When is Another Driver Responsible?

When is Another Driver Responsible for My Damages from a Car Accident?

In order to recover for all your harms and losses, you must prove that the wrongdoer who caused the car accident was negligent or reckless. In plain english, negligence means breaking a traffic safety rule with no excuse. In legalize, South Carolina law defines car accident negligence as the failure to “exercise due care, that degree of care which would have been exercised by a person of ordinary reason and prudence,” under the circumstances. (South Carolina Requests to Charge, Civil, Section 28-1). Simply put, a wrongdoer is legally responsible for a car accident when the wrongdoer breaks a traffic safety rule without justification.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

What are the Categories of Damages?

What are the Categories of Damages South Carolina Law Recognizes?

South Carolina law recognizes multiple categories of damages in a car accident case. One, actual damages, or compensatory damages, attempt to return the injured person to their pre-injury status as if the wrongdoer never caused the injury in the first place. Paying for medical bills that were caused by the injury from the car collision is an example of actual damages. Two, punitive damages punish the wrongdoer for especially terrible conduct and uphold the injured person’s rights.

Pay Damages After a Car Accident?

Why Does South Carolina Law Require At Fault Drivers to Pay Damages?

South Carolina law mandates the person who caused an automobile accident to pay money damages to the person they injured. The person who caused the accident is the “at fault driver.” South Carolina law uses the word wrongdoer. A wrongdoer is a person who was negligent, reckless, or intentional in injuring another person.

South Carolina law on automobile accident damages is not new. It’s historical foundations can be seen in the Old Testament book of Exodus, which instructs a wrongdoer to pay an injured person for the harm the wrongdoer caused. See Exodus 21:18-19. These timeless laws aim to make sure an injured person’s medical bills and other losses are paid by the person who caused the harm in the first place.

Should I Replace My Car Seat?

Should I Replace My Car seat after an accident?

Often, parents first thoughts after a car accident are the health and wellbeing of their children who are in their automobile. After everyone gets the medical treatment they need, thoughts turn to getting their car fixed and property damage taken care of.

One important item to consider is your child’s car seat. While child car seats provide protection during an accident, a damaged car seat may not protect your child as intended. Manufacturers and the National Highway Traffic Safety Administration have issued guidelines about when to replace car seats after an accident.

The National Highway Traffic Safety Administration (NHTSA) says that car seats can be reused after a minor crash, but not after a moderate or severe accident. The NHTSA uses a five part test to determine if you should replace your car seat. You can re-use your carseat if:
1. your car was drivable from the accident site;
2. the door closest the seat was not damaged;
3. no occupants had any injuries;
4. the airbags did not deploy; AND
5. the car seat has no visible damage.

If your case cannot meet all the above requirements, then the NHTSA says you should replace your car seat. However, some manufacturers do not follow the NHTSA test. Call the manufacturer of your car seat or visit their website and get the manufacturer’s guidance on car seat reuse.

Sometimes, the guidelines from the NHTSA and your car seat manufacturer won’t agree. If it were my children’s car seat, I would follow the manufacturer’s guidelines. Please also remember to install your car seats properly.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

Refusing to Pay My Bills?

Many medical insurance companies refuse to pay medical bills for injuries from a car wreck. They reason that since someone else, the wrongdoer, is responsible, they don’t have to pay.

Your medical insurance’s requirement to pay is controlled by the policy, which is just a contract. When your medical insurance company refuses to pay a medical bill, request a copy of your policy. Although it will take some time to pour through the legalize of your insurance policy, it will be worth your time if you find that there is no provision allowing them to refuse payment.

Of course, sometimes persistence pays. Don’t take no for an answer in dealing with your health insurance company.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

What is the Law on Car Accidents?

What is the Law on Car Accidents?

South Carolina law requires that drivers who break the traffic safety rules and hurt others to pay money to the injured person for all the harms and losses the wrongdoer caused. Common traffic safety rule violations include:
Driving Too Fast For Conditions,
Failure To Yield The Right Of Way, and
Distracted Driving.

Traffic safety rules can be found in the South Carolina Code which can be found online at www.scstatehouse.gov/code/t56c005.php. Additionally, the South Carolina Driver’s License manual, available at http://www.scdmvonline.com/dmvnew/forms.aspx, contains traffic safety rules.
For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

No Insurance After a Car Accident?

Unfortunately, some drivers use our public roads and highways without the South Carolina mandated insurance coverage. These uninsured drivers pose an incredible risk to our communities. When the at-fault driver does not have car insurance, the person who caused the harm in the first place often cannot pay for the injuries they caused. However, you might not be left without options.

When you determine that the driver who caused the accident does not have car insurance, you can use your insurance policy to pay for your harms and losses. Your insurance policy will have an uninsured motor vehicle provision. This provision in your car insurance will step into the shoes of the uninsured at-fault driver and pay for your harms and losses.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

See a doctor after a car accident?

Getting proper medical care when you are uninsured and after you have been injured in a wreck is complicated. Additionally, your situation may require you to get a lawyer. However, there are a few options

One, you can pay the doctor up front, but most of us don’t have that type of cash laying around. Two, you can try to work out payment arrangements, but many medical providers require up front payments. Three, your lawyer may know some medical providers who will treat you with a promise from your lawyer that your lawyer will pay the medical bill once your case settles. Four, there are some companies that will finance medical treatment, but most require you to have a lawyer.

It is worth noting that many Chiropractors will provide treatment if you promise to pay them once your case settles.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

What Should I do?

The Insurance Company is Calling After a Car Accident, What Should I do?

When the insurance company adjuster starts calling after your car accident, resist their pressure to sign forms and settle your claim quickly. Take some time and educate yourself about the claims process. Some adjusters may take advantage of the fact that you have very little experience in this area. They may push you to sign papers, give a recorded statement, or even settle your case the same day of the crash. Get some information about the process. Take advantage of all the free resources available at my website.

So what should you do?

First, get the insurance company adjuster’s name, phone number, and the claim number. Write this down and keep it in a safe place. Politely tell the adjuster that you will call them back. However, if you are reading this after you have already given a recorded statement or signed paperwork, don’t worry, it might not wreck your case.

Second, immediately begin resisting their urgency to resolve your claim quickly. It is extremely important that you understand the claims process and get the medical treatment you need before negotiating with the insurance company.

Third, get the medical treatment you need. That may be going to the hospital, your family doctor, or chiropractor. Medical treatment is your first priority, because after all, there are no aftermarket parts for your body.

Fourth, after you get the medical treatment you need, then pay attention to your car. For example, if you car is not drivable, you will need a rental car. Additionally, you will need to find a repair shop. These items need to be coordinated with the insurance company before hand to make sure the process goes smoothly.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

FAQ: Should I Settle My Car Accident Case Quickly?

FAQ:  Should I Settle My Car Accident Case Quickly?

No, never. Some insurance companies and adjusters will try to get you to settle your case very quickly, like within a couple of days after a wreck. Do not agree to this.

You may not know how badly you are injured. Some injuries take time to appear. Sometimes, injuries to one part of your body mask pain in another part of your body.

How do you know when the time is right to accept an offer from the adjuster? When your doctor says your injuries have healed completely or if you have some permanent injury that your injuries are as good as they are going to get. Rely on your doctors.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.