## Rideshare (Uber/Lyft) accidents in South Dakota Rideshare accidents involve unique insurance issues, multiple potentially-liable parties, and tight coverage thresholds based on driver's status at the time of the accident. ## The 3-tier insurance structure **Period 0 — App OFF (driver not working):** - Driver's personal auto insurance only - Often state minimums - Personal liability limits - Most basic coverage **Period 1 — App ON, awaiting trip request:** - Uber/Lyft contingent coverage - Typically $50K bodily injury per person - $100K bodily injury per accident - $25K property damage - Driver's personal insurance primary if available - Many personal policies EXCLUDE rideshare **Period 2 — Trip accepted, driving to pickup:** - Uber/Lyft commercial coverage - $1M+ liability coverage - $1M uninsured/underinsured motorist - Comprehensive + collision (with deductible) **Period 3 — Passenger in vehicle:** - Uber/Lyft commercial coverage - $1M+ liability coverage - $1M uninsured/underinsured motorist - Same as Period 2 **The exact moment of accident matters enormously.** ## Common rideshare accidents **Passenger injuries:** - During trip (Period 3) — best coverage - During pickup approach (Period 2) — same - Highest insurance limits - Multiple potential defendants **Pedestrian / cyclist hit by rideshare driver:** - Coverage depends on period - Insurance investigation immediate - Multiple defendant scenario **Rideshare driver injured:** - Workers' comp issues - Independent contractor classification - Different rules per state - Sometimes contested **Other vehicle hit by rideshare:** - Standard liability claim - Insurance period issue - Coverage may be limited **Multi-vehicle accidents:** - Multiple insurance companies - Apportionment of fault - Subrogation issues - Complex coordination ## Independent contractor classification **Critical legal issue:** - Uber/Lyft classify drivers as independent contractors - Limits company liability - Affects workers' compensation - Some states reclassifying as employees - California Prop 22 + similar laws - Active litigation across country **Implications:** - Worker's comp may not apply for driver injuries - Vicarious liability limited - Insurance structure based on this - Tax / employment law issues ## Critical evidence preservation **Immediately after accident:** - **Screenshot rideshare app** showing trip status - Take photos before app status changes - Preserve trip details (time, fare, route) - Get driver's name + license - Photos of scene + vehicles - Witness contact info - Police report - Medical evaluation immediately **The app status determines insurance.** ## Common defendants **Multiple potential parties:** 1. **Rideshare driver** (always) 2. **Uber / Lyft** (per period) 3. **Other vehicle drivers** 4. **Other drivers' employers** (if business vehicle) 5. **Vehicle manufacturer** (defects) 6. **Maintenance services** (negligent maintenance) 7. **Government entities** (road defects) ## Insurance complications **Why rideshare cases are difficult:** **1. Coverage gaps:** - Driver's personal policy may exclude rideshare - Period 1 coverage often inadequate - Subrogation between insurers - Coverage disputes **2. Multiple insurers:** - Driver's personal insurance - Rideshare contingent coverage - Rideshare commercial coverage - Other vehicle's insurance - Health insurance subrogation **3. Coverage primary / excess:** - Driver's personal usually primary if covered - Rideshare often excess - Specific coordination terms - Often disputed **4. Independent contractor wrinkle:** - Vicarious liability limited - Insurance structure based on contractor status - Ongoing legal challenges ## Damages typically pursued **Compensatory:** - Medical expenses (past + future) - Lost wages (past + future) - Diminished earning capacity - Pain & suffering - Mental anguish / PTSD - Disfigurement / scarring - Loss of enjoyment of life - Loss of consortium **Punitive damages possible:** - Drunk driving - Distracted driving - Reckless behavior - Egregious conduct **Wrongful death:** - Funeral expenses - Lost financial support - Lost companionship - Survivor pain & suffering ## Statute of limitations **${s.name}-specific:** - Generally 1-3 years from accident - Wrongful death may differ - Government claims (notice required) - Don't delay ## Sexual assault by rideshare drivers **Increasingly common claim type:** - Negligent hiring of drivers - Inadequate background checks - Failure to address complaints - Multiple major lawsuits + settlements - Specific class actions ongoing **Victims typically pursue:** - Driver criminal prosecution - Civil claims against driver - Civil claims against Uber/Lyft - Class actions sometimes - Specialized representation ## Strategic considerations **For passengers / injury victims:** - Get app screenshot immediately - Don't rely on driver's word for insurance - Demand all coverage limits info - Use rideshare reporting in app - Hire experienced rideshare attorney **For drivers:** - Have rideshare-specific insurance endorsement - Personal policy alone often inadequate - Document rideshare time meticulously - Report incidents to rideshare company - Consult attorney before talking to insurance ## Common scenarios **Scenario 1: Passenger injured in driver's accident.** - $1M coverage available (Period 3) - Strong case typically - Driver, Uber/Lyft both potentially liable - Other driver also defendant if contributory **Scenario 2: Rideshare driver waiting for ride hits pedestrian.** - Period 1: $50K/$100K coverage - Often inadequate for serious injuries - Personal policy may exclude - Coverage gap issue **Scenario 3: Rideshare driver injured in accident.** - Workers' comp if driver classified as employee - Personal injury claim against other party - Uber/Lyft UM/UIM coverage during Period 2/3 - Complex coverage analysis **Scenario 4: Rideshare driver hits another car en route to pickup.** - $1M coverage (Period 2) - Strong recovery available - Multiple insurers ## Recent legal developments **Ongoing issues (2025+):** - Driver classification disputes - Insurance coverage disputes - State-by-state regulation - Sexual assault litigation - Background check requirements - Always check current law ## Class actions + mass torts **Sexual assault MDL:** - Multidistrict litigation - Specific MDL proceedings - Specialized representation - Major settlements **Worker classification:** - Class actions - Reclassification efforts - Significant settlements ## What you should do If you're injured in a rideshare accident in South Dakota: get app screenshot immediately, document everything, seek immediate medical attention, and consult a personal-injury attorney with rideshare experience. Many South Dakota PI attorneys handle these cases on contingency. Insurance complexity makes specialized representation valuable. Don't talk to insurance adjusters before consulting counsel. --- *This guide is general information about South Dakota law as of mid-2026 and is not legal advice. Rideshare cases are technically complex. Talk to a licensed South Dakota personal-injury attorney about your specific situation.*