Understanding South Carolina Liability Laws for Uber and Lyft Car Accidents

Rideshare accidents can be confusing. You’re hurt, facing medical bills, and unsure of who’s responsible for paying them. Was it the Uber driver? The other driver? The rideshare company itself? The answer depends on several factors, and the insurance rules differ from those for a typical car accident.

If you were injured in a rideshare accident in Greenville or anywhere in South Carolina, you don’t have to handle it alone. Jordan Law Center offers free consultations, and you don’t pay us unless we win. Call 864-808-1810 to discuss your Uber accident claim with our attorneys.

The Three Phases Of Rideshare Insurance Coverage

The amount of insurance available after a rideshare accident depends entirely on what the driver was doing at the time of the crash. South Carolina law requires TNC (Transportation Network Companies) drivers, or the rideshare company on their behalf, to maintain primary automobile insurance while the driver is logged on the digital network or engaged in a prearranged ride. This creates three distinct coverage phases.

Phase 1: The App Is Off

When an Uber or Lyft driver isn’t logged into the app, they’re just a regular driver. The rideshare company has zero involvement, and its insurance doesn’t apply. Any accident during this phase is covered by the driver’s personal auto insurance, just like any other car accident.

Phase 2: The App Is On, Waiting For A Ride Request

Once the driver logs onto the app and is available to accept rides (but hasn’t picked up a passenger yet), South Carolina law requires a specific level of coverage. The minimum insurance requirements during this phase include primary automobile liability insurance with limits of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $50,000 for property damage.

These limits are significantly lower than what’s available during an active ride, which can be a problem if you suffer serious injuries.

Phase 3: The Driver Is Transporting A Passenger

This is where the highest coverage kicks in. While a TNC driver is engaged in a prearranged ride, the law requires primary automobile liability insurance providing at least $1 million in coverage for death, bodily injury, and property damage. This $1M policy is the one most people think of when they hear about rideshare insurance.

Here’s the critical detail: if insurance maintained by the TNC driver has lapsed or does not provide the required coverage, insurance maintained by the TNC must provide the coverage beginning with the first dollar of a claim and has the duty to defend such a claim.

Who May Be Liable For Your Rideshare Accident

Determining liability in a rideshare accident isn’t always straightforward. Multiple parties could be responsible.

The rideshare driver. If the Uber or Lyft driver caused the accident through negligence (e.g., distracted driving, running a red light, speeding), they bear primary liability. Their personal insurance or the rideshare company’s insurance applies, depending on which phase the driver was in.

Another driver. If a third-party driver caused the crash, that driver’s personal auto insurance is the primary source of compensation. You’d file a claim against them, though the rideshare company’s uninsured/underinsured motorist coverage may also come into play.

The rideshare company’s insurance. Uber and Lyft aren’t typically considered direct employers of their drivers, so holding the company itself liable can be challenging. However, their insurance policies are required by law to cover accidents during Phases 2 and 3, and those policies are often the source of the real compensation.

How To File An Uber Accident Claim Based On Your Role

Your path to compensation depends on how you were involved in the accident.

As A Rideshare Passenger

Passengers are in the strongest position. You weren’t driving, so the fault almost certainly falls on one or more of the drivers involved. You can file a claim against the at-fault driver’s insurance, and if the rideshare driver was actively transporting you, the $1M policy applies. Your rideshare accident lawyer can identify every available insurance policy and pursue the maximum compensation.

As Another Driver Or Pedestrian

If you were hit by an Uber or Lyft driver, your claim depends on which phase the driver was in. Identifying the correct phase (and the correct insurance policy) is one of the biggest challenges in these cases. Your attorney will need to obtain records from the rideshare company showing exactly when the driver was logged on, whether they had accepted a ride, and whether a passenger was in the vehicle.

Need help with a rideshare accident claim? Call 864-808-1810 for a free consultation. Our attorneys at Jordan Law Center handle these cases throughout Greenville and the surrounding South Carolina area.

Challenges Unique To Rideshare Accident Claims

Rideshare accidents are more complicated than standard car accidents for several reasons.

Multiple insurance policies. Three or more insurance policies may be in play: the rideshare driver’s personal policy, the rideshare company’s policy, and the other driver’s policy. Each insurer will try to shift responsibility to the others.

Coverage disputes. South Carolina law allows personal auto insurers to exclude all coverage for losses that occur while a TNC driver is logged on the digital network or providing a prearranged ride. This means the driver’s personal insurer may deny your claim entirely, pointing you toward the rideshare company’s policy instead.

Determining which phase applies. Insurance companies will argue over exactly what the driver was doing at the time of the crash. Was the app on? Had they accepted a ride? Was the passenger already in the car? The difference between phases can mean the difference between $100K in coverage and $1M.

Rideshare companies protecting their interests. Uber and Lyft have legal teams whose job is to minimize what the companies have to pay. They’ll scrutinize every detail to argue that a lower coverage phase applies or that their drivers weren’t at fault.

A rideshare accident lawyer in SC who handles these cases regularly knows how to navigate these disputes, obtain the right records, and hold the correct parties accountable.

Steps To Take After A Rideshare Accident In Greenville

Protect yourself and your claim by taking these steps.

1. Call 911 and receive medical attention. Your health comes first. Even if you feel fine, see a doctor the same day. Some injuries don’t show symptoms right away, and gaps in treatment give insurance companies ammunition to deny your claim.
2. Document everything. Take photos of the vehicles, the scene, your injuries, and any visible damage. Take a screenshot of the ride details in your Uber or Lyft app (driver name, trip information, route).
3. Get the driver’s information. Collect the rideshare driver’s name, license plate, and insurance information. Note whether other vehicles were involved.
4. Don’t give recorded statements. Insurance adjusters may contact you quickly. Don’t provide a recorded statement without speaking to an attorney first.
5. Contact a rideshare accident lawyer. These claims are too complex to handle alone. Call Jordan Law Center at 864-808-1810 for a free consultation.

South Carolina Laws That Affect Your Uber Accident Claim

Two state laws have a direct impact on your rideshare accident case.

Modified comparative negligence. South Carolina uses a modified comparative negligence model with a 51% bar. You can recover compensation as long as you’re less than 51% at fault for the accident. Your compensation is reduced by your percentage of fault. For example, if you’re 20% at fault and your damages total $100,000, you’d recover $80,000. But if you’re found 51% or more at fault, you recover nothing.

Statute of limitations. Under S.C. Code Ann. § 15-3-530, South Carolina gives you three years to file a personal injury lawsuit. That may sound like plenty of time, but building a strong rideshare claim takes months of investigation. Don’t wait.

Talk To Jordan Law Center About Your Rideshare Accident

Rideshare accident claims involve layered insurance policies, coverage disputes, and corporate legal teams working against you. You need attorneys who are eager, hands-on, and confident in litigation.

Jordan Law Center doesn’t just pursue justice. We deliver it. Our personal injury attorneys serve clients in Greenville and the surrounding South Carolina area from our office at 622 Wade Hampton Boulevard.

Call 864-808-1810 today for a free consultation. We work on a contingency fee basis, meaning no fee unless we win. You focus on healing. We’ll handle the rest.