Posts tagged " Car Accidents "

Hurt in a Lyft or Uber?

May 22nd, 2017 Posted by Car Accidents, Legal Issues, Personal Injury No Comment yet

Car accidents are inevitable with negligent drivers and increasing distractions in cars (see our post about texting and driving!). With ride-sharing apps becoming more and more popular, it is also inevitable that car accidents will happen between these drivers as well. Fortunately, Uber and Lyft have policies to protect drivers and passengers involved in automobile accidents.

What should you do if you are in a car accident while riding in an Uber or Lyft? Who is responsible?

With Uber, here are three different stages of liability coverage. If a driver is simply driving and does not have a fare or anyone they are picking up, their personal car insurance company is responsible for any damages. Once they have accepted a customer and are on the way to pick up the customer, the Uber driver is covered by their own car insurance policy AND additional contingent liability coverage provided by Uber.  The moment the Uber driver picks the customer up, Uber provides insurance coverage with limits of $1,000,000 per occurrence.

Lyft provides four coverages in their insurance policies: contingent liability, primary automobile liability, contingent comprehensive & collision, and uninsured/underinsured motorist. Like Uber, Lyft only provides coverage to its drivers once a customer has been picked up and the driver mode is on.

Fortunately, Uber and Lyft have policy limits of $1,000,000 per occurrence. They also cover uninsured or underinsured motorists, meaning that passengers are protected when the car they are riding in is hit by another negligent driver who does not have insurance, or has too little insurance to pay your medical bills and make you whole.  Following the accident, you will need to send a report on your app, then immediately call a personal injury or auto accident attorney, since an Uber of Lyft representative will call you to discuss the details of your claim as soon as you send the accident report.  If for some reason you have not been able to talk to a personal injury or auto accident attorney before they call you, be careful NOT to give a recorded statement as they will try to use it against you later on in the claims process (see our post about giving the insurance company a recorded statement!).

If you are involved in an accident while driving an Uber, report it on your app.  Briefly tell Uber what happened, and a representative will reach out to you and provide an Incident Report Form that you will fill out to submit a coverage claim.

Before an insurance carrier contacts you, you will need to locate your personal insurance declarations page. This page lists the specific coverages for your vehicle that you will need to tell the insurance representative about.  If physical damage coverage is available, you’ll be responsible for a $1,000 deductible.  If you’ve been injured, be sure to call a personal injury or auto accident attorney BEFORE speaking with the insurance representative.

If you are in an accident while driving a Lyft, call a representative on, file a claim with your personal auto insurance provider, and provide proof of personal insurance to relevant parties at the scene of an accident.  The contingent coverage plans have a $2,500 deductible and a $50,000 maximum for physical damage to your vehicle.

If you’re injured in an accident while riding in an Uber or Lyft, feel free to call us for a free case evaluation or email

IMO, Texting while Driving is no LOL matter!

May 5th, 2017 Posted by Driving Safety No Comment yet
Sometimes it’s hard to keep up with new laws that affect our everyday lives; that’s where lawyers can be helpful!  It’s our job to know what the current laws are to keep you safe.

Studies say distracted driving is just as dangerous a drinking four beers and driving a car. While some cities and counties realized this long ago and already had ordinances on the book, it took the State of South Carolina a bit longer to realize the need for a law specifically addressing texting while driving.

In 2014, Gov. Nikki Haley signed Senate Bill 459 dictating the penalties and definition for “Unlawful use of a wireless electronic communication device while operating a motor vehicle”.  A driver’s first offense for texting while driving is a $25 penalty and any subsequent offense is $50.  Dialing and talking on the phone are not banned under the new law.

If convicted, the law prevents the violation from being reported to the DMV, SLED, or the driver’s insurance provider.

Like all other moving violations, the officer must have “probable cause that a violation has occurred based on the officer’s clear and unobstructed view of a person who is using a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State” to pull your car over.  At court, the officer is required to prove your guilt beyond a reasonable doubt, and the officer cannot confiscate your phone to meet this burden of proof.  Also of note, the officer cannot search your car without your consent based solely on the fact that this violation occurred.

The dangers of texting while driving can lead to a time-consuming court date, not to mention, a severe injury to yourself or others.  To legally text in your car, the vehicle must be stopped or parked.

If you have any more questions, feel free to call me at (843) 225-2520 or email

Charleston Personal Injury Attorney

An accident has intensified an existing injury. What should you do?

March 22nd, 2017 Posted by Car Accidents No Comment yet
If you’ve been injured through no fault of your own and the accident has intensified an existing injury, there are several things you should keep in mind.

First, don’t think you have less of a case just because the injury existed before the accident.  In fact, you may have more of one.

Second, you should treat this intensified injury the same way you would a new injury. Legally speaking, re-injuring yourself through the fault of someone else could be even more expensive than the first injury.

Third, after seeking necessary medical treatment, you should immediately consult with an attorney.  They will be able to tell you whether or not you pursue legal action. Many times, the attorney will refer you to a specialist who will give you the best possible medical advice on how to recoup from this incident. The specialist will work directly with the attorney to determine the cost of any treatment so the attorney can file an insurance claim against the at-fault party. The attorney will then work with you to determine whether any other claims are necessary.

Has this injury kept you out of work?  Kept you from taking that vacation you had planned?  Prevented you from exercising?  Prevented you from enjoying your daily life?  Prevented you from playing with the kids and/or grandkids?  Made you irritable and frustrated?  You should be compensated for that.

If you’ve been injured through no fault of your own, our job is to put you in a position to make a full comeback and come out stronger on the other side.  That’s what we do for our clients. Call us at 843-225-2520 or email us at for a free consultation.


Contact Us