Answers to Injury Questions From a South Carolina Car and Truck Crash Lawyer
After a South Carolina car accident, you need answers you can rely on. On our FAQ page, we have compiled a list of the most common car accident questions, including queries on insurance, trucking company claims, property damage, and more.
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How do I handle my property damage claim after a car accident?
Depending on what type of automobile insurance you have, you may be able to simply report the accident to your insurance company and they will repair your car. If you have the right coverage, your insurance company will pay for the repairs and then seek repayment from the at-fault driver’s insurance company. Your insurance company will then have what is known as a subrogation lien against the at fault driver’s insurance company for the property damage. On the other hand, if you do not have adequate coverage, you will have to report the accident directly to the at-fault driver’s insurance company. This is usually a longer process, and often the insurance company may dispute liability or costs of repair. If our office handles your personal injury claim, we will help you with your property damage claim for no additional charge.
Why do I need to hire a lawyer after a car accident if I have car insurance?
Many people think that because the law requires you to have automobile insurance that the insurance company will simply pay for any injuries after a car accident. Unfortunately, this is simply not the case. Insurance companies stay in business by collecting premiums and paying out as little as possible. In many instances, the insurance company will deny liability completely. Even if the insurance company does accept liability, they are not going to offer an individual the full amount they may be entitled to under the law. Moreover, in certain situation, depending on the amount of medical bills and the amount of available insurance, there will not be enough insurance to cover the full cost of the medical bills. In this instance, it is important to hire an experienced car accident lawyer who is capable of negotiating with medical providers regarding any possible liens. The only way to know you are receiving a fair offer is to consult with an experienced personal injury lawyer about your car accident settlement.
Can I still file a lawsuit if I wasn’t wearing a seatbelt?
Yes, you can still file a lawsuit if you were not wearing a seatbelt, however, there is a chance that your potential compensation may be reduced to a certain extent. South Carolina follows what is known as comparative negligence. This means that any potential recovery a plaintiff may be entitled to in a person injury claim will be reduced by the extent that the plaintiff is negligent themselves, so long as the plaintiff is found to be less than fifty percent negligent for their injuries. For example, if a jury finds that the defendant is ninety percent negligent for your injuries but you were ten percent at fault for your injuries, your overall damages may be reduced by ten percent.
What should I do if I’ve been involved in a car accident?
The first, and most important, thing you should do if you’ve been involved in the car accident is call 911. This will allow you to seek medical treatment and have the police arrive to the scene and file an accident report. If you are seriously injured, you should let EMT treat you and transport you to the hospital as soon as possible. If you are not seriously injured, it can be beneficial to document the position of the cars and property damage with your cell phone. When the police arrive, get the names and addresses of any potential witness as well as a copy of the police report and FR-10 report to file with your insurance company. Be sure to report your accident to your insurance company within fifteen days from the accident.
You see many personal injury commercials on television that advise you to call an attorney immediately following an accident, such as while you are still at the scene of the accident. There is nothing a lawyer can do for you while you are at the scene of the accident. The lawyer is not going to come to the accident site and document the accident for you. It is not necessary to call an attorney at the scene of the accident and, in fact, it can look bad on your part if you do so. In short, seek appropriate medical treatment, call the police to report the accident and follow up with an attorney when you are in a stable situation.