Uber and Lyft crashes in Greenville, SC

South Carolina regulates rideshare companies as “transportation network companies” (TNCs). How much insurance applies depends on what the driver was doing in the app when the crash happened.

The insurance phases

South Carolina's TNC law requires primary insurance that recognizes the driver is using a personal vehicle to carry riders for pay (S.C. Code § 58-23-1630). The required amount depends on the phase:

Rideshare insurance by phase, S.C. Code § 58-23-1630
Phase	Required primary coverage
App off: driver not logged in	No TNC requirement applies; the driver's ordinary policy (minimum $25,000/$50,000/$25,000 under § 38-77-140) is the usual source
App on, waiting: logged in and available, no ride accepted	At least $50,000 per person and $100,000 per incident for death and bodily injury, $50,000 property damage, plus uninsured motorist coverage
On a trip: from accepting a ride until the last rider leaves the car	At least $1,000,000 for death, bodily injury and property damage, plus uninsured motorist coverage

A "prearranged ride" begins when the driver accepts a ride request in the app and ends when the last requesting rider leaves the vehicle (§ 58-23-1610). Coverage may come from the driver's policy, the company's policy, or both. If the driver's insurance has lapsed or falls short, the company's insurance must provide the required coverage from the first dollar and defend the claim. The company's coverage can't depend on a personal insurer first denying the claim (§ 58-23-1630(D)–(E)).

Why the driver's personal policy may not pay

South Carolina lets personal auto insurers exclude all coverage for losses that happen while the driver is logged into a TNC app or giving a ride. That includes liability, uninsured and underinsured motorist, medical payments, comprehensive and collision coverage (§ 58-23-1625). TNCs must tell drivers in writing that their personal policy may not cover them while they're logged in (§ 58-23-1635). That's why establishing the phase at the moment of the crash is so important.

Your situation: passenger, other driver, or pedestrian

Rideshare passenger: you were, by definition, on a prearranged ride, so the $1,000,000 phase applies to the TNC driver's liability. If another driver caused the crash, that driver's insurance is also in the picture.
Driver of another car: if the rideshare driver caused the crash, the phase determines which coverage applies. If the rideshare driver had no passenger and the app was off, it may be just their personal policy.
Pedestrian or cyclist hit by a rideshare car: the same phase analysis applies. See pedestrian crashes and bicycle crashes.
Rideshare driver injured by someone else: the at-fault driver's liability insurance comes first. The TNC policy's uninsured motorist component may matter if that driver was uninsured or unknown.

Driver screening and vehicle inspections

South Carolina law requires TNCs to screen drivers and vehicles. The records can matter if a driver shouldn't have been on the platform:

Before approval and at least annually, the TNC must verify a valid driver's license, an age of 21 or older, a 10-year driving record, a local and national criminal background check including the sex-offender registry, and proof of personal auto liability insurance (§ 58-23-1650).
Drivers convicted within the past 10 years of DUI, fraud, using a vehicle to commit a felony, and certain other crimes may not drive, nor may anyone who is under the influence (§ 58-23-1650(F)).
A certified mechanic must inspect the vehicle within 30 days of its first use and at least annually. The inspection covers brakes, steering, lights, tires, mirrors and seatbelts, and the TNC keeps the records for three years (§ 58-23-1640).

Trip records to save

Your electronic receipt. TNCs must provide one showing the origin, destination, duration and distance, fare, and the driver's first name (§ 58-23-1660(A)(3)). Screenshot it.
The driver's identification. Drivers must display a badge, which may be shown in the app, with their photo, first name, vehicle make and model, and plate (§ 58-23-1660(A)(4)). Screenshot the trip screen.
Insurance and app status. After a crash, the TNC driver must provide proof of coverage on request and disclose whether they were logged in or on a ride (§ 58-23-1630(H)). Write down what they tell you.
In-app reports you file with the company, and its responses.

Practical steps

Call 911 if anyone is hurt; injury crashes must be reported immediately (§ 56-5-1260). Get the collision report, keep your medical records, and be careful about giving recorded statements to any insurer until you understand which policy is primary.

Deadline

Rideshare injury claims follow the general three-year rule (§ 15-3-530(5)). The company's records, however, are only kept for the periods set by its own policies or the law. See deadlines.

If you were the rideshare driver

Your own injuries: the TNC-phase policy must include uninsured motorist coverage as required by § 38-77-150 while you're logged in or on a trip (§ 58-23-1630(B)–(C)). If another driver caused the crash, their liability insurance is also in play.
Your car: if the TNC's insurer pays a comprehensive or collision claim, payment must go directly to the repair business or jointly to you and your primary lienholder (§ 58-23-1630(I)).
The insurer may be unfamiliar: TNC coverage may be placed with an eligible surplus lines insurer (§ 58-23-1630(F)). Get the insurer's full name and claim number in writing.
Your duties: on request, give proof of coverage and your app status to the other parties, insurers and the investigating officer (§ 58-23-1630(H)).

Questions to ask a lawyer about a rideshare crash

Which phase was the driver in at the moment of the crash, and how will we prove it?
Which insurer is primary here, and has anyone confirmed the TNC's policy limits?
If I was a passenger, does my own UM/UIM coverage also come into play?
If I was in another car, could the TNC driver's personal insurer deny coverage, and what then?
What app data should be preserved, and how do we request it?