R2-Important information if you've been involved in a car accident
- André Rembert
- Auto Accidents
- Read Time: 1 min
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After being in a car crash, there is a lot to take into consideration. What you need to do next, what the deadlines are, calling your insurance company, and handling the paperwork involved, not to mention possible doctor visits and trying to recover from the accident. Let's discuss some essential information you may need to know if you've been involved in an accident in South Carolina.
First of all, South Carolina has a fault-based system which they use when handling incidents such as this. A fault-based system means that whoever the individual was that was responsible for the crash is now charged with the damages and losses caused by the wreck. Due to the fault system, the person who did not cause the accident may not need to involve their insurance company in the accident. In some instances, though, if the innocent driver has been injured, their insurance company may be asked to help with recovery, and the insurance company will then seek reimbursement from the at-fault driver's insurance.
If a person has been involved in a crash and is not-at-fault and they have experienced damages due to the incident, they can file a claim against the other driver.
Most car accidents are due to negligence or, in other words driving carelessly. Drivers are supposed to drive and abide by a certain standard of duty and caution. We all must follow the laws of the road to ensure our safety and the safety of other drivers. When we do not follow the proper road protocol, we breach that duty, and it can result in an accident.
In some cases, there may be a reason for the negligent driving; for instance, if a deer ran out in front of an automobile, the driver may claim that they were not technically the cause for the accident.
When filing a claim for negligent driving, it's important to note that there must be damage done or an injury caused due to the accident. Otherwise, you have no reason to sue.
Some accidents, though, have more than one person at fault. If more than one person is blamed, according to South Carolina law, it then goes by the modified comparative negligence scheme. The modified comparative negligence scheme says that anyone that is more than 50% at fault for the crash is, therefore, unable to file a claim seeking compensation from the other driver.
On the other hand, if the motorist is found to be 50% at fault or less, they may be able to seek compensation for damages done, but the amount they receive will be reduced by the percentage of damages that that person themselves caused. These types of cases can be confusing, and having an attorney that can advise you in these matters can be a huge asset to your lawsuit.
When an individual has been involved in a wreck, it is important to keep in mind the Statute of Limitations. The Statute of Limitations tells you the amount of time a person has after an accident to file a legal claim against the other driver. If the time-frame for the statutes of limitations has passed, you will be unable to file a claim in order to receive compensation for damages caused by the accident.
In South Carolina, the Statute of Limitations Law states that an individual usually has up to 3 years to file a claim due to a car accident. There are some instances though were the time-frame may be shorter. Here at the Rembert Law Firm, we can tell you the time-frames allowed and be able to advise you in the steps you need to take to file a claim.
Once a person does file a claim with the insurance company, having an attorney to handle this type of claim can get you a better outcome since insurance companies may try to offer lower compensation than you deserve. Your attorney can negotiate with them for a higher settlement and also calculate the amount required to cover the damages done and any medical bills or missed work that was caused by the incident.
Having an attorney that understands the laws and your specific case is important. It can help make sure everything is taken care of properly, that all deadlines are met and that you receive the compensation you are entitled to in your particular claim.
Contact The Rembert Law Firm today if you've been involved in a car accident!