People looking for skilled South Carolina car accident lawyers can count on the team at Double Aught Injury Lawyers. Our attorneys have more than 60 years of combined legal experience handling injury and accident cases.
During their respective legal careers, attorney Bryan Ramey and attorney Samuel Harms have addressed many questions related to insurance claims and auto collisions. Below are some answers to the most frequently asked questions our law firm has received over the years.
If you need to speak with an auto collision attorney about your case, contact our Upstate South Carolina law offices today. We have law offices in Greenville, Powdersville, and Spartanburg, SC.
Do I need auto insurance in South Carolina?
Yes. According to the South Carolina Department of Insurance (SC DOI), the state requires liability and uninsured motorist coverage with the following minimum limits:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $25,000 property damage per accident
It’s worth noting that the state of South Carolina requires auto insurers to offer underinsured motorist coverage, but you are not required to buy it.
The SC DOI notes that teen drivers can either have their own insurance policy or be added to their parents’ insurance policy. The latter is typically more affordable. In addition, there are potential discounts for teen drivers depending on their grades, driving record, and other factors. Reach out to your insurance provider to learn more about possible savings for your teenage child.
Do trucking companies require insurance coverage in South Carolina?
Yes, South Carolina requires trucking companies to have a minimum amount of liability coverage. The minimum amount of liability coverage will vary based on the size of the commercial truck (under/over 10,001 lbs.) as well as the type of freight the large truck carries.
The traditional 25/50/25 auto insurance coverage does not apply to big rigs or tractor-trailers because of the severe injuries and property damage that can occur in accidents with large trucks and 18-wheelers.
Are there insurance requirements for South Carolina Uber and Lyft drivers?
Yes, and different kinds of insurance coverage may apply based on the nature of the crash. Both Uber’s insurance resource for drivers and Lyft’s insurance resource for drivers note three distinct scenarios:
- When the rideshare app is off, the rideshare driver’s personal auto insurance applies.
- When the rideshare app is on and the rideshare driver is eligible to receive a rider, the rideshare company provides third-party liability insurance of at least $50,000 bodily injury per person, $100,000 bodily injury per accident, and $25,000 property damage per accident.
- When the rideshare app is on and the rideshare driver is en route to pick up a fare or has a fare in the vehicle, the rideshare company may have additional coverage in accordance with South Carolina law.
If you were hit by a negligent Uber or Lyft driver or were a passenger injured in a rideshare accident, contact our Upstate South Carolina accident attorneys to discuss what happened.
What happens if you have no insurance but the other driver was at fault?
If you were an uninsured motorist in a car accident or motorcycle collision caused by another driver, you may be able to receive a settlement offer from the other driver’s insurance provider or seek legal damages in a personal injury case.
However, you may be subject to fines and other legal penalties for failing to have auto insurance, especially if you were partially at fault for the crash.
What happens if I am partially at fault for a car accident?
South Carolina is a modified comparative negligence state. Also known as modified comparative fault, this rule means that a person can still collect legal damages if they were less than 51% responsible for the accident. This applies to motor vehicle crashes, auto accidents with pedestrians, and other injuries caused by another party’s negligence.
The nature of the accident will affect how much you may be offered in a settlement as well as how much you can win in damages in a jury trial. In addition, you may receive points on your driving record depending on what action(s) caused or contributed to the crash. Our auto accident lawyers can address these matters in more detail during a free consultation.
Should I consult an accident lawyer before I speak with the other driver’s insurance company?
If a collision is straightforward and no one was injured, you may be able to handle all matters through insurance representatives without any need for legal representation. However, if there were injuries, major property damage, or you were partially at fault for a collision, it’s in your best interests to discuss the matter with a lawyer before engaging with an insurance adjuster or representative.
Many people avoid speaking with car accident attorneys after a crash because of possible legal fees. At Double Aught Injury Lawyers, your initial consultation is complimentary. That means you can get sound insight into your collision without having to pay a thing. That peace of mind can prove invaluable.
If you were in a car crash in Upcountry South Carolina, we encourage you to request a free legal consultation. Double Aught Injury Lawyers has legal offices in Greenville, Powdersville, and Spartanburg, SC.
Should I accept an insurance company’s first settlement offer?
Generally, no.
After a car accident, it can be tempting to accept an insurance company’s initial settlement offer. You may have vehicle repair bills to take care of in addition to medical costs and other expenses related to the crash. However, the initial offer from an insurance provider may not take the true value of your case into account. There may be long-term health or wellness repercussions that haven’t been considered, or other costs incurred as a result of the crash. There is room to negotiate.
