Getting injured in an Uber or Lyft crash can leave you with a question that seems simple but often is not: who is supposed to pay for your injuries? The answer can depend on who caused the collision, whether the rideshare driver was working at the time, and which insurance policy applies.
In Charleston, rideshare accidents can involve several layers of insurance. South Carolina law allows personal auto insurers to exclude certain coverage while a transportation network driver is logged into a rideshare platform or providing a prearranged ride.
Below are key insights that’ll help you understand how those layers work so you can make sense of what happens after a crash.
1. The Driver’s App Status Can Affect Which Insurance Applies
One of the first things that may need to be established after a rideshare accident is what the driver was doing on the app when the crash happened. A driver who was completely offline is generally operating under different insurance circumstances than one who was waiting for a ride request or already transporting a passenger.
Uber states that its coverage changes based on whether the driver is offline, online and waiting, en route to a passenger, or already on a trip. When a driver is en route or on a trip, Uber says it maintains at least $1 million in third-party liability coverage for covered accidents.
Lyft also structures its coverage around the driver’s status in the app. So, whether a ride had been accepted or a passenger was already in the vehicle can become an important part of the claim.
2. The Other Driver May Be Responsible for Your Injuries
Being a passenger in an Uber or Lyft does not automatically make the rideshare company responsible for your injuries. If another motorist caused the crash, that driver’s liability insurance may be the first source of compensation.
For example, if another driver runs a red light and hits an Uber carrying a passenger, that driver’s insurance may be responsible for the resulting injuries and losses.
The situation becomes more complicated when the at-fault driver’s insurance is not enough to cover the damage. In that situation, you may consult with a rideshare accident lawyer in Charleston who can help determine whether additional insurance coverage applies and what options are available when the other driver’s policy falls short.
This may involve reviewing the policies involved and determining whether uninsured or underinsured motorist coverage is available. The goal is to identify all potential sources of compensation rather than assuming the first policy identified is the only one that matters.
3. Early Investigation Can Help Establish Who Should Pay
Once the potential sources of coverage are identified, evidence can help confirm the facts behind the claim. Records from the rideshare company, the driver, witnesses, and the crash itself may become important if the parties disagree about what happened.
Gus Anastopoulo Law Firm points to the importance of investigating rideshare crashes early, particularly because relevant records and other evidence may become harder to obtain with time. An attorney can help identify useful evidence, communicate with the insurers involved, and take steps to preserve information that may support the claim.
Early investigation can therefore help prevent an injured passenger from having to rely solely on an insurer’s version of what happened.
4. You May Be Entitled to Compensation for Your Injuries
Finding the right insurance policy is only one part of the process. You also need evidence showing how the accident affected your health, work, and finances.
Depending on the circumstances, a personal injury claim may involve medical bills, future treatment, lost wages, reduced earning capacity, pain and suffering, and other losses. Medical records can document your injuries, while employment records can help establish lost income.
Keep copies of medical bills, prescriptions, appointment records, receipts, and other expenses connected to the accident. Photos of the vehicles and crash scene can also be useful, as can contact information for witnesses. Some injuries take time to become noticeable, so getting medical attention after a crash can be important even if you initially feel fine.
5. Insurance Adjusters May Dispute What They Owe
Even after the responsible insurer has been identified, the claim may still be disputed. An adjuster may question who caused the accident, which policy applies, how serious your injuries are, or whether certain losses resulted from the crash.
If an insurer is disputing your claim or offering less than you believe your injuries and losses are worth, speaking with an attorney can help you understand your options before you agree to a settlement. An attorney can review the available evidence, communicate with the insurer, and help determine whether the offer reasonably reflects the losses caused by the accident.
The Key Takeaway
So, who pays after an Uber or Lyft accident? It may be the driver who caused the crash, the rideshare driver’s personal insurer, Uber or Lyft’s applicable coverage, or more than one source.
The answer depends on who caused the collision, the driver’s status at the time, the insurance policies involved, and the evidence supporting your claim. Understanding those factors early can help you avoid assuming that the first insurer you hear from is necessarily the only source of compensation.