Rideshare Wrecks in Five Points: Is Uber or the Driver Paying Your Medical Bills?

Five Points is the heartbeat of Columbia nightlife. Between the restaurants, bars, and boutiques, it is the busiest spot in the city for Uber and Lyft drivers. However, with heavy traffic and late-night congestion, accidents are inevitable.

If you are riding in the back of a rideshare vehicle and a crash occurs, your first thought is likely your health. Your second thought is usually: “Who is going to pay for this?”

While you may not be at fault as a passenger, determining fault will depend on the specific circumstances and evidence of each individual case. Navigating the insurance maze in South Carolina can be confusing. Here is a breakdown of how medical bills are handled after a rideshare accident in Five Points.

The Immediate Reality of Medical Bills in South Carolina

Before diving into insurance policies, it is important to understand a hard truth about South Carolina law. Even if the Uber driver or another motorist clearly caused the wreck, their insurance company will not pay your medical bills as they come in.

In South Carolina, liability insurance typically pays out in one lump sum at the end of your claim. This means you are responsible for managing your medical treatment in the meantime. You can use your own health insurance or MedPay coverage to cover initial costs, which your lawyer will then seek to recover from the at-fault party’s settlement.

The Three Phases of Rideshare Coverage

Whether Uber, Lyft, or the driver’s personal insurance pays depends entirely on what the driver was doing at the exact moment of the crash. South Carolina follows specific guidelines for Transportation Network Companies (TNCs).

1. The App is Off

If the driver is not logged into the app, they are just a regular motorist. Their personal auto insurance policy applies. Uber and Lyft provide zero coverage in this scenario.

2. The App is On but No Passenger is Present

If the driver is cruising through Five Points waiting for a ride request and hits you (or you are a passenger in another car they hit), the coverage is limited. South Carolina law requires the TNC to provide contingent liability coverage, but the limits are much lower than when a passenger is in the car.

3. The “Trip” Phase: Request Accepted or Passenger in Car

This is the most common scenario for injured passengers. From the moment the driver accepts your request on the app until you are dropped off at your destination, Uber and Lyft provide significant insurance coverage. In South Carolina, this coverage typically amounts to $1 million in liability.

Does the Driver’s Personal Insurance Ever Pay?

Most personal auto insurance policies in South Carolina have a “business use” or “livery” exclusion. This means if a driver is using their car to make money, the personal insurance company will often deny the claim.

This is why the $1 million policy provided by Uber or Lyft is so vital; it is designed to act as the primary insurance when the driver is actively working. If the rideshare driver was at fault for the wreck in Five Points, you will likely be filing a claim against the TNC’s substantial commercial policy rather than the driver’s personal bank account.

What if Another Driver Hits Your Uber?

Not every wreck in Five Points is the fault of the Uber driver. If another motorist runs a light on Blossom Street and T-bones your rideshare vehicle, that driver is responsible for your medical bills.

However, a common problem in Columbia is “underinsured” drivers. If the person who hit you only carries the state minimum of $25,000 in coverage, it may not be enough to pay for an ER visit and follow-up surgery. In this case, Uber and Lyft provide Uninsured/Underinsured Motorist (UM/UIM) coverage that can step in to fill the gap and ensure your bills are paid.

Steps to Protect Your Claim After a Five Points Accident

If you find yourself standing on a sidewalk in Five Points after a rideshare wreck, take these steps to ensure your medical bills are eventually covered:

• Screenshot the App: Capture your ride details, the driver’s name, and the “in-progress” trip screen. This proves the driver was in “Phase 3” of coverage.
• Call the Columbia Police: A formal police report is the most important piece of evidence for an insurance adjuster.
• Seek Medical Attention Immediately: Even if you feel fine, adrenaline can mask injuries. Documentation of an injury immediately after the crash is crucial.
• Do Not Give a Recorded Statement: Uber or Lyft’s insurance adjusters may call you quickly. They are looking for reasons to reduce the value of your claim. Talk to a lawyer first.

Why Five Points Wrecks are Complex

Accidents in Five Points often involve multiple parties, including pedestrians, delivery drivers, and college students. Determining fault can be difficult. Because South Carolina follows a comparative negligence rule, insurance companies often try to shift blame to avoid paying large settlements. Having a professional who understands the specific traffic patterns of downtown Columbia and the nuances of South Carolina rideshare law can make the difference in getting your bills paid.

Disclaimer

This blog post is for informational purposes only and does not constitute legal advice or an attorney-client relationship. Individuals should seek legal advice from a qualified attorney specific to their situation, as general information may not apply to every case. The South Carolina Bar does not certify specialists in the area of personal injury law.