When you’re involved in a car crash, either as an innocent driver or passenger, you can generally demand bodily injury damages from the liable driver’s auto insurance policy. Passengers in taxis or limos can also sue the transportation company and vehicle owner for driver negligence. This is not the case with Uber crashes.
Rideshare companies like Uber use legal loopholes to protect themselves from direct personal injury liability in South Carolina. If you were injured during a Tri-County rideshare, you need the experienced accident injury attorneys at Gil Gatch Law in Summerville, SC.
How Uber Protects Itself from Direct Liability in Summerville
Uber only provides ‘transportation network services’, i.e., the Uber app, connecting independent drivers (1099s) with prospective riders. This shields Uber from direct liability for car accidents in South Carolina, but it also creates a problem for passengers suffering from the following catastrophic rideshare crash injuries:
- Paralysis
- Slipped and herniated discs
- Traumatic brain injuries (TBIs)
- Nerve damage
- Burns
- Broken bones
- Dislocations
- Post-Traumatic Stress Disorder (PTSD)
Private auto insurance policies do not provide personal injury coverage when vehicles are being used for ‘taxi-like’ purposes. This requires an expensive commercial policy, which most private Uber drivers do not carry. For this reason, holding rideshare drivers and Uber Technologies liable for accident injuries involves the expertise of an experienced rideshare liability lawyer.
Applying the SC Transportation Network Company Act
South Carolina passed the Transportation Network Company Act (TNC Act) to address the legal gaps created by rideshare companies. There are two primary ways experienced Uber accident attorneys can help you recover personal injury damages after a qualifying TNC accident in Summerville:
Triggering Commercial Liability Insurance
Under the TNC Act, Uber is required to cover its users – including passengers and innocent drivers – with high-value commercial personal injury insurance. However, the level and availability of coverage changes depending on the Uber driver’s status throughout the day:
- Active Rideshare: If the Uber driver is logged into the app and actively providing services – generally defined as the time he begins traveling to a prearranged ride until the passengers exit the vehicle – Uber must provide $1,000,000 in bodily injury and uninsured motorist coverage.
- Available: Uber must provide rideshare drivers who are logged into the app and waiting for ride requests, but not actively engaged in a ride, with minimum state liability insurance ($25,000 per person/$50,000 per accident).
- Not Logged In/Active: Uber drivers who are not logged into the application and are not available to receive ride requests are not considered ‘rideshare drivers.’ Our Summerville car accident lawyers can help you demand standard personal injury damages in these cases.
If you’re unsure about the driver’s TNC status at the time of the accident, call us. Our experienced attorneys can request Uber’s digital records and file claims under the correct insurance policy.
Exposing TNC Act Violations
With legal help, you could hold Uber directly liable for accident injuries if it violated the TNC Act’s safety provisions. These include checking and verifying the driver’s license, identity, driving record, and criminal history. Our accident investigators will review each case to determine whether Uber broke TNC laws.
Your Uber Accident Attorneys in Summerville, SC
Although Uber offers high-value personal injury insurance to injured riders and innocent drivers, you need an experienced TNC liability lawyer to help you obtain damages for medical bills, lost wages, and pain and suffering. Call (843) 800-2020 or contact our rideshare liability team online to schedule a free case evaluation.