uber and Lyft Drivers are Not Employees
One important aspect is the classification of rideshare drivers as independent contractors. They are not employees. This designation significantly impacts liability.
When Does Uber or Lyft Insurance Cover My Accident?
While Uber and Lyft provide insurance coverage, the extent of this coverage varies depending on the driver’s status at the time of the accident.
If the Uber or Lyft App is off, the driver’s personal auto insurance policy applies. If the app is on, but they have not yet accepted a ride, a different level of coverage applies through the company’s insurance.
When the driver is en route to pick up a passenger or has a passenger in the vehicle, the rideshare company’s higher-tier insurance coverage takes effect.
Actions You Should Take After a Rideshare Accident to Protect Your Rights
In the immediate aftermath of a rideshare accident, several important actions can ensure your rights are protected.
Prioritize Medical Attention
You should seek immediate medical treatment, even if you think your injuries are minor. You can go to the emergency room or trauma center via ambulance or have someone else drive you. Don’t forget to go to urgent care or your primary care doctor as well. Some injuries may develop days or weeks later.
Gather Evidence & Information
Documentation of your rideshare accident is essential. The more information you have to prove your claim, the more compensation you will get.
Obtain contact and insurance information from all involved parties, including the rideshare driver and any other drivers involved. Also, get contact information from any witnesses.
Document the accident scene with photographs and videos, capturing all relevant details. Secure a copy of the police report once it is released.
Report the Accident Promptly
Report the accident to Uber or Lyft through their respective apps. You should also notify your personal auto insurance company. Both of these companies have deadlines for reporting an accident, so make sure you do so as early as possible.
Seek Legal Counsel
Consulting a personal injury attorney experienced in rideshare accidents is highly advisable. An attorney can:
- Explain your rights and options
- Navigate the complexities of insurance claims
- Negotiate with insurance companies on your behalf
- Pursue legal action if necessary
Your Right to Compensation After a Rideshare Accident
Navigating a rideshare accident in Upstate South Carolina can be complex, but you may have rights to compensation. You may pursue claims against the rideshare company, the driver’s personal insurance, or other involved parties.
Here are types of compensation you may be entitled to recover:
- Medical Expenses: Including past and future medical bills and rehabilitation costs
- Lost Wages: Compensation for time missed from work, as well as loss of future earning capacity.
- Pain and Suffering: Compensation for physical and emotional distress
- Property Damage: Repair or replacement of damaged property, including a laptop, purse, or cell phone
- Other damages: This may include loss of enjoyment of life, loss of consortium, and more
How Does Comparative Negligence Affect My Compensation Rights in Upstate South Carolina?
In South Carolina, the concept of comparative negligence significantly impacts your compensation rights following a car accident with Uber or Lyft.
South Carolina follows a “modified comparative negligence” system. This means you can still recover damages even if you were partially at fault for the accident. However, there’s a limit. You cannot recover damages if you are found to be 51% or more at fault.
If you are found to be less than 51% at fault, your compensation will be reduced proportionally to your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you will receive $80,000.
Keep in mind that insurance companies and opposing parties may try to argue that you were partially at fault to reduce their liability. Therefore, it’s essential to gather strong evidence to prove the other party’s negligence. Having a lawyer in Upstate South Carolina is highly recommended to protect your rights.
Contact a South Carolina Rideshare Accident Attorney for Help
Rideshare auto accident claims can be particularly challenging due to the involvement of multiple insurance policies and the independent contractor status of drivers. Seeking professional legal assistance is necessary.
If you are in a rideshare accident in Upstate South Carolina, your rights are protected by state law and rideshare company policies. By taking prompt action, gathering thorough documentation, and seeking legal counsel, you can protect your interests and pursue the compensation you deserve.
Attorney Venus Poe has a track record of success helping Uber and Lyft riders get the money they need after a crash. Contact us today for a free consultation of your case.