Nobody wants to experience a car accident. Car accident victims often deal with injuries resulting in hospitalization, pain, trauma, and lost revenue from being absent from work.
Car crash compensation is especially important in circumstances that involve heavy expenses and other financial losses. But what types of car accident compensation are available?
If you contact David R. Price, Jr., P.A., Attorneys at Law, we can help determine what forms of compensation might be available for you to recover from your insurance company or a third party.
How Car Accident Compensation Works in South Carolina
In South Carolina, if you’re involved in a car accident, the person who is found to be at fault is responsible for paying for your damages. This system is based on determining who caused the accident, which means that figuring out who is liable is key to resolving compensation issues.
After an accident, insurance companies typically step in to handle the claims. They assess the situation, determine fault, and negotiate settlements. However, insurance companies often have their interests in mind, which can lead to disputes over how much compensation is owed to an injured person.
Therefore, if you’re involved in a car accident in South Carolina, it’s often beneficial to seek legal assistance to handle your claim effectively, with your best interest at heart, and with the mindset and determination to secure the compensation you deserve.
Understanding South Carolina’s Modified Comparative Negligence Rule
In South Carolina, if you’re involved in a car accident, the modified comparative negligence rule is a crucial concept to understand as it affects how compensation is awarded. This rule is also known as the 51% Bar Rule.
Under this rule, you are entitled to receive compensation for an accident as long as you are not more than 50% responsible for it. However, if you are found to be 51% or more at fault, you are barred from recovering any damages. If you are found to be 50% at fault or less, then your compensation will be reduced by your degree of fault.
For example, if the total damage from a car accident is $10,000, and you are 30% at fault, then your compensation would be reduced by 30%, so you would receive $7,000 instead of the full amount.
Disagreements often arise over how much fault each party had for the accident. These disputes can impact the amount of compensation you might receive, making it essential to have solid evidence and strong legal representation to support your claim.
How Insurance Affects Car Accident Compensation
South Carolina’s minimum insurance requirements dictate the basic amount of insurance coverage each driver must have.
Bodily Injury Liability Coverage
Bodily injury liability coverage is one form of mandatory liability insurance coverage required in South Carolina. It’s awarded to the victims of a car accident for which an insured driver is responsible. It covers damages from bodily injuries such as lost income, medical expenses, pain, and trauma.
Bodily injury liability coverage would also apply to burial costs in the event there are fatalities. The required policy limit for this insurance in South Carolina is at least $25,000 per person and $50,000 for all victims of one accident, but many people purchase more coverage.
Property Damage Coverage
This is the second type of damage covered under mandatory liability coverage in South Carolina. Property damage liability insurance covers any costs resulting from damage to a vehicle in a collision, including compensation for the value of a totaled vehicle, repair costs and diminished value, and loss of use.
The required policy limit is at least $25,000 in South Carolina for property damages caused in one accident, but many people purchase more coverage.
Uninsured Motorist Coverage
All automobile insurance policies in South Carolina must also contain Uninsured Motorist (“UM”) coverage, which applies if an accident is caused by a driver who does not have liability insurance.
The required policy limit for uninsured motorist coverage in South Carolina is at least $25,000 per person and $50,000 per accident for injuries, and $25,000 per accident for property damage, but people can purchase UM coverage up to the amount of liability coverage purchased for the vehicle.
Underinsured Motorist Coverage
Another type of insurance coverage that is comparable to UM is Underinsured Motorist (“UIM”) coverage, which applies if the at-fault driver’s liability insurance policy is not big enough to cover all the damages caused. This insurance is optional, but people can purchase UIM coverage up to the amount of liability coverage purchased for the vehicle.
Who Is Responsible for the Expenses of a Car Crash?
Which party is required to compensate the other depends on the circumstances of the car accident. South Carolina has an ‘at-fault’ approach to car crash compensation claims, meaning that the motorist responsible for causing an accident is expected to cover the damages.
You are eligible for compensation if your car accident attorney can prove that the other at-fault party is at least 51% responsible for the accident. Therefore, you can be compensated even if the accident was partially your fault, but the compensation you can receive from the at-fault party is reduced by your percentage of fault.
Sources from which you can claim compensation for a car accident include:
- The at-fault driver’s insurance company. If the other driver was at fault for the collision, then you can recover from the at-fault driver’s insurance company, although the other driver’s insurance company may try to settle for less than you’re owed.
- Your insurance company. If the at-fault driver was uninsured or underinsured, you may seek coverage from your UM or UIM policy so long as you were not at fault. In addition, if you have collision coverage, medical payments coverage, or personal injury protection (PIP) coverage, you can seek reimbursement from those policies regardless of who was at fault.
