Should I claim against my rideshare driver or the other driver in Aberdeen?
If you were hurt in an Uber or Lyft on U.S. 12 near the Aberdeen Mall or at a slick intersection like 6th Avenue SE and Melgaard Road, the smarter move is usually not to choose just one driver too early. In South Dakota, fault can be split, and a rideshare passenger often needs to make claims against every driver who may share blame before evidence and coverage positions harden.
If the rideshare driver caused the crash - speeding, texting, following too close, or sliding too fast in hail or on ice - start with the rideshare driver's insurance chain. During an active trip, Uber or Lyft typically has a commercial liability policy in play. Get the trip receipt, the Aberdeen Police Department crash report, and screenshots showing you were a paying passenger.
If the other driver caused it - ran a light, crossed center, or started a pileup - make the claim against that driver's insurer first, but do not let the rideshare company off the table until the facts are nailed down. South Dakota fault fights change fast once vehicle damage photos, app data, and witness statements come in.
If both drivers may share blame, open claims against both. That is often the safest path. South Dakota uses a harsh comparative fault rule: an injured person can recover only if their own negligence was slight compared with the other side's. As a passenger, you are usually in a better position than the drivers, but insurers still may argue you distracted the driver, got into a car with an impaired driver, or are overstating injuries.
Act now because the statute of limitations is 3 years from the crash date, and year-end renewals and rushed settlement offers can box you in early. Preserve:
- Police report
- Rideshare app records
- Photos of all vehicles and the road
- Witness names
- Medical records and bills
Do not accept one insurer's story about fault until all drivers' roles are checked.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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