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. But what types of car accident compensation are there?
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.
Bodily Injury Coverage
Bodily injury liability is one form of mandatory liability insurance coverage required in South Carolina. It’s awarded to the victims of a car accident that an insured driver is responsible for. It covers damages 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 an uninsured motorist. The required policy limit for uninsured motorist insurance 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 comparable coverage to UM is Underinsured Motorist (“UIM”) coverage which applies if the at-fault driver’s liability insurance is not enough to cover all the damages caused. This insurance is optional, but people 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 compensates another 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 supposed 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 50% 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 you can claim car accident compensation from 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.
Factors that Determine How Much Compensation You Are Entitled To
The following factors influence car accident compensation settlements:
Degree of injuries
The severity of your injury plays the most significant part in determining how much you are eligible for in a compensation claim. If you are severely injured, then you may be entitled to significant compensation, particularly if you develop complications that cannot be healed completely.
If an accident requires you to miss work while you recuperate, then you are entitled to compensation for your lost wages. This is irrespective of your employer paying you while on sick leave.
You are entitled to medical expenses following hospital admission charges, medications, physical therapy, and other services.
Pain and suffering
Physical and mental trauma is another aspect that weighs how much victims of car accidents are entitled to in settlements. You need an experienced personal injury attorney to negotiate on your behalf for a fair settlement.
You are also entitled to compensation for damages to your vehicle and other personal property that is damaged in a wreck, including items you were moving at the time of the accident.
What If the Compensation After a Car Accident is Too Low?
If an insurance company fails or refuses, to negotiate a settlement that is fair to you, then you can file a lawsuit against the at-fault party for the court to the amount of compensation to which you are entitled.
Talk to Experienced Car Accident Attorneys
If you suffer damages in a car accident caused by someone’s negligent or reckless driving, contact us at David R. Price, Jr., P.A., Attorneys at Law, in Greenville, South Carolina, for legal assistance and representation.
Car Accident FAQs
Is it wrong to admit fault in a car accident?
Yes, because you may not be of sound mind after an accident to recollect what led to the accident, and you may lower your chances of securing your rightful compensation.
How much am I entitled to in accident compensation?
The extent of your bodily injuries and vehicle damage, among other losses, determine how much you are eligible for in compensation.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.