blog home Car Accident Filing a Car Accident Claim in South Carolina

After suffering a car accident in South Carolina, you may be wondering what happens next. You’ve heard about compensation, but how do you get it?

These cases are often settled without court intervention, through the at-fault party’s insurer agreeing to a request to pay compensation to the injured party. However, where this method fails to produce a satisfactory outcome, the injured party can file a claim, otherwise known as a lawsuit, with the court. In South Carolina, an injured party must file a lawsuit for damages within three years from the date of the accident.

If you have been involved in a car accident in South Carolina due to another person’s negligence, Allen Law can help you obtain the compensation you deserve – whether through negotiating a settlement or arguing your case in court.

Call us today at (843) 882-5005 for a free consultation so we can discuss how to best help you.

Determining Fault

Ultimately, to receive compensation for your injuries after a car accident, the other party must be at fault. This means their negligence must have caused the accident and your resulting injuries.

In simple cases, the at-fault party’s insurer may accept fault and agree to pay compensation. In more difficult cases, an investigation will be necessary to determine fault. The assistance of a lawyer can be crucial to proving fault to an insurer or a Judge. Police reports will also be used to assist in establishing fault where it exists.

South Carolina follows a “modified comparative negligence” rule for personal injury cases. Following this rule, an injured party can still receive compensation even if they contributed to the accident, as long as their share of fault is less than 51%. Where the claimant’s fault is under this threshold, their compensation is reduced by the amount they are deemed to have contributed to the accident.

What to do following an Accident

Following an accident, the most important step is to ensure anyone who requires medical attention receives it. Once immediate medical needs are cared for, the crash should also be reported to law enforcement.

Where possible, taking photos of the scene can assist with determining fault later down the line. It is also wise to obtain the information of the other party at this stage.

Contact an attorney as soon as possible so they can ensure you do not do or say anything that may prejudice your case and can ensure you have all the evidence you may need.

Auto-insurance Requirements

South Carolina laws require all drivers to have minimum levels of insurance. This includes:

  • $25,000 liability insurance for bodily injury to one person and $50,000 for bodily injury per accident
  • $25,000 liability insurance for property damage per accident
  • Uninsured/underinsured motorist liability cover to protect yourself against uninsured drivers at the same minimum levels as above.

How a Lawyer Can Help

The crucial role of car-accident lawyers is to help their clients receive compensation for their injuries as a result of the accident. This can include compensation for a range of losses, including medical expenses and lost income, as well as pain and suffering.

Having a skilled lawyer on your side ensures you receive the compensation you deserve. A lawyer can handle any correspondence with insurance companies for you, negotiate a fair settlement, establish fault, and argue your case in court.

Attorney Julian Allen, as a former insurance defense attorney, knows the tactics used by insurance companies to deny or mitigate claims and how to counter them.

Call Allen Law today at (843) 882-5005 and leave your case in safe hands.

Posted in: Car Accident