ClickCease

News

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.

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

Contact Us

Recent Posts

Categories

Related Posts