Rideshare accident liability in South Carolina falls under statewide “at-fault” laws. This means a driver, or another party, who is negligent may be liable for the accident and responsible for paying damages. Our Greenville Rideshare Accident Lawyer explains liability in these accidents.
Who Can Be Held Liable in a Rideshare Accident
Any party who causes a rideshare accident may be held liable. Negligence or other conduct may make them at fault. Parties who may be liable include:
- The rideshare driver
- Other drivers
- Pedestrian
- Vehicle manufacturer
- Government body responsible for road maintenance
- Rideshare company
Determining Fault in a Rideshare Accident
The most common basis for liability in a rideshare accident is negligence. That is, a party didn’t use enough care or caution and created an unreasonable risk of harm. To be liable, the party’s negligence must be the cause of the accident.
Understanding Rideshare Accident Liability in South Carolina
- South Carolina is an at-fault state for car accidents. The party that causes a car accident is liable to pay compensation.
- Comparative negligence may apply. Multiple parties may be at fault. A party with some fault may still collect compensation.
- All drivers—rideshare and not—must have liability insurance. Usually, car accident liability is satisfied through insurance. The parties sort out fault and determine damages. The insurance companies then pay their respective liability compensation.
When an accident involves a rideshare driver, one thing is the same—fault is the basis for determining liability. The rideshare driver, another driver, or someone else may be at fault. Negligence is determined relative to the specific events surrounding the accident.
Despite the similarities, there are some ways that rideshare accidents in South Carolina are different when it comes to determining fault.
- Rideshare drivers must have special insurance that covers their rideshare activities.
- This required insurance is for higher amounts than what private, individual drivers are required to have.
- Once liability is determined, the next question is what insurance applies. It depends on the driver’s status—not logged into the app, logged in but not giving a ride, or actively giving a ride.
- The rideshare companies—Uber and Lyft—advertise that they have large insurance policies to pay compensation. These policies cover bodily injury and property damage. Uber and Lyft may also provide underinsurance coverage.
- Collecting compensation is often a two-step process of determining liability and what the insurance company should pay.
Uber and Lyft Liability: Who is Responsible for Damages?
- South Carolina uses an at-fault system for all car accidents. This system applies to accidents involving rideshare vehicles.
- Rideshare drivers are required to have insurance to pay compensation if they are at fault in an accident.
- Rideshare drivers must have additional insurance beyond what all drivers are required to have. However, the liability to pay is still based on accident fault.
- Determining damages can be a complex investigation of fault, insurance policies, underinsured/uninsured coverage, policy limits, and from whom to collect first.
Liability depends on who is at fault, the status of the driver at the time of the accident, and damages.
Rideshare Insurance Policies and Limits
South Carolina law mandates that rideshare drivers have minimum insurance coverage. These laws address types of coverage and minimum amounts.
When logged in, but not given a ride
When the driver is logged in but not giving a ride, they must have at least:
- $50,000 death and bodily injury per person
- $100,000 death and bodily injury per incident
- $50,000 property damage
Drivers must also have underinsured motorist coverage that meets the requirements of S.C. Code § 38-77-150.
While giving a ride
While the driver is giving a ride, they must have $1 million in liability insurance for death, bodily injury, and property damage.
They must also have underinsured motorist coverage required by § 38-77-150.
Investigating liability—duty of the rideshare company to provide information
The rideshare company must cooperate to exchange relevant information with interested parties. They must disclose when the driver was logged on or off 12 hours before and after the accident. They must also disclose their insurance coverage, exclusions, and limits (§ 58-23-1625(D)).
The driver must carry proof of rideshare insurance while using their vehicle for rideshare activities and must tell law enforcement if they were logged in or giving a ride at the time of the accident.
Uber and Lyft—Rideshare Laws in South Carolina
Under South Carolina law, rideshare companies like Uber and Lyft are referred to in the law as Transportation Network Companies. The law regulating TNCs is S.C. Code § 58-23-1610.
Transportation Network Companies must register with the state.
Insurance companies may offer car insurance that excludes rideshare services. However, rideshare drivers must have insurance that covers rideshare activities. If coverage is excluded, the insurer has no obligation to defend or indemnify a claim involving rideshare activity.
Uber and Lyft rideshare company driving rules.
In South Carolina, the rideshare company is required to ensure a driver’s qualifications, including reviewing their driving history and criminal record. They must inspect the rideshare vehicle at set intervals.
How a Rideshare Accident Lawyer Can Help
A rideshare accident lawyer can:
- Preserve evidence that proves fault for the accident
- Report the accident to Uber or Lyft
- Explore all grounds for liability, including parties beyond the rideshare driver
- Evaluate insurance policies, coverage, and limits
- Sort out who should pay first when there are multiple insurance policies or when damages exceed limits
- Check for uninsured or underinsured coverage that may apply
- Gather evidence of damages
- Negotiate your compensation
- Answer your questions and guide you through the process
Talk to a Lawyer About Rideshare Accident Liability
Are you wondering who is liable for your rideshare accident in South Carolina? Talk to a lawyer at Jordan Law Center.
Contact us now!
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