Understanding Your Options After a Car Accident in South Carolina

When you get injured in a car accident in South Carolina, it is important make sure you know your options. From repair bills and medical expenses to lost wages, today, car accidents are more expensive than ever. Serious accidents can also cause emotional trauma, pain and suffering, and other “non-financial losses,” and car accident victims can recover financial compensation for these losses under South Carolina law in many cases as well.

5 Options for Recovering Your Losses After a Car Accident in the Palmetto State

So, what are your options if you’ve been seriously injured in a collision? Here are five options for recovering your losses after a car accident in South Carolina:

1. File a Claim Under the Other Driver’s Insurance Policy

In South Carolina, all drivers are required to carry liability insurance under their auto policies. This is the insurance that covers other drivers’ and passengers’ costs when the insured driver is at fault in a collision. So, whether your accident happened in Charleston, Columbia, Greenville, Rock Hill, or anywhere else in the state, the driver who hit you should have coverage.

Of course, this is only an option if the other driver was at fault. If the other driver wasn’t at fault, you may need to file a claim under your policy, or you may need to work with a lawyer to explore the other options you may have available.

2. File a Claim Under Your Insurance Policy

As we just discussed, if the other driver wasn’t at fault, you may need to file a claim under your auto insurance policy. In this scenario, you may—unfortunately—be limited to obtaining medical payments (or “MedPay”) coverage for your injuries. MedPay is no-fault insurance (so you can file a claim even if you caused the collision), but coverage limits are usually fairly low.

You can also file a claim under your insurance policy if you were injured by a negligent driver in some cases. This is an option in three primary scenarios—provided that you (or a member of your household) have opted to purchase uninsured/underinsured motorist (UIM) coverage:

• The At-Fault Driver Fled the Scene – If you were injured in a hit-and-run accident in South Carolina, you can use your UIM coverage to secure compensation.
• If the At-Fault Driver Doesn’t Have Insurance – You can also use your UIM coverage if you got hit by a driver who doesn’t have auto insurance.
• If the At-Fault Driver is Underinsured – A driver is considered to be “underinsured” if his or her policy limits do not fully cover the costs of your accident-related injuries. UIM coverage applies in this scenario as well.

Unlike filing a MedPay claim, filing a UIM claim with your insurer requires proof of fault. As a result, this process is very similar to filing a claim with an at-fault driver’s insurer, and this means that it is best to have an experienced lawyer on your side.

3. File a Workers’ Compensation Claim (if You Were on the Clock Behind the Wheel)

If you were working at the time of your car accident, you may also be able to file a workers’ compensation claim. Workers’ compensation covers most work-related injuries in South Carolina, including injuries suffered in work-related vehicle collisions.

Just like filing a fault-based insurance claim, filing a workers’ compensation claim after a car accident is not easy. A lawyer who handles work injury claims in South Carolina will be able to determine your eligibility, calculate your benefits, and work to obtain a lump sum settlement on your behalf.

4. File a Claim Against the Other Driver’s Employer (if He or She was Working)

If the other driver was working at the time of the accident (and he or she was at fault in the collision), you may also be able to file a claim against his or her employer. This is not a workers’ compensation claim, but instead a claim under the employer’s commercial liability insurance policy. Employers are responsible (or “vicariously liable”) for their employees’ negligence in most cases, and most companies have substantial insurance policies to cover themselves in this exact scenario.

5. File a Third-Party Claim for Your Car Accident

The fifth option for recovering your losses after a car accident in South Carolina is to file a “third-party” claim. This is a claim against a company or government entity that is responsible for your accident even though it wasn’t directly involved. Some common scenarios in which car accident victims will be able to file third party claims include:

• Car accidents caused by vehicle defects (i.e., tire blowouts or brake failures)
• Injuries caused by vehicle defects (i.e., an exploding airbag)
• Car accidents caused by road hazards, defects, and dangerous highway construction zones

What Are Your Next Steps?

Given that you have so many options, what are your next steps. Since the specific steps you need to take depend on the type of claim (or claims) you need to file, it is important to hire an experienced lawyer to help you. You can hire a car accident lawyer in South Carolina at no-out-of-pocket cost, and you can get started with a free consultation online 24/7. When you meet with a lawyer, your lawyer will go over the options you have available; and, if it appears that you have a claim (or claims), your lawyer will investigate and begin working to recover just compensation on your behalf.

Can you try to handle your situation on your own? You certainly can—there’s nothing stopping you. But, there are several reasons why this isn’t your best option. Not only are there many costly mistakes an experienced lawyer can help you avoid; but, with an experienced lawyer on your side, you can take home more than you could recover on your own. Even taking your legal fees into account (which, with contingency fee representation, you only pay if you win), a lawyer can help maximize your recovery by seeking compensation you wouldn’t be able to effectively seek on your own.