This is why it’s a good idea to speak with our qualified car accident attorneys about what happened. Our Upstate South Carolina personal injury attorneys can review the circumstances of the crash and determine the true value of your claim. We can also be your point of contact with the insurance provider, leveraging our knowledge of collisions and the insurance industry as part of the negotiation process.
Our lawyers can negotiate a better settlement and counteroffer to help you receive a better payout. With each offer from the insurance company, our accident attorneys will let you know if it’s worth taking or if negotiations should continue.
Should I take the settlement offer or take my car accident case to court?
If a final settlement amount cannot be reached, it may be worth taking a case all the way to trial. That said, the outcome of a personal injury trial is never guaranteed. A jury may not find in your favor, and the damages awarded in a car accident case may not be as much as anticipated. This uncertainty is why the vast majority of cases are settled out of court rather than going to trial.
When you hire our team, our attorneys will carefully weigh the risks and benefits of taking your case to court. Our lawyers will let you know if it’s in your best interests to accept the final settlement offer or if you have a good chance of earning more in legal damages through a jury trial.
How long after a demand letter can I expect settlement?
That depends. Sometimes an insurance company responds to a demand letter within a few weeks, but in other cases it may be a few months before there’s a response. If the insurer has a large case load or the car accident is complex, it can take some time to give a demand letter a proper response. Even with a response, the negotiation process may continue for a while, leading to further delays on arriving at a settlement.
In addition to the above delays, an insurance may intentionally delay a response in order to force a person to accept a lower settlement amount or drop their claim entirely.
As the main contact between you and the insurance company, our South Carolina auto accident lawyers will remain persistent. Our attorneys can determine if an insurance provider is acting in bad faith by delaying a reply and determine the right course of action to help you receive the payment you deserve.
If I was in a collision while on the job, can I file for worker’s compensation?
As long as the auto accident was work-related, you may be eligible to collect worker’s comp benefits. Many jobs do involve travel or operating a vehicle, so these kinds of questions come up more than you think.
If you are not sure that your accident was work related or if your injuries will be covered by worker’s compensation, be sure to set up a free case review with our auto accident lawyers in Greenville, Powdersville, and Spartanburg, SC.
Will insurance cover damage and injuries from a hit-and-run accident?
In general, yes, though be sure to check with your insurance provider directly for more details.
If the hit-and-run driver cannot be identified, they will usually be classified as uninsured by your insurance provider. Your uninsured motorist coverage will apply to vehicle damage and bodily injury. If you have collision coverage, that can also be used to cover vehicle damage.
How long does an accident stay on your insurance?
In South Carolina, a minor at-fault auto accident will typically stay on your driving record for three years. More serious at-fault accidents could stay on your record longer depending on the nature of the incident.
Having an at-fault crash on your driving record can lead to an increase in your insurance premiums. This could lead to hundreds of dollars more paid for your auto insurance while the at-fault collision is reflected in your driving record.
How much do insurance companies pay for pain and suffering?
There is no set amount that insurance companies will pay to address the pain and suffering experienced as a result of a car accident. It all depends on what happened and how your injuries have affected you.
The value of your pain and suffering will depend on a few factors, including:
- The severity of your injuries
- The long-term or permanent effect of the injuries
- Medical records and treatments
- Psychological issues or impact on mental health
- Changes to your overall quality of life
Remember: insurance companies will not automatically consider your pain and suffering. In many cases, it takes a car accident attorney to negotiate with the insurance company to acknowledge the full extent of your hardships after a crash. That’s why it’s important to discuss your serious auto accident with the team at Double Aught Injury Lawyers.
Will my insurance policy cover me if I’m sued by another driver for a car crash?
Yes, your liability insurance will cover legal actions taken against you. Be sure to check with your insurance provider for specific details related to your coverage.
According to SC DOI’s auto insurance FAQ, your insurance provider will pay up to the policy limit in a settlement or in damages if there is an unfavorable civil verdict against you. If the settlement or damages exceed your policy limits, you will be required to pay the difference.
It’s worth noting that your insurance company may refuse to defend you if you have been accused of causing intentional injury or intentional property damage with your vehicle.
I have an accident insurance question not answered here. What should I do?
Auto insurance claims and the settlement process are extremely complicated and time consuming. You likely have more specific questions than the ones we’ve answered above. The team at Double Aught Injury Lawyers is here to help. We will use our six decades of combined legal experience to provide the accident insurance information you’re looking for.
For more information or to set up a free legal consultation, contact our South Carolina accident lawyers. We have offices in Greenville, Powdersville, and Spartanburg, SC to serve the Upstate area.