At Connell Law Firm, we are a family-run practice based in Lugoff, South Carolina, committed to delivering justice for our clients since 1993. With decades of combined legal experience, our attorneys focus on personal injury, criminal defense, and civil litigation. We represent individuals harmed by the negligence of others, as well as clients facing criminal charges or involved in business disputes.
Rideshare services like Uber and Lyft have changed how people travel across South Carolina, but accidents involving these vehicles raise serious insurance questions. When an accident occurs and there is an uninsured driver involved, the path to financial recovery becomes more complicated. Victims may face unpaid medical bills, property damage, and lost wages with no clear source of compensation.
In this blog, we explain how insurance applies in rideshare accidents involving uninsured drivers, what coverage options exist under South Carolina law, and why working with an experienced Lugoff rideshare accident attorney can help you pursue full compensation.
Understanding the Role of Insurance in Rideshare Accidents
Insurance plays a central role in determining who pays for injuries and property damage after a rideshare accident. Understanding how insurance coverage applies is key to protecting your rights.
What Is a Rideshare Accident?
A rideshare accident involves a vehicle operating under a rideshare company, such as Uber or Lyft. These accidents may include passengers, rideshare drivers, other drivers, or pedestrians. The vehicles involved are typically personal cars used for commercial purposes while the app is active.
South Carolina Insurance Requirements
South Carolina law requires all drivers to carry minimum liability insurance. Under S.C. Code Ann. § 38-77-140, the required coverage includes:
- $25,000 for bodily injury per person
- $50,000 for total bodily injury per accident
- $25,000 for property damage
In addition, South Carolina drivers must carry uninsured motorist coverage. This protects against losses when the at fault driver has no insurance.
Rideshare Insurance Tiers
Rideshare companies provide different levels of coverage depending on the driver’s status in the app:
- App Off: The driver’s personal auto insurance policy applies. The rideshare company provides no coverage.
- App On, No Ride Accepted: Limited liability insurance from the rideshare company may apply, often up to $50,000 per person and $100,000 per accident for injuries.
- Ride Accepted or Passenger in Vehicle: The rideshare company provides up to $1 million in liability insurance coverage.
These insurance tiers create coverage gaps, especially when the rideshare driver is at fault and the app is off.
Personal Auto Insurance vs. Rideshare Insurance
Many personal automobile insurance policies exclude coverage during commercial activity. If the rideshare driver is uninsured or underinsured during the ride, victims must often rely on their own uninsured motorist coverage or underinsured coverage.
The Problem of Uninsured and Underinsured Drivers in Rideshare Crashes
Uninsured and underinsured drivers present a serious risk in rideshare accidents, often leaving victims without enough coverage to pay for injuries, lost wages, and property damage.
Who Is the Uninsured Driver?
An uninsured driver is someone operating a vehicle without valid auto insurance coverage at the time of the accident. In rideshare crashes, this can include the rideshare driver, a third-party at fault driver, or a driver in a hit-and-run. If the at fault party has no liability insurance, financial recovery becomes more difficult.
Why Coverage Gaps Occur
Coverage gaps happen when there is a mismatch between the type of driving and the insurance policy in place. If a rideshare driver is offline, their personal automobile insurance applies. Many personal insurance companies exclude coverage while the vehicle is used for commercial purposes.
When the driver is online but has not accepted a ride, the rideshare company may offer only limited liability coverage. This may not be enough if multiple passengers or vehicles are involved.
Underinsured Motorist Risk
Some drivers have liability insurance that meets South Carolina law but is not enough to cover serious injuries or major property damage. If the at fault driver’s policy limits are too low, victims may turn to their own underinsured motorist coverage for help.
This situation often happens in high-cost accidents involving medical expenses, bodily injury, and long-term care. Without enough insurance coverage, victims may struggle to pay medical bills or recover lost wages.
Identifying Who Pays
Determining who pays depends on which insurance policies are active at the time the accident occurred. Victims may have to file claims with several insurance companies. A rideshare accident attorney can help identify all available insurance coverage and pursue compensation from the right sources.
What Happens If the At-Fault Driver Is Uninsured?
When the at-fault driver in a rideshare accident is uninsured, victims must rely on other forms of insurance to cover their losses.
Uninsured Motorist Coverage in South Carolina
South Carolina requires all auto insurance policies to include uninsured motorist coverage. This protection applies when the at-fault driver has no liability insurance. This coverage helps pay for medical expenses, property damage, and bodily injury caused by an uninsured driver.
If you were a passenger in a rideshare vehicle during the crash, this coverage may apply through your own auto insurance or the policy held by the rideshare company.
Using Underinsured Motorist Coverage
If the at-fault driver has insurance but it does not meet your full costs, underinsured motorist coverage may help. This coverage is optional in South Carolina but often recommended. It applies when the other driver’s policy limits are too low to cover your medical bills, lost wages, or financial losses.
If you have underinsured coverage, you can file a claim with your own insurance company after the other driver’s coverage is used.
Filing a Claim After an Uninsured Driver Crash
After any car accident involving an uninsured driver, get a police report, take photos, and collect contact information from everyone involved. Notify your insurance agent and request details about your motorist coverage.
How a Rideshare Accident Lawyer Can Help
A rideshare accident lawyer can help you understand your rights and options after a crash involving an uninsured or underinsured driver.
Reviewing Insurance Coverage
A rideshare accident attorney can examine all relevant insurance policies, including those of the rideshare company and any personal auto insurance, to determine available coverage. This includes assessing uninsured and underinsured motorist coverage that may apply to your situation.
Gathering Evidence
An attorney can collect and organize evidence such as police reports, medical records, and witness statements to support your claim. This documentation is crucial for establishing liability and the extent of your injuries and damages.
Negotiating with Insurance Companies
Insurance companies may attempt to minimize payouts. A rideshare accident lawyer can negotiate on your behalf to seek fair compensation for medical expenses, lost wages, and other damages resulting from the accident.
Representing You in Court
If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court. They will present your case, aiming to secure the compensation you deserve under South Carolina law.
Connell Law Firm’s Experience
Connell Law Firm, based in Lugoff, South Carolina, has over 25 years of experience handling personal injury cases, including those involving rideshare accidents. Our attorneys are equipped to assist clients in navigating the legal process and pursuing appropriate compensation.
Contact an Experienced Lugoff Rideshare Accident Lawyer Today!
If you’ve been injured in a rideshare accident involving an uninsured driver, reach out to our team at Connell Law Firm. Our experienced Lugoff rideshare accident attorneys are ready to review your case, explain your coverage options, and fight for the compensation you deserve.
Contact us at [phone] for a free case consultation today!