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Suing Uber or Lyft After an Accident in Mt. Pleasant

If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is crucial to work with an experienced attorney familiar with rideshare accident claims.

Why It’s Difficult to Sue Uber or Lyft Directly

One of the key challenges in rideshare accident cases is that Uber and Lyft typically cannot be sued directly for most accidents involving their drivers. These companies classify their drivers as independent contractors, not employees. By doing so, Uber and Lyft are generally not responsible for the drivers’ negligence, and they are not required to provide workers’ compensation or other employment protections.

If you are injured as a passenger, your primary legal remedy is usually against the driver. The driver owes you a duty of care to operate the vehicle safely and reasonably under the circumstances.

Legal Remedies Are Still Available

Even though suing the company directly is often not possible, you still have multiple avenues to recover compensation:

  1. Rideshare Insurance Coverage: South Carolina law requires Uber and Lyft to carry corporate insurance policies covering their drivers during rideshare trips. Depending on the circumstances, this coverage can provide up to $1 million per accident for injuries and property damage.
  2. Driver’s Personal Insurance: Some drivers maintain additional personal insurance policies to protect themselves, which may also be available to cover your damages.
  3. Your Own Insurance: In cases where company or driver coverage is insufficient, your own auto insurance may provide additional compensation.

Because multiple insurance policies may be involved, and insurance companies often try to minimize payouts, having an experienced car accident lawyer is essential. Your attorney can negotiate effectively, gather evidence, and fight for the full compensation you deserve.

Can You Ever Sue Uber or Lyft Directly?

There are limited circumstances where suing Uber or Lyft directly may be possible, such as claims of negligent hiring, supervision, or retention.

  • Negligent Hiring: Uber and Lyft are required to conduct background checks on all drivers. If they fail to properly screen a driver who has a history of unsafe driving or criminal behavior, and that driver causes an accident, the company may be held partially liable.
  • Negligent Retention: If Uber or Lyft allows a driver with a known history of safety violations to continue working, the company may be responsible for failing to remove a dangerous driver from their platform.

While these cases are rare, they demonstrate that rideshare companies do have legal obligations regarding the drivers they allow on the road.

Why You Need an Experienced Mt. Pleasant Uber and Lyft Accident Lawyer

Rideshare accident claims involve unique legal challenges, including multiple insurance policies, corporate liability questions, and a detailed investigation of the driver’s background and trip data. An experienced attorney can:

  • Determine which insurance policies apply to your accident.
  • Collect evidence from the driver, the company, and any third parties.
  • Evaluate the full extent of your injuries and damages.
  • Negotiate with insurance companies to maximize your compensation.
  • Take your case to court if a fair settlement cannot be reached.

Working with a knowledgeable lawyer ensures that you do not miss deadlines or fail to preserve crucial evidence.

Frequently Asked Questions (FAQs)

Can I sue Uber or Lyft if I am injured as a passenger?
In most cases, you cannot sue Uber or Lyft directly. Your primary claim is usually against the driver, though limited circumstances—like negligent hiring or retention—may allow a direct claim against the company.

How much insurance coverage is available for Uber or Lyft accidents?
South Carolina law requires corporate insurance coverage, which can provide up to $1 million per accident when the driver is actively engaged in rideshare activity. Additional personal insurance held by the driver or your own coverage may also apply.

What should I do immediately after an Uber or Lyft accident?
Seek medical attention, document the accident, preserve any evidence (photos, trip records), and report the accident to the rideshare company. Contact an experienced attorney as soon as possible to protect your legal rights.

How long do I have to file a claim after a rideshare accident in South Carolina?
The statute of limitations for personal injury claims in South Carolina is generally three years from the date of the accident. Filing within this timeframe is crucial to preserving your rights.

Contact the Mt. Pleasant Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you have been injured in a rideshare accident, the Mt. Pleasant Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC are ready to help. Call us today at 843-727-6500 or contact us online to schedule your free consultation and protect your rights after a rideshare accident. We are located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina.

