Aiken
Uber Accident Lawyer

Were you hurt after getting into an Uber accident? Rideshare services have quickly transformed the way people get from one place to another, making them a very convenient method of transportation—not to mention cost-effective and reliable. 

However, at John Foy & Associates, we know that rideshare vehicles are not exempt from the risk of collision on the road. If you were injured in a situation like this, you’re not alone. Let us represent you as your Aiken Uber accident lawyer. 

When you come to us as The Strong Arm™, you can trust that an Aiken rideshare accident lawyer will fight for your rights. With more than 350 years of combined experience, we’ve won over $1 billion for people who’ve been hurt, and we’re here to do the same for you.  

Understanding Uber’s Insurance Coverage in South Carolina

Unlike traditional taxi service companies that directly employ their drivers, Uber operates by connecting independent contractors with passengers through an app. This independent contractor status impacts how insurance claims are handled in the event of a crash. 

Now, Uber provides varying levels of insurance coverage depending on the driver’s status at the time of the accident. Your Aiken personal injury lawyer will likely explain how these stages influence the legal process, but in the meantime, here’s a general overview. 

When the Uber Driver Is Offline 

If the Uber driver is not logged into the app and is simply driving their personal vehicle for non-Uber activities, their personal auto insurance is the primary coverage in the event of a crash. 

In other words, Uber’s insurance will not apply to the situation. Meanwhile, if the driver has insufficient personal insurance or is uninsured, it may create complications for anyone involved in the accident.

When the Uber Driver Is Online and Waiting for a Ride Request

If the driver is logged into the Uber app but has not yet accepted a ride request, Uber’s insurance will only provide contingent liability coverage. This means that Uber’s insurance will only cover damages if the driver’s personal insurance does not. 

Here’s what the contingent liability coverage includes:

• Up to $50,000 per person for bodily injury 
• Up to $100,000 per accident for bodily injury 
• Up to $25,000 in property damage 

When the Uber Driver Is Transporting a Passenger

If the Uber driver has accepted a ride request and is en route to pick up a passenger or is already transporting a passenger, Uber’s primary insurance coverage applies. This is a very comprehensive level of coverage provided by Uber. Here’s what it includes:

• $1 million in liability coverage for bodily injury and property damage 
• Uninsured/underinsured motorist coverage 
• Contingent collision and comprehensive coverage  

Legal Considerations for Uber Accidents in South Carolina

State laws in South Carolina set very specific regulations for auto accidents, which apply to Uber-related collisions as well. One of the many important legal considerations is known as the comparative fault rule. 

Under this rule, if both parties are partially responsible for the accident, then the amount of compensation a person can receive is reduced in proportion to their level of fault. For example, if you are deemed 15% responsible, your compensation will be reduced by 15%. 

Additionally, drivers are required to carry a minimum level of auto insurance: 

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage

However, the coverage provided by Uber often exceeds these minimum requirements. This is often the case when the driver is actively transporting a passenger.

Last but not least, another legal consideration is the statute of limitations in South Carolina. The statute of limitations for filing a personal injury claim after a car accident is three years. If you do not file your claim within this 36-month period, you could lose your right to compensation. 

This is why it’s important to begin the claims process as soon as possible. Reach out to an Aiken Uber accident law firm immediately after the crash to ensure that your ability to receive compensation is protected.

Potential Challenges Your Aiken Uber Accident Lawyers Can Handle When Representing You 

One of the many challenges your Aiken Uber accident attorney will likely face is identifying which party is responsible for the incident. 

Since Uber’s insurance coverage only applies under certain circumstances, it’s important to properly determine the driver’s status at the time of the crash: 

• Logged into the app
• En route to pick up a passenger
• Actively transporting a passenger

This information will inform your legal counsel as to which insurance coverage will apply in your case. In situations where the Uber driver’s personal insurance is insufficient or the driver is uninsured, the claims process can become more complicated. 

Additionally, Uber itself may push back against claims in an effort to limit liability or reduce the total payout you receive. Working through these matters requires a clear understanding of both South Carolina’s insurance laws and Uber’s insurance policies.

Reach Out to an Uber Accident Lawyer in Aiken Today For Legal Guidance and Advice

Being involved in a collision is often a confusing and overwhelming experience in and of itself, but the situation can feel even more stressful when you start thinking about the legal side of things. However, you don’t have to figure it all out by yourself. 

Instead, lean on the advocacy of Uber accident attorneys in Aiken. When you call our personal injury law firm, we can make sure the proper steps are taken to protect your rights. The sooner you contact us, the sooner we can start seeking justice on your behalf.