Sumter, SC Uber & Lyft Accident Lawyers
Getting the help you need after a rideshare accident can make a huge difference when it comes time to calculate damages, negotiate with insurance companies, and get the compensation you need for your injuries. These cases often involve multiple insurance policies, complex litigation, and difficult facts, making it harder for injury victims to get compensation.
Our lawyers will fight for you. We can work to determine how much your case is worth, file claims with the proper insurance policies, fight unresponsive insurance companies, and work to maximize the compensation you receive for your injuries.
For a free review of your case, call our Uber and Lyft accident attorneys from Burriss Ridgeway Injury Lawyers today at (803) 451-4000.
Getting Compensation for an Uber or Lyft Accident in Sumter, SC
Car accident cases can be simple at times. If a car hits you, the driver is usually at fault. If you are in a car and your driver hits someone else, they are often at fault. However, with rideshare cases, the facts can be more complex, as can the insurance policies that cover your case and the parties you can sue. Our Uber and Lyft accident attorneys can help.
Suing Uber/Lyft
If the Uber or Lyft driver was responsible for your crash, you might want to try to sue the company they work for. After all, you can often sue trucking companies or bus companies when those drivers cause crashes, so you would think the same is true of rideshare companies.
Unfortunately, both companies tend to insulate themselves from lawsuits by considering drivers as independent contractors or self-employed. They insist that all they do is link riders to drivers and manage payment and route selection rather than act as the drivers’ employers. This means you usually cannot sue these companies for their drivers’ mistakes.
However, lawsuits have been successful against these companies in cases where the company was directly involved in the negligence. For example, failing to screen a driver they should have known had a history of assault could make the rideshare company partially liable if a driver assaults a rider. However, when it comes to accident cases, applying this same kind of principle is rarely successful, but it is certainly something we can look into in your case.
Even if you cannot sue the rideshare company, you can sue the driver directly for the crash they used.
Insurance Policies that Cover Your Crash
Whether you rely on an insurance claim or the insurance company is defending the driver in a lawsuit in court, the payment that comes at the end of your case will usually be from an insurance company. The question is, which one?
All drivers must carry insurance, which means the Uber or Lyft driver will have their own driver’s insurance. However, this insurance usually cannot cover accidents that occur in the course of the driver’s work as a rideshare driver. Instead, they will need to have a commercial driver’s policy or a special “rideshare” policy that will cover these crashes.
If they properly have this policy, then Uber and Lyft’s supplemental insurance policy should cover any overages that this policy does not cover. This only applies to accidents where the crash occurs while the driver was on duty but did not have a ride selected yet. This coverage typically comes in at $50,000 of coverage above a driver’s normal rideshare/commercial policy coverage.
If the driver had a rider in their car – which might have been you – or was en route to a pick-up when the crash occurred, then these companies provide a $1 million policy that should cover your accident.
Note that if another driver you, then this last policy might still cover you as the primary policy. Otherwise, the at-fault driver’s policy should cover your injuries. If you were driving another car when the crash occurred, you might have first-party benefits that also help supplement your damages.
Calculating Damages
In the event of a crash, you might face damages in all areas of your life. We typically categorize these damages into three areas: economic damages, non-economic damages, and punitive damages. Economic damages cover all your expenses, such as medical care and lost earnings. Non-economic damages cover the harms you face that have no price value, such as emotional distress and physical pain from an injury. Lastly, punitive damages are paid not as compensation for your injuries and harms but to punish the defendant for causing the crash. These punitive damages are typically only available in lawsuits (not insurance claims) and only in rare cases of serious misconduct.
Steps to Take After a Crash Involving an Uber or Lyft in Sumter, SC
When Uber and Lyft drivers are involved in a crash, the companies they work for tend to try to do damage control. While you cannot typically sue these companies, they still work hard to avoid liability and often send representatives to visit the scene of the crash or at least follow up with you on the phone in the days after the accident. Keep in mind that these representatives do not work for you and are not on your side; do not discuss the accident with them or other representatives before speaking with your lawyer.
In the hours and days after the crash, you should collect as much evidence as you can from the scene, including the name and contact info of all drivers involved in the crash, including the rideshare driver. Also, take photos of the scene. Additionally, call 911 immediately after a crash and get a police officer to respond and make a report of the crash. Also, seek medical attention and follow up with all recommendations. Then, call a lawyer for help before dealing with insurance companies or other representatives like those discussed above.
Call Our Uber and Lyft Accident Attorneys Right Away
Call (803) 451-4000 for a free case assessment with the Uber and Lyft accident lawyers at Burriss Ridgeway Injury Lawyers.
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