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How can we help? Fill out the form for a free case review.

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What to Do Immediately After a Rideshare Accident in Mt. Pleasant

Ridesharing has become a convenient way to get around Mt. Pleasant, but accidents involving Uber and Lyft drivers can still happen. If you are a passenger, driver, or even a pedestrian involved in a rideshare accident, it’s essential to know what steps to take immediately. Acting quickly and correctly can protect your health, your legal rights, and your ability to pursue compensation if you are injured.

At Rogers, Patrick, Westbrook & Brickman LLC, we help victims of Uber and Lyft accidents navigate the complex legal and insurance issues that often arise. Here is a step-by-step guide on what to do immediately after a rideshare accident in Mt. Pleasant.

  1. Ensure Safety First

The first priority after any accident is safety. Move to a safe location if possible, but do not leave the scene. Turn on hazard lights and check yourself and others for injuries. If anyone is seriously injured, call 911 immediately. Even minor injuries should be assessed by a medical professional, as some symptoms may not appear until hours or days later.

  1. Call Emergency Services

Always report the accident to the police. A police report is a critical piece of evidence for insurance claims and potential lawsuits. Provide accurate information about the accident without admitting fault. Police officers will document the scene, collect witness statements, and file an official report, which can help protect your rights later.

  1. Document the Scene

Thorough documentation can make a big difference in a rideshare accident claim. Be sure to:

  • Take photos and videos of the vehicles, damage, skid marks, and road conditions.
  • Capture injuries, even minor ones, as evidence for insurance and medical purposes.
  • Gather the names and contact information of everyone involved, including the rideshare driver and passengers, as well as witnesses.
  • Note the time, location, and weather conditions.

These details are invaluable when filing an insurance claim or pursuing legal action.

  1. Exchange Information

Make sure to exchange essential information with the rideshare driver and any other parties involved. This includes:

  • Name and contact information
  • Insurance information
  • Vehicle make, model, and license plate number

For rideshare drivers, you can also obtain the driver’s license number and the rideshare app’s incident report information. Avoid discussing fault or admitting responsibility at the scene.

  1. Seek Medical Attention

Even if you feel fine immediately after the accident, it is crucial to see a doctor. Injuries like whiplash, concussions, or internal trauma may not be immediately apparent. Medical records serve as essential documentation for your case and help establish the severity of your injuries.

  1. Notify the Rideshare Company

Report the accident to Uber or Lyft as soon as possible through the app or customer service. Provide accurate information about the accident and any injuries. These companies typically have insurance policies that may cover medical expenses and other damages, but handling these claims correctly is critical.

  1. Contact an Experienced Mt. Pleasant Rideshare Accident Lawyer

Rideshare accidents can involve complicated insurance issues, including coverage from the driver’s personal policy, the rideshare company, and sometimes third-party drivers. At Rogers, Patrick, Westbrook & Brickman LLC, we:

  • Evaluate your claim and identify all potentially liable parties.
  • Communicate with insurance companies on your behalf.
  • Help you pursue maximum compensation for medical expenses, lost wages, pain and suffering, and future care.
  • Guide you through every step of the legal process with experience and compassion.

Early legal intervention can prevent mistakes that may limit your compensation or affect the outcome of your case.

  1. Keep Records and Follow Up

Maintain organized records of:

  • Medical bills and treatment reports
  • Correspondence with insurance companies
  • Photographs and videos of the accident and injuries
  • Any lost wage documentation

These records strengthen your case and ensure that your claim accurately reflects the full impact of the accident on your life.

Contact Our Mt. Pleasant Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you or a loved one has been injured in a rideshare accident, Rogers, Patrick, Westbrook & Brickman LLC is here to help. Our experienced Mt. Pleasant Uber and Lyft accident lawyers understand the complexities of rideshare accidents. Call us at 843-727-6500 or complete our online form for a free consultation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina.

Our Experienced Lawyers

How can we help? Fill out the form for a free case review.

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