{"id":14494,"date":"2022-02-18T00:27:11","date_gmt":"2022-02-18T05:27:11","guid":{"rendered":"https:\/\/www.sinklaw.com\/?page_id=14494"},"modified":"2024-01-18T12:48:04","modified_gmt":"2024-01-18T17:48:04","slug":"can-you-sue-uber-if-you-get-in-rideshare-accident-in-sc","status":"publish","type":"page","link":"https:\/\/www.sinklaw.com\/faqs\/can-you-sue-uber-if-you-get-in-rideshare-accident-in-sc\/","title":{"rendered":"Can You Sue Uber If You Get in a Rideshare Accident in South Carolina?"},"content":{"rendered":"

While Uber’s popularity continues to rise in South Carolina, so does the risk of accidents with the ridesharing company. If you were a passenger in an Uber accident, you may be able to sue the company.<\/span><\/p>\n

A lawyer can assess your situation and inform you of your legal options. They can potentially file a lawsuit against Uber on your behalf, but there are other ways you can secure fair compensation for your damages.<\/span><\/p>\n

Seeking Compensation After a South Carolina Uber Accident<\/h2>\n

Uber drivers are considered independent contractors because they are using their own cars. After a rideshare accident, your first thought may be to sue Uber. However, that may not be the most appropriate course of action. This is because Uber may not be responsible. The driver may be the party to pursue compensation from.<\/span><\/p>\n

However, if you are looking to hold Uber responsible, the company has insurance that can cover your damages. There are situations, though, in which the driver’s personal liability insurance will compensate you. The question becomes, which insurance company will pay for the injuries you’ve suffered in a rideshare crash?<\/span><\/p>\n

There are three different scenarios:<\/span><\/p>\n

    \n
  1. At the time of the accident, it must be determined what the Uber driver was doing. If the driver had the Uber app turned off, it’s likely that their personal car insurance is liable and will pay your settlement.<\/span><\/li>\n
  2. However, if the driver had the app turned on while you were riding in the car, then Uber’s supplemental insurance coverage will pay for any damages you sustained. This coverage could pay out a lower amount than the driver’s car insurance policy, though.<\/span><\/li>\n
  3. If the driver had the app turned on and accepted an additional ride request, then Uber’s supplemental insurance will kick in and pay a higher amount.<\/span><\/li>\n<\/ol>\n

    Who Is Liable If Another Car Hits Your Uber?<\/h2>\n

    If you are a passenger in an Uber when another car hits you and the other driver is at fault, then that driver’s insurance policy will pay for your injuries. But if the driver who hit your rideshare car is uninsured or underinsured, then Uber’s supplemental “uninsured or underinsured” motorist protection clause is activated.<\/span><\/p>\n

    Do I Need to Report an Uber Accident?<\/h2>\n

    After ensuring the police are called to investigate and write up an accident report, you can then report the accident using the Uber app.\u00a0<\/span><\/p>\n

    However, to be confident that your rights are being protected, you should talk to a <\/span>car accident<\/span><\/a> lawyer before reporting the accident to Uber.<\/span><\/p>\n

    When to Accept a Settlement Offer<\/h2>\n

    When it comes to Uber accidents, there is usually more than one insurance company involved\u2014the Uber driver’s, the other motorist’s, and Uber’s company insurance.<\/span><\/p>\n

    If you accept compensation from one of the insurance companies, it could stop you from receiving compensation from the others. That’s why it helps to have a rideshare accident lawyer on your side who can oversee any compensation package offered to you.\u00a0<\/span><\/p>\n

    A legal professional can determine the amount of compensation you are entitled to and fight for you to get it, whether it\u2019s through one insurance company or several. They can also inform you of whether it\u2019s appropriate to sue any of the involved parties.<\/span><\/p>\n

    Insurance Companies Are Known to Challenge Victims\u2019 Claims<\/h3>\n

    After an Uber accident in which you are a passenger, know that insurance companies may challenge your right to compensation when you file a claim with them.<\/span><\/p>\n

    For instance, they may downplay your injuries and devalue your claim. Uber\u2019s insurance company might deny liability whatsoever and state they should not be required to pay. A lawyer won\u2019t let you be lowballed or denied compensation when you deserve it.<\/span><\/p>\n

    What Can I Be Compensated for After a Rideshare Accident?<\/h2>\n

    Depending on your damages, you may be compensated for:<\/span><\/p>\n