Taking an Uber or Lyft in Greenville, whether heading to the airport, enjoying a night out downtown, or navigating the busy intersection of Church Street and I-385, offers a sense of convenience and safety. You trust the driver and the company to get you to your destination safely. But what happens when that trip ends in a crash?
The legal reality for a rideshare passenger hurt in a collision is very different from a typical car accident. Instead of dealing with just two personal insurance companies, you face a tangled web of commercial policies, state laws, and corporate interests.
At Hammack Law Firm, our rideshare accident lawyers see firsthand how confusing this can be for people who only want to focus on their physical recovery. We believe in providing compassionate legal representation and clear information so you understand the path forward.
The Complicated Insurance Hierarchy in South Carolina
In South Carolina, a personal injury claim must first identify the at-fault driver because we are an “at-fault” state. Once you establish fault, the responsible driver’s insurance pays for your damages. For a rideshare accident, this process involves navigating three distinct insurance possibilities depending on the driver’s status at the time of the crash.
Phase 1: Driver’s Personal Insurance
If the rideshare driver is off-duty and the app is off, their personal auto insurance applies, subject to South Carolina’s minimum requirements. Determining fault in Phase 1 is the least complex scenario, but often the coverage limits, like the minimum $25,000 for bodily injury per person, are not enough to cover serious injuries.
Phase 2: App Is On, No Passenger Yet
The situation changes the moment the driver logs into the rideshare app and waits for a request. South Carolina law, under S.C. Code § 58-23-1625, recognizes that the driver is now using their vehicle for commercial purposes. During this “available” period, the rideshare company’s contingent insurance policy provides coverage if the driver’s personal insurance denies the claim or if their limits are insufficient.
The minimum coverage required by the state during this phase is higher than a personal policy: at least $50,000 for bodily injury per person and $100,000 per accident.
Phase 3: Active Ride, Pickup Through Drop-off
Phase 3 is the most secure phase for a passenger. From the moment the driver accepts your ride request until you are dropped off, the rideshare company’s primary commercial insurance policy activates. This policy typically provides at least $1 million in liability coverage for bodily injury, death, and property damage.
As a rideshare passenger, you are covered by this million-dollar policy, whether your driver or another driver caused the crash. The challenge is making sure the evidence, like the driver’s phone logs and company data, proves the active ride status at the exact moment of the collision on a busy road like Laurens Road.
The Unique Challenge: Identifying the Liable Party
In a standard collision near the Bon Secours Wellness Arena, the police report clearly names the two drivers involved. In a rideshare case, we have to consider several different parties who might share the fault:
For example, did your driver cause the accident by speeding or distracted driving, perhaps checking the app? Other issues that must be examined include determining did a third-party driver, not affiliated with the rideshare service, run a red light and hit your vehicle? Although rare, an experienced lawyer will also assess whether the rideshare company could face liability if there are issues related to their technology or driver retention policies.
Understanding South Carolina’s Modified Comparative Negligence
South Carolina follows a modified comparative negligence rule. This law states that an injured party can recover damages only if their fault in causing the accident is 50% or less. If a jury finds you were 51% or more at fault, you cannot recover any compensation. If you were 25% at fault, your total award is reduced by that 25%.
As a rideshare passenger, you typically have zero fault in the crash. You were simply a fare-paying customer, not operating the vehicle. This factor is a significant advantage in a South Carolina personal injury case because a percentage of fault does not reduce your ability to recover damages. Your claim focuses squarely on proving the negligence of the driver(s) who caused your injury.
Navigating the Greenville Court System and Deadlines
After a serious injury in Greenville, the sheer thought of a lawsuit can feel overwhelming. Our law firm handles the process through the Court of Common Pleas, which is South Carolina’s trial court for civil cases, including personal injury claims.
Timing is always important, especially when dealing with complex corporate policies. South Carolina has a three-year Statute of Limitations for most personal injury lawsuits, as outlined in S.C. Code Ann. § 15-3-530. Under this law, you must file a lawsuit within three years from the date of the accident, or you lose the right to pursue a claim entirely.
Why Experience with Rideshare Cases Matters
When you pursue a claim against a major rideshare company’s insurance policy, you are not dealing with a simple local agent. You are dealing with large corporate entities and their legal teams, who work to minimize payouts. Rideshare companies and their legal practices are sophisticated, and their insurance policies are written to protect their business, not necessarily you, the passenger.
These companies may challenge the driver’s status at the time of the crash, the severity of your injuries, or the allocation of fault among the drivers. Because the insurance coverage changes so drastically between Phase 2 and Phase 3, the difference between a $100,000 policy and a $1 million policy often hinges on proving one specific detail: the precise moment of the crash.
Our well-qualified attorneys know how to gather the necessary data from the rideshare app, secure accident reports, and use that evidence to lock in the highest possible coverage for your injuries. Our legal professionals approach every case with the knowledge and dedication required to hold powerful companies accountable.
If a rideshare accident interrupted your life in Greenville, we want to help you rebuild. Our focus is on providing you with compassionate legal representation and support. We work diligently to ensure your family’s legal matter is resolved quickly and efficiently, so you can receive the care and compensation you deserve.
Do not try to negotiate with a multi-million dollar insurance company alone.
Call the Hammack Law Firm today at 864-766-7108 for a free consultation. Let us put our experience to work for you.
