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Tryon, North Carolina, claims to be “The Friendliest Town in the South.” With almost perfect weather year-round, scenic beauty in view for 360 degrees, and a population of only 1,615 (from the 2020 census), it does seem like an ideal place to live. Tryon lies within 4 miles of Interstate Hwy 26 and less than an hour from several major metropolitan areas, including Asheville, NC, Spartansburg, and Greenville, SC. The proximity to highways also means the potential for car wrecks is high.
If you hired an Uber from Tryon to the “big city” to do some shopping and had an accident, you have questions and need answers now. The Uber rideshare accident team at Farmer & Morris, PLLC, is prepared to provide the answers you need and to fight for the compensation you deserve.
Can You Sue an Uber Driver?
Yes, you can file a lawsuit against Uber or one of their rideshare partners. North and South Carolina are both “At-Fault” states. That means the person responsible for causing a wreck is liable for the damages.
All drivers in North Carolina, per G.S. 20-279.21, must carry a liability insurance policy that covers a minimum of:
- $30,000 for bodily injury coverage for one person
- $25,000 for property damage
- $60,000 for bodily injury where two or more people are involved
If your driver is from South Carolina, coverage minimums vary slightly:
- $25,000 per person for bodily injury
- $50,000 for all persons injured
- $25,000 for all property damage
Understanding Uber’s “Million Dollar Policy”
Uber carries additional insurance that may supply additional compensation. Specific circumstances must occur to put the Uber “Million Dollar Policy” into effect.
If the driver is offline or has the driver app off, then only their insurance coverage would be in effect.
If a driver has the driver app on and the driver is available and waiting for a ride request, then Uber offers minimum coverage, including:
- $50,000 per person for bodily injury
- $100,000 total bodily injury per accident
- $25,000 total property damage
When the driver app is on, the driver has accepted the ride request and is either picking up a rideshare passenger or transporting passengers, Uber maintains the following coverage:
- $1,000,000 for third-party liability
- (Varies by state) Bodily injury coverage for underinsured or uninsured motorists and first-party bodily injury insurance
- Collision coverage up the value of the vehicle with a $2,500 deductible
Compensation You May Be Able To Receive
When our Uber rideshare accident lawyer fights for your compensation, there are two categories of damage – economic and non-economic.
Economic Damages
Economic damages are costs and expenses that you have that are directly related to the accident, including:
- Medical expenses for ambulance transportation, hospitalization, medical treatment, surgeries, follow-up appointments, physical therapy, medications, medical equipment, and even home modifications.
- Lost wages may include regular wages, commissions, lost benefits, vacation pay, potential raises, the loss of future earning potential due to disability, or a change in your job due to your injuries.
- Future medical expenses consider ongoing or prospective medical treatment necessary due to your injuries.
- Property damage includes repair or replacement of your vehicle and the items that received damage due to the accident, such as electronics, a child car seat, or other things in the vehicle at the time of the accident.
Non-Economic Damages
Non-economic damages are for things that do not have a direct monetary cost. The compensation that our Uber accident lawyer will fight for include:
- Pain and suffering can include past, current, and future mental anguish, anxiety, physical pain, disability, disfigurement, and other temporary or permanent conditions that affect you after an accident.
- Loss of consortium is an inability to continue relationships due to your injury.
- Loss of enjoyment of life includes not being able to do things you previously enjoyed, such as coaching your child’s sports team.
Wrongful Death
If you lost a loved one in an accident involving an Uber driver, allow us to offer condolences to your family for its loss. It is never easy to lose a family member, but our accident team can fight for compensation to cover:
- Funeral and burial expenses
- Lost wages if the primary family wage earner died in the wreck
- Loss of future wages that would have provided support for the family
- Loss of companionship
What Steps To Take After a Wreck in an Uber Rideshare
Uber spells out the steps their drivers should follow if involved in an accident while providing rideshare services:
- Check to ensure the safety of all persons
- Contact police or paramedics if necessary
- Report the wreck to Uber using the driver report form
If you are a passenger, you may report the accident also using the Uber app. You should assess your physical condition:
- Are you feeling pain?
- Are other passengers and the driver OK?
- Is anyone bleeding and in need of immediate medical assistance?
Contact police or emergency services if anyone has serious injuries. If you have determined that no one is hurt severely, you should go to a safe area to exchange information about the accident, including:
- The Uber driver’s name
- Other passenger names
- License plate number, make, and model for all vehicles involved
- Insurance information for all vehicles
- Contact information from witnesses
- The location where the accident occurred
Do You Need a Lawyer To Get Compensation From Uber?
If you were injured, having an Uber accident lawyer means you can concentrate on healing. Our accident team will conduct an investigation, collect the necessary documentation, and build your claim for you.
Our team understands the laws regarding vehicle wrecks, insurance, and how rideshare laws may affect your claim. You might be able to receive compensation from Uber without an attorney, but you will have peace of mind knowing we are fighting for you. At the same time, you work on recovering from your injuries.
Do You Have a Time Limit to File a Claim?
The statute of limitations to file a claim for personal injury is three years from the date of the accident in both North Carolina (G.S. § 1-52) and South Carolina (S.C. Ann § 15-3-530).
In North Carolina, you must file a wrongful death claim within two years from the date of death (G.S. § 1-53). You have three years in South Carolina for wrongful death claims. Although two and three years may seem like an extended period, it can go by quickly while you are busy recovering from injuries or grieving the death of a loved one.
Contact Farmer & Morris Law, PLLC for a Free Case Evaluation
Our Tryon Uber rideshare accident lawyer will fight for compensation for you. If you have received injuries as an Uber passenger or driver or after being involved in a wreck with a driver operating in an Uber rideshare capacity, our Uber accident team can help. Contact Farmer & Morris Law, PLLC, for your free case evaluation.
