South Carolina Uber Accident Lawyer

Over the past several years, Uber and other rideshare services have exploded in popularity in South Carolina. While Uber is a convenient way to travel, it can be confusing to figure out what to do if your Uber driver causes an accident and you get hurt.

Like all car accidents, compensation for any injuries usually comes through the at-fault driver’s insurance company. But with Uber accidents, liability issues become more complicated. Whose insurance applies — your driver’s, or Uber’s? Stewart Law Offices can answer your questions and help you pursue compensation after an Uber accident in South Carolina.

Our law firm provides compassionate and comprehensive legal services to accident victims in both Carolinas. We have the knowledge, skills, and resources needed to build solid claims for compensation for Uber accident victims. You won’t feel alone with a South Carolina car accident lawyer from Stewart Law Offices by your side.

To learn more, call or contact us today to arrange a free consultation.

Can I Sue Uber for an Accident in South Carolina?

Anyone who is injured in an accident caused by an Uber driver could be able to file a claim against Uber. Possible claimants may include other drivers involved in collisions with Uber drivers, passengers of other vehicles struck by Uber drivers, passengers in Uber vehicles, and various other pedestrians, bicyclists, and other parties who could be involved in a crash.

Uber may argue that it is only liable when a driver is logged into the company’s digital network. In all other cases, a driver’s insurance policy may be the only coverage applicable to an accident.

Uber requires drivers to be of legal driving age and have a valid driver’s license, a four-door automobile, and at least one year of driving experience (or three years of experience if they are under 23 years of age). Uber also requires submission to criminal and driving background checks, as well as proof of insurance.

The victims of Uber crashes typically include other drivers and passengers in the vehicles involved. Some collisions can involve multiple cars.

In many cases, Uber will initially argue that the driver was not logged into the company network. In other cases, the company may try to claim that the driver was an “independent contractor,” and attempt to use that as an excuse to evade liability.

Uber may be more adversarial with claims filed by occupants of other motor vehicles, but the company may express a willingness to compensate its injured passengers. You should immediately question any settlement offer you might receive immediately after an Uber crash, as it is likely far short of what you are entitled to.

Under South Carolina Code § 15-3-530, a person has three years to file an Uber injury lawsuit. Wrongful death lawsuits are also subject to a three-year statute of limitations, but the cause of action is the date of a person’s death instead of the date of the accident.

Uber Insurance Policy

Uber requires all of its drivers to carry their own auto insurance. The company also has its own insurance policy in case an Uber driver is at fault for a crash. Determining which policy kicks in depends on the driver’s status at the time of the Uber accident.

• Not logged in: If the driver is not logged into the Uber app at the time of the crash, his/her own car insurance is responsible for covering any injuries, up to the policy limits. In South Carolina, the minimum required liability coverage is $25,000 per person for bodily injury and $50,000 for all persons involved in one accident.
• Logged on, waiting for fare: Uber drivers who are logged into the app and waiting for a rider can receive partial coverage from Uber’s insurance policy if a crash occurs. In these cases, Uber provides up to $50,000 for injuries but only pays what the driver’s personal auto insurance won’t cover.
• Picking Up or Transporting Passenger — Uber has a $1 million liability and $1 million uninsured policy when drivers are actively involved in transportation services.

Common Causes of Uber Accidents

The specific causes of Uber accidents can play essential roles in possible company liability as well. Uber may try to claim that a driver who was operating under the influence of drugs or alcohol was violating a company policy. Some of the other possible causes of Uber accidents could include reckless driving, distracted driving, driver fatigue, or violations of other traffic laws.

Not all Uber accidents necessarily involve motor vehicle accidents. In April 2018, CNN reported that an investigation found 103 Uber drivers had been accused of sexually assaulting or abusing their passengers in the past four years.

The following month, Uber announced it was scrapping mandatory arbitration to settle sexual harassment or assault claims. In November 2018, Uber released a report outlining how it would categorize sexual misconduct, sexual assault, and rape claims against drivers in an attempt to be more transparent. An Uber spokesperson said the company had not yet concluded what information would be included in the report.

All people injured in an incident involving an Uber driver will want to make sure they have legal representation. A lawyer will be able to help you navigate the various issues that arise in resolving these claims.

Steps to Take After an Uber Accident

The moments after an Uber crash can be disorienting. If you’re able, there are several things you can do to protect your legal rights.

• Check for injuries: If anyone is hurt, call for emergency help right away.
• Seek medical treatment: Even if you don’t feel hurt, it’s important to get checked by a doctor. Some injuries aren’t immediately apparent. Getting timely medical care will strengthen your Uber accident claim by showing that you did everything possible to minimize the severity of your injuries.
• Gather evidence: Take photos of the accident scene and your injuries. Include a screenshot of the Uber app to show the details of your ride. You should also obtain the insurance information of everyone involved, as well as contact information for any witnesses.
• Report the accident to Uber: This can be done in the app or by phone.

How Our Law Firm Can Help After an Uber Accident

Stewart Law Offices is prepared to immediately launch an independent investigation of your Uber crash to collect evidence quickly. Our firm can gain access to essential company records when there are disputes about whether a driver was on the clock.

Our lawyers are familiar with the tactics that rideshare companies attempt to use when they face accident claims. Stewart Law Offices is ready to fight to help you pursue all of the compensation you are entitled to.

If you sustained catastrophic injuries or your loved was one killed in an Uber crash in South Carolina, do not try to handle your injury claim on your own. Get help from an attorney who has experience with complex car accident claims.

Stewart Law Offices has offices located throughout the Carolinas. You can have our lawyers review your case when you call us or contact us online to receive a free consultation.