If you were recently injured in a rideshare accident, you may be anxious to hold the liable party accountable. After all, you should never be forced to pay for the expenses of an accident that is not your fault. Establishing liability for the collision is crucial, as negligent parties can be required to compensate injury victims in full for their damages.
Your North Charleston Uber and Lyft accident lawyer with Shelly Leeke Law Firm will carefully investigate the cause of your car accident to determine who should be brought to justice. You may be able to sue an Uber or Lyft driver, depending on the circumstances of your case. However, do not be surprised if our investigation reveals that several parties contributed to the collision.
When Rideshare Drivers Are at Fault
You may have the right to sue your Uber or Lyft driver after a car accident if they are responsible for causing the collision. If your rideshare driver was unable to prevent the accident, they may not share primary blame for the injuries you sustained. However, frequently, rideshare drivers can be sued anytime they engage in any type of unsafe driving behaviors, some of which could include:
- Distracted driving
- Failing to yield to the right of way
- Aggressive driving and road rage
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Failure to check blind spots
- Failure to use a turn signal or making illegal turns
However, if the rideshare driver was driving as safely as possible at the time of the collision, it may be difficult to prove that they should compensate you for your damages. You will need to rely on your attorney’s investigation into the cause of the collision to establish blame. If our personal injury lawyer in North Charleston discover that the Uber or Lyft driver is primarily at fault, we will do everything possible to bring them to justice and get you the most out of your claim.
Ways to Recover the Compensation You Deserve
No matter who is responsible for causing the accident, there are several potential ways you can go about recovering the compensation you are entitled to. When the rideshare driver is at fault, you may have grounds for a legal claim against them and the rideshare company they represent as well. Here are some of the most common ways to secure the fair and just compensation you deserve:
Filing a Claim with the Rideshare Company’s Insurance Provider
First and foremost, if the Uber or Lyft driver is at fault, you may have the right to file a claim with the rideshare company’s insurance provider. Rideshare companies provide their drivers with up to $1 million in liability insurance coverage in the event of a collision. However, this coverage is only available during specific times, including when the driver is in driver mode, transporting a passenger, or waiting to pick one up.
If the accident occurs outside of these time frames, the rideshare company’s insurance coverage will not be active. This means you may not have the opportunity to recover compensation through the rideshare company. However, that does not mean you are not without other options.
Filing an Insurance Claim Against the Uber or Lyft Driver’s Personal Insurance
When the collision occurs outside of the rideshare company’s insurance coverage time periods, the driver is just like any other motorist on the roadway. This means their personal auto auto insurance coverage should be in place. South Carolina law requires all motorists to have a minimum of $50,000 per accident for medical expenses and $25,000 for property damages.
Uber drivers only have the minimum amount of coverage, so it may not fully meet your needs. The insurance company will only be required to provide you with compensation for specific types of damages as outlined in the policyholder’s covered losses. After reviewing the insurance policy in question, we will have a better idea of how much you could be entitled to through the insurance company and which damages we will need to seek in alternative ways.
Filing a Claim with Your Personal Insurer
You may also have the option of filing a claim against your personal auto insurance policy. However, while no-fault insurance coverage is designed to protect you, we rarely recommend that our clients file claims with their insurance providers unless absolutely necessary. This is because, in many cases, insurance companies will increase the amount of your premiums when your policy renews if you have filed a claim during the most recent premium period.
Filing a Lawsuit Against Uber or Lyft
When insurance coverage is not enough to cover your losses in full, you do not need to absorb them. Working with a personal injury attorney, you may be able to file a civil lawsuit against those responsible. Our investigation will reveal who these parties might be.
In some cases, it is necessary for your rideshare accident lawyer to file a lawsuit against Uber, Lyft, or the rideshare company. However, in others, rideshare drivers, motor vehicle dealerships, the South Carolina Department of Transportation, and other third parties can share responsibility. In any case, bringing your case to trial gives you your best opportunity to demand maximum compensation for your damages and access the monetary support you need to avoid financial ruin while you are recuperating.
Explore Your Legal Options Further with Help from South Carolina’s Respected Rideshare Accident Law Firm
You may have the right to sue the Uber or Lyft driver if their negligence directly contributed to the accident. However, you may not need to if the rideshare company’s insurance coverage is enough to meet your needs. If not, your highly skilled rideshare accident attorney with Shelly Leeke Law Firm will be fully prepared to explore every opportunity for financial relief.
Have our legal team input our decades of knowledge and experience to work for you and your family during this difficult time in your life. Request a 100% free consultation and discuss your options in greater detail. Reach us by phone or through our quick contact form to get started on your claim as soon as today.
