Charleston, SC Uber Accident Lawyer

When you take an Uber, you anticipate a safe and smooth ride to your destination. But what if an accident occurs during your Uber trip? Who will cover your medical expenses, lost wages, and the pain and suffering you endure?

At Monge & Associates, we comprehend the intricate nature of Uber accident cases and stand ready to advocate for your rights. With our Charleston Uber accident lawyer, we will guide you through the legal process, ensuring that you receive the maximum compensation you rightfully deserve.

Charleston Uber Accident Resources

To immediately access the resources at any point on this page, click the corresponding links below.

What is Uber?
Does Uber Offer Passenger Insurance?
Filing a Lawsuit Against Uber
How Much Is a Rideshare Injury Lawsuit Worth?
Proving a Rideshare Accident Claim in South Carolina
South Carolina Comparative Negligence Laws
Do I Need an Attorney?
Steps to Take After an Uber Accident
Time Limitations on Uber Accident Claims
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Charleston Uber Accident Attorney

What Is Uber?

Uber is a widely recognized ride-sharing company that is used by millions of people around the world. It operates via an app, allowing users to request rides from nearby drivers who use their own vehicles to provide the service. The company treats its drivers as independent contractors, not employees.

Uber’s range of services includes standard rides in private cars (UberX), shared rides with other passengers heading in the same direction (UberX Share), luxury rides (Uber Black), and even food delivery services (Uber Eats). This variety caters to diverse customer needs and budgets. Uber’s platform also includes features for ride tracking, fare estimates, and driver ratings, as well as a suite of safety tools.

Does Uber Offer Passenger Insurance?

As an Uber passenger, you may be wondering what insurance will cover your injuries in the unfortunate event of an accident. Uber provides insurance coverage for both its drivers and passengers, but the extent of coverage depends upon the circumstances surrounding the accident.

In an Uber accident, two potential scenarios come into play regarding insurance coverage: when the rideshare driver is at fault and when the other driver is at fault.

The Rideshare Driver Is at Fault

If the Uber driver is deemed responsible for the accident, Uber’s insurance policy takes effect. Uber’s insurance coverage for accidents caused by their drivers typically includes up to $1 million in liability coverage. This coverage can potentially compensate you for medical expenses, lost wages, and the pain and suffering you have endured.

The Other Driver Is at Fault

In instances where another driver bears the responsibility for the accident, the insurance coverage depends on the policy held by the at-fault driver. In such cases, you might be able to seek compensation from the at-fault driver’s insurance company while also considering the option of filing a claim against Uber’s insurance policy, should the need arise.

Filing a Lawsuit Against Uber Directly

In certain circumstances, it may become necessary to file a lawsuit directly against Uber. This situation may arise if Uber denies liability or if the insurance coverage proves insufficient to fully address your damages. The process of filing a lawsuit against a corporate giant like Uber can prove complex and arduous. As such, it becomes absolutely critical to have a Charleston, SC Uber accident attorney by your side, deftly navigating the legal intricacies and tenaciously fighting for your rights.

How Much Is a Rideshare Injury Lawsuit Worth?

The value of your rideshare injury lawsuit depends upon various factors, such as the gravity of your injuries, the impact on your life, and the degree of negligence involved. Compensation in an Uber accident lawsuit may include the following damages:

  1. Medical expenses: This covers existing and future medical costs related to your injuries, including hospital bills, surgeries, medications, and rehabilitative treatments.
  2. Lost wages: If the accident caused you to miss work, you may be entitled to compensation for the income you have lost, as well as any future earning capacity that has been compromised.
  3. Pain and suffering: Compensation for the physical and emotional anguish, trauma, and distress you have endured as a direct consequence of the accident.
  4. Property damage: Reimbursement for any damage sustained to your personal belongings, such as your phone, laptop, or other items that were damaged during the accident.
  5. Punitive damages: If the at-fault party’s conduct was particularly malicious or egregious, punitive damages may be awarded to punish the wrongdoer and to deter others from engaging in similar conduct.

How to Prove a Rideshare Accident Claim in South Carolina

In South Carolina, rideshare accidents, like all motor vehicle incidents, are assessed under the same legal principles. To recover compensation in a rideshare accident claim, you must prove that the at-fault driver’s negligence caused the accident. Negligence refers to a person’s failure to uphold certain duties or responsibilities, leading to another person’s injuries. This concept is vital in claims against Uber drivers or any motorist in South Carolina.

