If you’ve been involved in a car accident in South Carolina, you’re likely facing a situation filled with confusion and worry. It’s normal to feel uncertain about what steps to take next. You’re not alone in this, and you don’t have to navigate this difficult time by yourself. If you’re seeking legal assistance for your case, we’re here to help. At McCutchen Vaught Geddie & Hucks, P.A., we understand the emotional toll a car accident can take, and we want to guide you through this process to ensure you get the justice you deserve. Here are 10 important things you need to know about car accident laws in South Carolina.

South Carolina Follows Comparative Fault Rules

In South Carolina, the law follows a system called comparative fault. This means that in a car accident, each party involved can be assigned a percentage of blame. If you are partially responsible for the accident, you can still recover compensation, but the amount you receive will be reduced by your percentage of fault. For example, if you are found to be 30% at fault and the other driver is 70% at fault, your compensation will be reduced by 30%. Understanding how this works is important because it affects your potential recovery.

There Are Time Limits for Filing Claims

Every state has laws that limit the amount of time you have to file a lawsuit after an accident, and South Carolina is no different. The statute of limitations for car accidents in South Carolina is three years from the date of the accident. This means that you have three years to file a lawsuit in civil court. If you fail to do so within this time frame, you may lose your right to seek compensation altogether. It’s crucial to get started on your case as soon as possible so you don’t miss this important deadline.

Insurance Requirements for Drivers in South Carolina

South Carolina requires all drivers to carry car insurance. At a minimum, drivers must have liability insurance with coverage for bodily injury and property damage. The minimum coverage required is $25,000 for bodily injury per person, $50,000 for total bodily injury for multiple people, and $25,000 for property damage. However, many drivers choose to carry more coverage to ensure they are fully protected in case of an accident. If you are involved in an accident with an uninsured driver or a driver with insufficient coverage, you may be able to seek compensation from your own insurance policy, depending on your coverage.

Your Insurance Coverage Can Impact Your Recovery

In addition to understanding the minimum insurance requirements, it’s important to know how your own insurance coverage can affect your recovery. In South Carolina, drivers are not required to carry uninsured or underinsured motorist coverage, but it’s highly recommended. If the driver who caused your accident is uninsured or underinsured, this coverage can provide financial support for medical expenses, lost wages, and property damage. If you are unsure about your current coverage or have questions about how it may impact your claim, it’s essential to discuss your situation with a legal professional who can guide you through the process.

South Carolina Is an At-Fault State

South Carolina is considered an at-fault state when it comes to car accidents. This means that the person who is found to be at fault for the accident is responsible for paying for the damages. If the other driver is determined to be at fault, you can pursue a claim for compensation through their insurance company. However, if you are found to be at fault, you may have to rely on your own insurance to cover the costs of the accident. It’s important to gather as much evidence as possible after an accident to help determine fault and ensure that your case is handled appropriately.

You Can Seek Compensation for Pain and Suffering

If you are involved in a car accident, the physical and emotional pain you experience is something the law recognizes. In South Carolina, you may be able to seek compensation for pain and suffering, in addition to medical bills, lost wages, and property damage. Pain and suffering compensation is subjective and can vary depending on the severity of your injuries, how they affect your daily life, and how long your recovery will take. While this type of compensation is harder to quantify, an experienced attorney can help ensure you pursue all available avenues for compensation.

Medical Payments Coverage Can Help with Expenses

One important type of insurance coverage you should be aware of is Medical Payments Coverage, or MedPay. This is optional coverage that can help pay for medical expenses resulting from a car accident, regardless of who is at fault. It can cover things like hospital bills, doctor’s visits, and even funeral costs in the event of a fatal accident. If you have MedPay coverage, you may be able to get immediate help with medical costs, which can alleviate some of the financial stress that comes with an accident.

What to Do If You’re in an Accident

After a car accident, it’s critical to take certain steps to protect yourself and your case. First, make sure you are safe and seek medical attention if necessary. Even if you feel fine right after the accident, it’s a good idea to see a doctor to check for any injuries that may not be immediately apparent. Next, gather information at the scene, including the other driver’s name, insurance information, and contact details. If possible, take pictures of the scene, your vehicle, and any visible damages. It’s also important to report the accident to the police, as an official report can serve as valuable evidence in your case. Finally, contact an attorney as soon as possible to ensure your rights are protected.

Accident Settlements Are Often Negotiable

In many cases, insurance companies will offer a settlement after a car accident. However, these offers are often lower than what you may be entitled to. Insurance companies are primarily concerned with minimizing their financial payouts, which can lead them to offer settlements that don’t fully cover your expenses or damages. It’s important to review any settlement offer carefully and consult with a lawyer before accepting it. In many cases, settlements are negotiable, and having a skilled attorney on your side can help you secure a more favorable outcome.

Why You Need an Attorney for Your Case

Dealing with the aftermath of a car accident can be overwhelming, especially when you are faced with insurance claims, medical bills, and the complexities of the legal system. Hiring an attorney who is familiar with South Carolina’s car accident laws can significantly improve your chances of a successful case outcome. An attorney can help you gather evidence, negotiate with insurance companies, and ensure that you pursue the maximum compensation available for your injuries. If you are unsure about how to proceed with your case, contacting a law firm can provide you with the guidance and support you need during this difficult time.

At McCutchen Vaught Geddie & Hucks, P.A., we are here to help you navigate the challenges of a car accident case. Our team is dedicated to ensuring that you get the compensation you deserve, and we understand how stressful this process can be. If you need assistance with your car accident claim in South Carolina, contact us today to discuss your case and how we can help you achieve the best possible result.

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