What Types of Compensation Can You Receive?
When you’re involved in a car accident, you might be entitled to several types of compensation to help you recover. Here’s what you can expect to receive:
- Medical Expenses: Costs for hospital stays, doctor visits, physical therapy, medications, and any ongoing rehabilitation.
- Lost Wages: If you’ve missed work because of the accident, you can be compensated for your lost income and any future earnings you might lose if you’re unable to return to work.
- Vehicle Repairs or Replacement: If your car was damaged or totaled, you can receive money to repair it or buy a new one.
- Pain and Suffering: This is compensation for the physical pain and emotional distress you’ve experienced.
- Loss of Enjoyment of Life: If your ability to enjoy daily activities or hobbies has been affected, this compensation can acknowledge that loss.
- Punitive Damages: These aren’t common and only apply in cases where the other driver was reckless or intentional in causing the accident, like in DUI or hit-and-run scenarios. Punitive damages are meant to punish the wrongdoer and deter similar actions in the future.
Factors That Impact Your Settlement Amount
Several factors influence the compensation you’re entitled to after a car accident. The severity of your injuries plays a major role, with more serious injuries usually resulting in higher compensation, especially if they cause lasting complications. Lost income due to time off work is another factor, regardless of whether you receive sick pay from your employer.
Medical bills for treatments like hospital care and physical therapy are included in the settlement. Pain and suffering, both physical and emotional, also impact the amount you’re entitled to. This includes both immediate injuries and long-term effects, such as chronic pain or the inability to work.
An attorney can negotiate a fair settlement that takes all of these factors into consideration. However, your lawyer’s knowledge and experience can significantly affect the outcome of your claim. So ensure you choose a highly experienced attorney.
Common Challenges in Getting Full Compensation
When you’re seeking full compensation after a car accident, several hurdles can stand in your way. Here are some of the common challenges you might face:
- Insurance companies might blame you for the accident. Insurers will try to pin some, or all, of the responsibility on you to reduce the amount they have to pay. This can complicate your claim and reduce your potential compensation.
- Delays in medical treatment can weaken your claim. If there’s a long gap between the accident and when you receive medical treatment, insurers may argue that your injuries aren’t as severe as claimed or weren’t caused by the accident. This can make it harder to get compensated for your medical bills.
- Accepting a settlement too quickly. Right after an accident, you might feel pressure to settle from insurance companies. These early offers are often much lower than what you might need to cover all your expenses.
Accepting compensation for your injuries too soon might mean you miss out on compensation for costs that appear later, like ongoing medical care or complications that weren’t apparent initially.
Why You Should Hire a South Carolina Car Accident Lawyer
Hiring a South Carolina car accident lawyer can make a significant difference in your case. Here’s why:
1. Expert Guidance
Car accident laws can be complex. A skilled lawyer understands the legal landscape and can guide you through the process, ensuring that all legal requirements are met.
2. Maximize Your Compensation
Lawyers have the experience to assess the full value of your claim, including factors you may not have considered. They work to ensure that you receive fair compensation for all your losses, both immediate and long-term.
3. Negotiation Skills
Insurance companies often aim to minimize what they pay out. Lawyers are experienced negotiators who can push back against lowball offers and advocate for a better settlement on your behalf.
4. Legal Representation in Court
If a fair settlement cannot be reached, a lawyer will represent you in court. Your lawyer will prepare a strong case on your behalf, using their knowledge and resources to fight for your rights.
5. Protect Your Rights
An experienced lawyer ensures that your rights are protected throughout the process. They’ll help you avoid pitfalls that could undermine your claim, such as signing documents that could be used against you.
FAQs About Car Accident Compensation in South Carolina
+ How long does it take to settle a car accident claim?
The time it takes to settle a car accident claim in South Carolina can vary. Simple cases might settle within a few months, while more complex ones, especially those involving severe injuries or disputes over fault, can take a year or more. The timeline largely depends on the accident details, the clarity of fault, the severity of injuries, the length of time required for medical treatment, and how quickly the insurance companies process the claim.
+ What if I was partially at fault for the accident?
Even if you were partially at fault in a car accident, you might still be eligible for compensation. South Carolina follows a modified comparative negligence rule, meaning as long as you are less than 51% responsible for the accident, you can receive compensation. However, your compensation will be reduced by the percentage of your fault.
Get a Free Consultation for Your Car Accident Case in South Carolina
If you suffer damages in a car accident caused by someone’s negligent or reckless driving, contact the lawyers at David R. Price, Jr., P.A.. We offer a free consultation for anyone who has experienced a car accident.
Call us at 864-271-2636 for legal assistance and representation that you can rely on.