To prove negligence, you must demonstrate the presence of the following four elements:

  • Duty of Care: The driver had a legal obligation to operate the vehicle safely and responsibly and to follow South Carolina’s traffic laws.
  • Breach of Duty: The driver failed to fulfill this obligation through negligent action or inaction, such as through reckless driving or speeding.
  • Causation: This breach of duty directly caused the accident and resulted in injuries.
  • Damages: The accident caused the victim to suffer damages, such as medical expenses, lost wages, or pain and suffering.

You can leverage several pieces of evidence to substantiate these elements, such as police reports, witness statements, traffic camera footage, and medical records. Monge & Associates can help you gather and present this evidence effectively, crafting a compelling case for your right to compensation.

South Carolina’s Comparative Negligence Laws

South Carolina also follows a comparative negligence rule when it comes to car accidents, including those involving Uber. This law acknowledges that multiple parties can contribute to an accident and allocates fault accordingly.

If you are found to be 50% or less at fault for the accident, you can still receive compensation, but it will be reduced by your percentage at fault. For instance, if you’re deemed 10 percent responsible in an Uber accident, your settlement will be reduced by that same 10 percent. However, if you are 51% or more responsible, you will be barred from recovering compensation.

Do I Need a Lawyer to File an Uber Lawsuit?

While it is technically feasible to initiate an Uber lawsuit without legal representation, it is highly advisable to engage the services of a Charleston car accident lawyer. Uber accident cases can be complicated, involving multiple parties, insurance companies, and legal complexities. A Charleston, SC Uber accident lawyer can guide you through the process, protect your rights, and negotiate with the liable insurance companies on your behalf. The right attorney will staunchly advocate for maximum compensation for your injuries and losses, and ensure that you receive the full and fair recovery that you are entitled to.

Steps to Take After an Uber Accident

After being involved in an accident while riding in an Uber, it is of utmost importance to take the following necessary steps and promptly report the incident to Uber:

Step 1: Assess Injuries

Ensure the well-being of all parties involved in the accident. Should anyone sustain injuries, it is important to call 911 immediately for prompt medical assistance. Refrain from moving anyone or providing medical aid beyond your training. If you experience any discomfort or pain, seek immediate medical attention.

Step 2: Engage the Authorities

If you have already contacted emergency services, a police officer will be dispatched to the accident scene. However, in case you have not done so, either you or the driver should promptly notify the police to report the incident. An officer will speak with all parties involved and compile a comprehensive police report encapsulating the officer’s investigation. Remember to obtain the name of the responding officer and an incident report number for future reference when requesting a copy of the report.

Step 3: Gather Potential Evidence

Exchange contact information, including names, with all individuals involved in the collision. If any witnesses are present, collect their names and contact details as well. Gather as much evidence as you can to substantiate your car accident claim, including photographs capturing the accident scene, vehicle damage, and any injuries you sustained.

Step 4: Write Down Everything You Remember About the Accident

It is advisable to write down everything you remember about the accident. Do this as soon as possible to capture the details while they are still fresh in your memory. These written notes can prove immensely valuable in the future when explaining the incident to an insurance adjuster or providing testimony in court.

Step 5: Report the Accident to Uber

Rideshare companies actively encourage both drivers and passengers to report accidents. You can access accident reporting forms on the Uber website. A representative from the rideshare company might reach out to you to provide a statement concerning the accident. Should you have any inquiries or suffer severe injuries, it may be prudent to consult with a Charleston personal injury lawyer before engaging in discussions about the incident with anyone, including the rideshare company.

Time Limitations on Uber Accident Claims in South Carolina

In South Carolina, the statute of limitations for filing an Uber accident claim is three years. This timeframe starts from the date of the accident, and missing this deadline can bar you from seeking compensation.

While there are some exceptions to this rule, it’s always better to be safe and initiate your claim as soon as possible. After seeking medical care for your injuries, schedule a free consultation with a Charleston Uber accident attorney and take your first steps toward recovery and healing.

Contact a Charleston Uber Accident Lawyer at Monge & Associates

If you have sustained injuries in an Uber accident in Charleston, South Carolina, do not hesitate to get in touch with a Charleston Uber accident lawyer at Monge & Associates. We are here to offer our unwavering support during this trying time and to assist you in pursuing the justice and compensation you rightfully deserve. Contact us now at 888-477-0597 for a free consultation. We charge no fee unless and until we win compensation for you.