A crash involving an Uber, Lyft, or another app-based ride can look like an ordinary car accident at first. But the insurance questions are often different because coverage may depend on exactly what the driver was doing in the app at the moment of the collision.
If you were hurt as a rideshare passenger, another driver, a pedestrian, or a cyclist, the practical first steps are still familiar: get medical attention, report the crash, preserve the available evidence, and be careful before giving a recorded statement or accepting a quick settlement offer. The difference is that a rideshare claim may involve more than one insurance policy and an early dispute over which policy applies.
Why the driver’s app status matters
South Carolina’s Transportation Network Company (TNC) law treats certain app-based transportation as a distinct category. The statute defines a TNC as a company using a digital network to connect passengers with drivers for compensation. It also distinguishes between a driver who is simply logged in and available for a request and a driver who has accepted a trip or is transporting a passenger. S.C. Code §§ 58-23-1610, 58-23-1630(B)–(C).
That distinction can affect the available insurance. A driver’s personal auto policy may contain an exclusion for losses that occur while the driver is logged onto a TNC platform or providing a prearranged ride; whether an exclusion applies depends on the actual policy and facts. South Carolina law permits certain exclusions and separately establishes TNC-related insurance requirements for the periods addressed by the statute. S.C. Code §§ 58-23-1625, 58-23-1630.
In plain English: do not assume the driver’s regular personal policy is the only policy in play, and do not assume an app company’s policy applies in the same way at every moment of the driver’s workday.
The two coverage periods South Carolina law addresses
1. Driver logged in and available, but no trip accepted
When a participating driver is logged into the digital network and available to receive transportation requests, but is not engaged in a prearranged ride, South Carolina law requires primary liability coverage of at least:
- $50,000 for death or bodily injury per person;
- $100,000 for death or bodily injury per incident; and
- $50,000 for property damage.
The law also requires uninsured-motorist coverage as required by South Carolina law. The required coverage can be maintained by the driver, the TNC, or both. S.C. Code §§ 58-23-1630(B), 38-77-150.
2. Driver en route to a passenger or carrying a passenger
South Carolina’s definition of TNC service includes the time after a driver accepts a request and proceeds to the passenger, the trip itself, and the period until the last passenger exits. During a prearranged ride, the statute requires at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage, subject to the policy terms, applicable coverage issues, and the facts of the claim. It also requires uninsured-motorist coverage as required by law. S.C. Code §§ 58-23-1610(7), 58-23-1630(C), 38-77-150.
Those statutory minimums do not answer every coverage question in a real case. Policy wording, the parties involved, available evidence, injuries, other insurance, and the sequence of events can all matter. But the driver’s app status is often a key fact worth preserving early.
What to do after a rideshare crash
Get medical attention and follow through
Some injuries are obvious immediately. Others—such as concussion symptoms, neck and back injuries, or soft-tissue injuries—may become clearer over time. Prompt medical evaluation creates a record and, more importantly, helps protect your health. Follow the treatment plan your providers recommend.
Call law enforcement when appropriate and obtain the report information
A police report can identify involved vehicles, drivers, witnesses, insurers, and initial observations. It is not the final word on fault, but it can be a meaningful starting point. If officers are at the scene, ask how to obtain the report number and keep any exchange-of-information documents you receive.
Preserve the rideshare evidence
If you were a passenger, save screenshots from the app showing the trip, driver name, vehicle, route, pickup and drop-off details, fare receipt, and any in-app communications. Do not rely on the app retaining every detail forever.
If you were in another vehicle, a pedestrian, or a cyclist, photograph the scene when it is safe to do so. Note the rideshare company, the vehicle’s license plate, and any visible company trade dress. South Carolina law requires a TNC vehicle to display distinctive trade dress while the driver is active on the platform or providing TNC service. S.C. Code § 58-23-1640(F). The presence or absence of trade dress alone may not establish a driver’s app status or available insurance.
Get witness information
Independent witnesses can be especially important when the parties disagree about who had the right of way, whether a driver was distracted, or how the collision occurred. Names, phone numbers, email addresses, and a brief note of what each person observed can be valuable.
Be precise about the driver’s status
For a coverage investigation, South Carolina law requires a TNC and potentially applicable insurers to cooperate in exchanging relevant information, including the precise times a driver logged on and off the digital network during the twelve hours before and after the accident. S.C. Code § 58-23-1625(D). The process and information available can depend on the claim, the parties, privacy rules, and applicable procedures.
That makes the following questions important:
- Was the driver logged in?
- Had the driver accepted a trip?
- Was the driver traveling to pick up a passenger?
- Was a passenger in the vehicle?
- Had the trip ended?
The answer may affect which coverage applies. Required policy limits do not establish fault, guarantee payment, or determine the value of any claim.
Do not rush a settlement decision
After a collision, an insurer may contact you quickly. It is reasonable to report a claim and provide basic information. Before signing a release, agreeing to a recorded statement, or accepting payment that resolves a claim, consider seeking advice about your individual circumstances.
A release can have lasting consequences. Medical bills, missed work, future treatment, property damage, and other losses may not be fully understood in the first days after a crash. Do not delay reporting the crash, preserving evidence, obtaining medical care, or seeking advice about applicable notice and filing deadlines.
A conversation can help clarify the next step
Every rideshare collision has its own facts. If you were injured in an Uber, Lyft, or other app-based transportation crash in South Carolina, Proffitt & Cox can review the circumstances, explain the questions that may affect your claim, and discuss whether the firm can help.
Call Proffitt & Cox at (803) 834-7097 to discuss your situation.
