843-636-TREY
If you were injured in an Uber after an accident, you are confused about what comes next. Being hurt in any car crash is traumatic, but rideshare accidents add extra layers of complexity that can make the process even more confusing. There are more parties involved, more insurance policies in play, and a company that’s designed its entire legal structure to avoid liability. However, you have a legal path to hold Uber accountable. These cases are complicated, and the details matter. Understanding how Uber injury claims work in South Carolina can help you protect your rights and pursue the compensation you need. Trey Harrell is an experienced Charleston Uber accident attorney who has helped several clients with Uber-related accidents. Below, he will help you understand what it takes and how his firm can help you!
Yes, you can potentially sue Uber after an accident
Many individuals assume Uber is just a technology company that connects riders with drivers. Uber certainly wants you to think that. The company classifies its drivers as independent contractors, not employees, which is a deliberate strategy to distance itself from liability when accidents happen.
But that doesn’t mean Uber cannot be held accountable. Depending on the circumstances of your accident, you may be able to file a claim against Uber’s insurance policy, the driver’s personal insurance, or both. In some situations, you may have grounds for suing Uber directly.
Whether you were a passenger in the Uber, a driver in another vehicle, or a pedestrian struck by an Uber driver, your right to pursue compensation depends on what the driver was doing at the time of the crash. You should hire an attorney to review your situation.
Understanding Uber’s insurance coverage tiers
Uber’s insurance coverage isn’t simple. It changes based on the driver’s status in the app at the time of the accident. This is one of the biggest reasons rideshare claims are more complex than standard car accident cases.
When the app is off
If the Uber driver’s app was completely off at the time of the crash, Uber provides no insurance coverage at all. The driver is treated like any other motorist, and you’d file a claim against the driver’s personal auto insurance. Uber has no involvement.
When the app is on, but no ride is accepted
If the driver had the app on and was waiting for a ride request, Uber provides limited liability coverage. This typically includes $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. These amounts may not come close to covering serious injuries, which is why understanding Uber’s policies is important.
When a ride is in progress
This is where Uber’s coverage is strongest. From the moment a driver accepts a ride request through the end of the trip, Uber carries $1 million in liability coverage, along with uninsured and underinsured motorist coverage. If you were a passenger or were hit by an Uber driver who was actively transporting someone, this is the policy that may apply to your claim.
Injured in an Uber accident in South Carolina? Call 843-636-8739 for a free consultation. Trey Harrell can help you understand which insurance coverage applies to your situation.
When Uber is liable vs. the driver
This is the central question in most rideshare accident cases. Uber argues its drivers are independent contractors, meaning the company isn’t responsible for their actions behind the wheel. But that argument doesn’t always hold up.
Uber may share liability if the company failed to properly screen the driver’s background, if the driver was operating within the scope of the Uber platform at the time of the crash, or if Uber’s own policies or app design contributed to unsafe driving conditions.
In South Carolina, the modified comparative negligence rule means you can recover compensation as long as you’re less than 51% at fault for the accident. Your recovery is reduced by your percentage of fault. Insurance companies and Uber’s legal team will absolutely try to shift blame onto you, which is why having an attorney who understands these tactics is critical.
How to file an Uber injury claim
Filing an Uber injury claim involves several steps, and the process isn’t as straightforward as filing a regular auto insurance claim.
First, report the accident through the Uber app. This creates an official record the incident occurred during an Uber trip. Second, file a police report at the scene (or as soon as possible). Third, seek medical treatment immediately, even if you feel fine. Some injuries take hours or days to show symptoms, and any delay in treatment gives the insurance company a reason to question your injuries.
From there, you’ll need to determine which insurance policy covers your claim based on the driver’s app status. This is where things become complicated fast. You may need to file claims against multiple insurance companies, and each one will have its own adjusters working to minimize what they pay you.
Don’t try to navigate this alone. Uber’s insurance carriers are experienced at protecting their bottom line, not at making sure you’re fairly compensated. Call 843-636-8739 to discuss your case with someone who knows how to fight back against these tactics.
Evidence you’ll need to build your case
Strong evidence is the foundation of any successful rideshare accident claim. Gathering the right documentation can make the difference between a successful claim and a denied one.
You should try to collect photos and video from the accident scene, including vehicle damage, road conditions, and any visible injuries. Obtain the police report. Save your Uber trip receipt or ride confirmation, which proves the driver’s app status at the time of the crash. Keep medical records and bills documenting your injuries and treatment. Collect witness contact information from anyone who saw the accident. Take screenshots of the Uber app showing your trip details.
The more documentation you have, the harder it is for Uber or the insurance company to dispute your claim. If you weren’t able to collect evidence at the scene, an attorney can help obtain police reports, medical records, and even data from the Uber app itself.
Why rideshare accident claims are so complex
Suing Uber for a car accident isn’t like filing a claim after a typical fender-bender. These cases involve multiple layers of insurance, corporate legal teams, and questions about liability don’t exist in standard auto accident cases.
Uber has an army of attorneys whose job is to protect the company. Their insurance carriers are equally aggressive. You could be dealing with the Uber driver’s personal insurance, Uber’s commercial policy, and potentially your own uninsured motorist coverage, all at the same time. Each party will point fingers at the others, and you’re stuck in the middle trying to receive your medical bills paid.
South Carolina’s three-year statute of limitations gives you a window to file your claim, but the sooner you act, the better. Evidence fades, witnesses forget details, and the insurance companies start building their defense the moment the accident happens.
How Trey helps with rideshare accident claims
Rideshare accident cases require someone who understands how these layered insurance policies work and isn’t intimidated by Uber’s corporate legal strategy. As a former Federal Prosecutor, Trey Harrell has the courtroom confidence to take on large companies and their insurers. He knows how to investigate these claims, identify every available source of insurance coverage, and fight for the compensation his clients need to recover.
Trey is a third-generation Charlestonian with deep roots in the South Carolina community. He takes the time to walk each client through every step of the process, answering questions and explaining what’s happening with their case. As a father of two, he understands what it means when an injury affects your entire family.
Your consultation is completely free, and Trey works on a contingency fee basis, which means you don’t pay anything unless he recovers compensation for you.
If you were injured in an Uber accident anywhere in South Carolina, contact us at 843-636-8739 today. With offices in Charleston at 2000 Sam Rittenberg Blvd Suite 2002, plus locations in Summerville and Greenville, Trey is ready to review your case and help you understand your options. Remember, Trey helps.