Yes, you can sue Uber or Lyft after an accident, but not in every situation. In most cases, your claim will be against the Uber or Lyft driver, not the rideshare company itself. That said, both Uber and Lyft carry large insurance policies that may cover your injuries if their driver was at fault. In South Carolina, whether you can sue the company or access their insurance depends on the details of the crash.
When Uber or Lyft Can Be Held Liable
Uber and Lyft treat their drivers as independent contractors, not employees. This makes it harder to sue the company directly. Still, there are times when their insurance may apply:
- Driver Had the App Off
If the driver wasn’t logged into the rideshare app, Uber or Lyft’s insurance won’t apply. The crash is treated like any other accident. You’d file a claim against the driver’s personal auto insurance. - Driver Logged In, Waiting for a Ride
If the driver was logged into the app but had not accepted a trip, Uber and Lyft provide limited liability coverage. In South Carolina, this usually means up to $50,000 per person injured, $100,000 per accident, and $25,000 for property damage. - Driver Accepted a Ride or Had a Passenger
Once a driver accepts a ride, or has a passenger in the car, Uber and Lyft provide up to $1 million in liability coverage. This is where most injured passengers or other drivers can pursue compensation through the rideshare company’s policy.
Who Can File a Claim?
You may be able to file a claim if:
- You were a passenger in an Uber or Lyft.
- You were in another car hit by an Uber or Lyft driver.
- You were a pedestrian or bicyclist struck by a rideshare driver.
In each case, the key factor is whether the driver was “on the app” and what stage of a ride they were in. That detail decides which insurance policy applies.
Why These Cases Are Complicated
Rideshare crashes aren’t as simple as a normal car accident. Multiple insurance companies may argue over who should pay. The driver’s insurer may point to Uber or Lyft’s coverage. The rideshare company may argue their driver was not “active” in the app. Victims often get caught in the middle. That’s why it’s critical to have an attorney who knows how to push back against these delays and tactics.
What Damages Can You Recover?
If you were injured, you may be able to recover money for:
- Medical bills
- Lost wages
- Pain and suffering
- Vehicle damage
In cases of serious injury, the value of your claim may be much higher than the first settlement offer you receive from an insurer.
South Carolina Law and Deadlines
In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. Waiting too long can bar your claim. Insurance companies count on victims missing these deadlines, so it’s important to act quickly.
Talk to a South Carolina Rideshare Accident Lawyer
If you were hurt in an accident involving Uber or Lyft in South Carolina, you don’t have to fight the insurance companies alone. Our team knows how to handle rideshare cases and fight for the compensation you deserve.
Contact Bill Green Law Firm today for a free case review. We’ll answer your questions, explain your options, and help you take the next step toward recovery.
Disclaimer – This blog is for general information only. It’s not legal advice. Every case is different. If you’ve been in a wreck, speak with a licensed attorney in South Carolina to get advice for your specific situation